Medical Law and Ethics
PERSONS PRACTISING ILLEGALLY AND
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ILLEGAL PRACTISING OF HOMEOPATHY
registration in South Africa allows practitioners privileges and
rights similar to those of medical practitioners. Homoeopathic
practitioners are recognised as a primary contact profession same as
Medical Practitioners. This being the case, only full-time training
at the level of a Masters Degree in Homoeopathy is allowed or
recognised. Registration with the Allied Health Professions Council
of SA (AHPCSA) is a statutory requirement and graduates become
eligible for registration only once the internship has been
completed successfully. No correspondence / distance learning or
part-time courses may be offered and such courses are not considered
for purposes of registration in SA.
HOMOEOPATHIC TRAINING IN SOUTH AFRICA
The only training recognised for registration in South Africa is the Masters Degree in Homoeopathy - M.Tech.(Hom) offered at the Durban Institute of Technology and University of Johannesburg, or SA Qualifications Standards Authority (SAQA) and AHPCSA approved equivalent.
The M.Tech(Hom) consists of a five (5) year full-time medico-scientific course in classical / clinical / modern / conventional Homoeopathy as well as Homoeopharmaceutics, which is a legal requirement for registration. Graduates are registered as Homoeopathic Practitioners only after having completed their post-graduate Internship. Medical Practitioners registered for private practice with the Health Professions Council of SA (HPCSA) may also opt for the course offered by the SA Faculty of Homoeopathy.
It should be noted that, whereas the vast majority of International Homoeopathic schools offer Skills-oriented Homoeopathic training, South Africa offers Professional Training at a level required for the practising of Homoeopathy as a Primary Contact Health Profession in accordance with the Scope of Practice of such profession. This being the case Distance Education, Correspondence and Part-Time Courses, from whatever institution in the World, are not recognised for purposes of registration and such applicants will not be considered.
REGISTRATION IS A LEGAL REQUIREMENT
It should be noted that in terms of the Allied Health Professions Act 1982 (Act 63 of 1982) any person wishing to prescribe Homoeopathic Medicine or practice Homoeopathy in South Africa MUST be registered as a Homoeopathic Practitioner with the Allied Health Professions Council of South Africa. This includes Medical Practitioners and it is for this reason that dual registration is allowed for Medical Practitioners with both the Health Professions Council (HPCSA) and the Allied Health Professions Council (AHPCSA).
No Lay Practitioners are allowed in South Africa in whatever field of Medicine or Health.
Practising Homoeopathy within the boarders of South Africa, in any way whatsoever, without being legally registered is a CRIMINAL OFFENCE.
In terms of the Allied Health Professions Act, 1982 (Act 63 of 1982) any person who is not specifically registered as a Homoeopath and who for gain practises Homoeopathy, performs any act pertaining to the Homeopathic profession, pretends or by any means whatsoever holds himself out to be a Homeopathic practitioner, or uses the title of a Homoeopath, shall be guilty of a criminal offence and on conviction liable to a fine or to imprisonment or to both a fine and imprisonment.
In terms of the Health Professions Act, 1974 (Act 56 of 1974) any unregistered person who -
physically examines any person;
performs any act of diagnosing, treating or preventing any physical or mental defect, illness or deficiency in respect of any person;
advises any person on his mental state;
supplies, sells or prescribes any medicine, substance, treatment or thing;
performs any other act specially pertaining to any health profession;
pretends, or by any means whatsoever holds himself out to be any health care practitioner;
uses the name of medical practitioner, Homoeopath, intern, healer or doctor, or the name of any health care profession, or
any name, title, description or symbol suggesting that he is qualified as any health care practitioner, or
that he is qualified to diagnose, treat or prevent physical defects, illnesses or deficiencies in any manner whatsoever,
shall be guilty of a criminal offence and on conviction liable to a fine or to imprisonment or to both a fine and imprisonment.
It is important to note the implications of the above legislation;
It is a criminal offence for anyone, not registered in a diagnostic profession to diagnose any condition in any patient, irrespective of what method or device they may be using in the process.
Persons practising with the SCIO (Previously known as the Quantum Xeroid), or B.E.S.T. machines and who are not legally registered in one of the Diagnostic Professions with either the Health Professions Council of South Africa (HPCSA) or the Allied Health Professions Council of South Africa (AHPCSA) are practising illegally and committing a criminal offence.
It is illegal to use Iridology / Iris diagnosis to diagnose a person unless duly registered in a diagnostic profession.
It is illegal for anyone to use the title doctor unless registered in a diagnostic profession. Even if one is the holder of a doctoral degree, the use of the title Doctor where the use of the title may lead people to infer that the holder is a doctor, is illegal.
The following so-called "professions" do not exist in South African Law and are not registered with any of the Statutoty Health Councils; LEGALLY REGISTERED PROFESSIONS
Natural Health Practitioner
The only professions legally registered under the Allied Health Professions Council of South Africa are;
Homoeopathy, Naturopathy, Phytotherapy,
Ayurveda, Chinese Medicine and Acupuncture, and Unani-Tibb
Therapeutic Aromatherapy, Therapeutic Massage Therapy, Therapeutic Reflexology
For a list of professions registered under the Health Professions Council of South Africa visit their Professional Boards
LEGALLY REGISTERED PROFESSIONS
It is important for patients to ensure that their Homoeopath is legally registered with the Allied Health Professions Council of South Africa (AHPCSA)