| 8.1. |
The CPD committee will, on receipt of a non-compliant audit (after the process as stipulated in paragraph 4 has been followed), request the Registrar to send the non-compliant practitioner a letter requesting reasons for the non-compliance: (a) The non-compliant practitioner shall be afforded 10 (ten) days from the date of the written request to submit reasons and/or an explanation as to why he/she is not compliant alternatively proof of compliance for the specific cycle; (b) In the event the non-compliant practitioner fails and/or refuses to submit reasons and/or an explanation for his/her non-compliance, or proof of compliance, after the lapse of the 10 (ten) days stipulated above, such conduct will be regarded as unprofessional and it is deemed that the practitioner admits guilt and accepts the consequences as a result of his/her non-compliance. |
| 8.2. |
After the lapse of the 10 (ten)-day period as set out above, the relevant CPD committee will attend to the matter, and determine whether the practitioner is indeed non-compliant, or not and make the following decision: |
| (a) |
That the practitioner is compliant; or |
| (b) |
that the practitioner is non-compliant. |
| 8.3. |
In the event that the practitioner is compliant, he/she will be informed accordingly. |
| 8.4 |
in the event that the relevant CPD committee finds that the practitioner is non-compliant, the CPD committee may recommend to the AHPCSA Council any of the following sanctions, which may be applied collectively and/or individually: |
| (a) |
Changing the category of registration to supervised practice until proof of compliance with the CPD requirements are submitted; and/or |
| (b) |
successfully passing a competency assessment administered by an institution of higher education and training, alternatively administered by the relevant professional board; and/or |
| (c) |
suspension from the register until submission of proof of compliance with the CPD requirements; and/or |
| (d) |
registration in a category that will provide full supervision as considered appropriate; and/or |
| (e) |
a remedial programme of continuing education and training as specified; and/or |
| (f) |
an examination is determined; and/or |
| (g) |
suspension from practice for a period of time; and/or |
| (i) |
any other action as recommended to the AHPCSA Council by the CPD committee after the procedure has been followed as stipulated herein. |
| 8.5 |
If the non-compliant practitioner, despite any of the above sanctions, remains non-compliant or fails/refuses to comply with the directive and/or sanction recommended by the CPD committee and imposed by the AHPCSA Council, the non-compliant practitioner’s conduct shall be regarded as unprofessional and an inquiry shall be held as stipulated in section 23 of the Act, read together with Chapter 8, regulations 17-23, as amended. |
[Guideline 8 substituted by Board Notice 170, GG45536, dated 26 November 2021]
Mandating Procedures of Provinces Act, 2008
