Allied Health Professions Act, 1982 (Act No. 63 of 1982)

Chapter 3 : Disciplinary Powers of the Council

30. Restriction in, or suspension from, practise of profession by practitioner

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(1)When it appears to the council that any practitioner
(a)has become mentally or physically disabled to such an extent that it would be detrimental to the public interest to allow him to continue to practise any profession in respect of which he is registered or to perform any act specially pertaining to any profession in respect of which he is registered; or
(b)has become addicted to the use of any scheduled substance as defined in section 1(1) of the Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965),

the council shall cause the matter to be investigated and may, if it deems it necessary, refer it to the relevant professional board to hold an inquiry in respect of that practitioner mutatis mutandis in accordance with the provisions of section 24 and the regulations made under section 38(1)(q).

[Section 30(1) substituted by section 26(a) of Act No. 50 of 2000]

 

(2)If the council or professional board in question, after holding an inquiry under subsection (1), finds that any circumstance referred to in that subsection exists in respect of the practitioner concerned, the council may by order—
(a)suspend that practitioner for a specified period from practising any profession in respect of which he is registered or from performing any act specially pertaining to any profession in respect of which he is registered; or
(b)impose such conditions as it may deem fit subject to which that practitioner will be entitled to continue practising any such profession or to continue with the performance of any such act.

[Section 30(2) substituted by section 26(b) of Act No. 50 of 2000]

 

(3)The council may extend for any period the operation of any order made under subsection (2) or in any other manner amend any such order or withdraw any such order.

 

(4)The provisions of section 26 shall mutatis mutandis apply in respect of any practitioner who has been suspended under a provision of subsection (2) of this section.

 

(5)When the council has made any order under subsection (2), the registrar shall inform the practitioner concerned thereof in writing.

 

(6)Any practitioner who contravenes or fails to comply with any order made under subsection (2), shall be guilty of an offence and on conviction liable to a fine not exceeding the prescribed amount.

[Section 30(6) substituted by section 26(c) of Act No. 50 of 2000]

 

[Section 30 substituted by section 17 of Act No. 17 of Act No. 108 of 1985]