Acts Online
GT Shield

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

Chapter IV : Disciplinary Powers of Professional Boards

45. Cognizance by professional boards of conduct of registered persons under certain circumstances


(1) Every registered person who, either before or after registration, has been convicted of any offence by a court of law may be dealt with by the professional board in terms of the provisions of this Chapter if the professional board is of the opinion that such offence constitutes unprofessional conduct, and shall be liable on proof of the conviction to one or other of the penalties referred to in section 42: Provided that, before imposition of any penalty, such person shall be afforded an opportunity of tendering an explanation to the professional board in extenuation of the conduct in question.

[Subsection (1) substituted by section 44 of Act No. 89 of 1997]


(2) Whenever in the course of any proceedings before any court of law it appears to the court that there is prima facie proof of unprofessional conduct on the part of a registered person, or of conduct which, when regard is had to such person's profession, is unprofessional, the court shall direct that a copy of the record of such proceedings, or such portion thereof as is material to the issue, shall be transmitted to the relevant professional board.


(3) [Subsection (3) deleted by section 44(c) of Act No. 89 of 1997]


(4) [Subsection (4) deleted by section 44(c) of Act No. 89 of 1997]