Unethical Conduct: How to Navigate the Minefield

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HPCSA CPD ASSESSMENT

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Assessment Questions

1. According to the Health Professions Act 56 of 1974, which of the following best describes unprofessional conduct?

Any action that results in a patient being dissatisfied Improper, disgraceful, dishonourable or unworthy conduct, having regard to the profession of the registered person Any action that results in civil litigation Any conduct that differs from another practitioner’s personal opinion

2. What is one of the primary purposes of the HPCSA, as highlighted in the presentation?

To protect healthcare practitioners from litigation To regulate private medical schemes To uphold and maintain professional and ethical standards while protecting the public To determine the fees charged by all medical practitioners

3. Why does the presentation describe the definition of unprofessional conduct as potentially “very subjective”?

The definition only applies to specialists Interpretation may be influenced by opinions, cultural values and community standards The Health Professions Act does not define unprofessional conduct Only patients are permitted to determine whether conduct is unethical

4. According to the presentation, which organisation has the authority to determine what constitutes ethical or unethical conduct in relation to medical practice?

The South African Police Service The Department of Justice The HPCSA and its professional boards The medical practitioner’s indemnity insurer

5. A practitioner believes that a decision made by a professional board was incorrect. According to the principles discussed in the presentation, what is an important consideration before approaching a court?

The practitioner must first change professional boards Domestic remedies should generally be exhausted before approaching the court The practitioner must obtain permission from the patient The practitioner must first terminate their medical practice

6. Which of the following was specifically identified in the presentation as an area regulated by HPCSA rules relating to professional conduct?

Advertising, canvassing and touting Personal taxation Private residential property ownership Investment portfolio management

7. According to the presentation, why can an understanding of the Constitution and Bill of Rights be important to healthcare practitioners?

It replaces the need for professional qualifications It determines the practitioner’s medical specialty Patient rights and perceptions may create potential human-rights issues even where a practitioner believes they acted professionally It prevents patients from making complaints

8. The presentation identifies mediation as an increasingly popular alternative to litigation. What is one of the key functions of a mediator?

To impose a legally binding punishment on the practitioner To act as the patient’s legal representative To facilitate discussions, clarify issues and priorities, and explore possible compromises To determine whether the practitioner is guilty of unprofessional conduct

9. Which of the following is identified as a significant advantage of mediation compared with traditional litigation?

It guarantees that the practitioner will win the dispute It is generally private and confidential and can reduce the time, cost and reputational impact associated with litigation It removes the need for any agreement between the parties It prevents professional boards from investigating complaints

10. A medical practitioner is involved in a dispute with a patient. Based on the presentation, which approach is most consistent with the principles of alternative dispute resolution?

Immediately pursue lengthy litigation without attempting to resolve the dispute Publicly discuss the dispute to protect the practitioner’s reputation Consider mediation to identify the issues, clarify misunderstandings and explore a mutually acceptable resolution Refuse all communication with the patient until the matter reaches court

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