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Health Professions Act, 1974 (Act No. 56 of 1974)

Chapter IV : Disciplinary Powers of Professional Boards

43. Postponement of imposition of penalty and suspension of operation of penalty

 

(1) Where a professional board finds a person referred to in section 42(1) guilty of conduct referred to therein, it may—
(a) postpone for such period and on such conditions as may be determined by it, the imposition of the penalty; or
(b) impose any penalty mentioned in paragraph (b), (c) or (d) of section 42(1), but order the execution of such penalty or any part of the penalty to be suspended for such period and on such conditions as may be determined by it.

[Subsection (1) substituted by section 42 of Act No. 89 of 1997]

 

(2)
(a) If at the end of the period for which the imposition of a penalty has been postponed in terms of subsection (1)(a), the professional board is satisfied that the person concerned has observed all the relevant conditions, the professional board shall inform the person concerned that no penalty will be imposed upon him or her.
(b) If the execution of a penalty or any part of a penalty has been suspended in terms of subsection (1)(b), and the professional board is satisfied that the person concerned has observed all the relevant conditions, the professional board shall inform such person that such penalty or part thereof will not be executed.
(c) If the execution of a penalty or any part of a penalty has been suspended in terms of subsection (1)(b) and the person concerned fails to observe any of the conditions of suspension, the professional board shall put such penalty or part thereof into operation, unless such person satisfies the professional board that the non-observance of the condition concerned was due to circumstances beyond his or her control.

[Subsection (2) substituted by section 42 of Act No. 89 of 1997]