Resumo

MAKOEA, MI; MACHETE, ML; BAPELA, T  e  MOTLOBA, PD. Regulatory Overreach - Intervention or Interference. S. Afr. dent. j. [online]. 2024, vol.79, n.1, pp.49-52. ISSN 0375-1562.

There is a prevalent notion among healthcare professionals that their private lives have no bearing on their work. Yet, the public has expectations about the conduct of health professionals while at work or in public. Citizens are quick to broadcast information, and express opinions, and beliefs about the conduct of health partitioners via social media. Consequently, incidents and behaviours traditionally confined to the work environment, have been brought into the public domain, attracting interest and scrutiny. The exposure of personal information can have serious ramifications to the individual and professional reputation. We have witnessed in recent times, the regulator having to acknowledge, process and adjudicate professional conduct emanating outside the work environment. In this article we interrogate the jurisdiction of the HPCSA regarding "unprofessional conduct" outside work. Several contextual questions are discussed: (i) what does it mean for the HPCSA to protect the public? (ii) How far does the HPCSA's mandate to protect the public go extend? (iii) How should the regulator interact with social media as a source of information about practitioner's behaviour and conduct. We contend that, in some cases, the HPCSA as a regulatory authority, can exercise its jurisdiction and prescribe how their members should conduct themselves outside of work. Eventually, Health Professions Council of South Africa, must protect the public and regulate the profession - "by all means necessary" or only when the "means are necessary"

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