HEALTH PROFESSIONS COUNCIL OF SOUTH AFRICA

GUIDELINES FOR GOOD PRACTICE

IN THE HEALTHCARE PROFESSIONS

NATIONAL PATIENTS’ RIGHTS CHARTER

BOOKLET 3

PRETORIA
SEPTEMBER 2016
Health Professions Council of South Africa
Post Office Box 205
Pretoria 0001

Telephone: (012) 338 9300

Fax: (012) 328 4863

E-mail: [email protected]

Website: http://www.hpcsa.co.za
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ETHICAL AND PROFESSIONAL RULES

Practising as a healthcare professional is based on a relationship of

mutual trust between patients and healthcare practitioners. The term

“profession” means “a dedication, promise or commitment publicly made”.1

To be a good healthcare practitioner, requires a life-long commitment to

sound professional and ethical practices and an overriding dedication to

the interests of one’s fellow human beings and society.

During their professional work, healthcare practitioners are required to

subscribe to certain rules of conduct. To this end the Health

Professional Council of South Africa has formulated a set of rules

regarding professional conduct against which complaints of professional

misconduct will be evaluated. These rules are reproduced in this booklet.

1
Pellegrino, ED. Medical professionalism: Can it, should it survive? J Am Board Fam Pract 2000; 13(2):147-149 (quotation
on p. 148).
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TABLE OF CONTENTS

PREAMBLE .................................................................................................................................... 1

1 INTRODUCTION ............................................................................................................... 1

2 PATIENTS’ RIGHTS ......................................................................................................... 1

3 RESPONSIBILITIES OF THE PATIENT ........................................................................... 3

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NATIONAL PATIENTS’ RIGHTS CHARTER

PREAMBLE

The Department of Health, in consultation with various other bodies, developed a National
Patients’ Rights Charter.

The document contained herein was launched by the Minister of Health and agreed to by the
HPCSA. It has since been included in the Board’s Handbook for Interns, Accredited facilities and
Health Authorities.

NATIONAL PATIENTS’ RIGHTS CHARTER

1. INTRODUCTION

1.1 For many decades the vast majority of the South African population has experienced
either a denial or violation of fundamental human rights, including rights to health care
services.

1.2 To ensure the realisation of the right of access to healthcare services as guaranteed in the
Constitution of the Republic of South Africa, 1996 (Act No. 109 of 1996), the Department
of Health is committed to upholding, promoting and protecting this right and, therefore,
proclaims this PATIENTS’ RIGHTS CHARTER as a common standard for achieving the
realisation of this right.

1.3 Equally, Practitioners should adhere to the stipulations of this charter as it relates to them.

2. PATIENTS’ RIGHTS

2.1 HEALTHY AND SAFE ENVIRONMENT

Everyone has a right to a healthy and safe environment that will ensure their physical and
mental health or well-being, including adequate water supply, sanitation and waste
disposal, as well as protection from all forms of environmental danger, such as pollution,
ecological degradation or infection.

2.2 PARTICIPATION IN DECISION-MAKING

Every citizen has the right to participate in the development of health policies, whereas
everyone has the right to participate in decision-making on matters affecting one’s own
health.
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2.3 ACCESS TO HEALTH CARE

Everyone has the right to access to healthcare services that include -

a. receiving timely emergency care at any healthcare facility that is open,

regardless of one’s ability to pay;

b. treatment and rehabilitation that must be made known to the patient to enable
the patient to understand such treatment or rehabilitation and the consequences
thereof;

c. provision for special needs in the case of newborn infants, children, pregnant
women, the aged, disabled persons, patients in pain, persons living with HIV or
AIDS patients;

d. counselling without discrimination, coercion or violence on matters such as

reproductive health, cancer or HIV/AIDS;

e. palliative care that is affordable and effective in cases of incurable or terminal

illness;

f. a positive disposition displayed by healthcare providers that demonstrates

courtesy, human dignity, patience, empathy and tolerance;

g. health information that includes information on the availability of health services

and how best to use such services, and such information shall be in the language
understood by the patient.

2.4 KNOWLEDGE OF ONE’S HEALTH INSURANCE/MEDICAL AID SCHEME

A member of a health insurance or medical aid scheme is entitled to information about

that health insurance or medical aid scheme and to challenge, where necessary, the
decision of such health insurance or medical aid scheme relating to the member.

2.5 CHOICE OF HEALTH SERVICES

Everyone has a right to choose a particular healthcare provider for services or a particular
health facility for treatment, provided that such choice shall not be contrary to the ethical
standards applicable to such health care provider or facility.

2.6 TREATED BY A NAMED HEALTHCARE PROVIDER

Everyone has a right to know the person that is providing healthcare and, therefore, must
be attended to by only clearly identified healthcare providers.

2.7 CONFIDENTIALITY AND PRIVACY

Information concerning one’s health, including information concerning treatment may only
be disclosed with informed consent, except when required in terms of any law or any
order of court.

2.8 INFORMED CONSENT

Everyone has a right to be given full and accurate information about the nature of one’s
illnesses, diagnostic procedures, the proposed treatment and risks associated therewith
and the costs involved.
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2.9 REFUSAL OF TREATMENT

A person may refuse treatment and such refusal shall be verbal or in writing, provided that
such refusal does not endanger the health of others.

2.10 A SECOND OPINION

Everyone has the right-on request to be referred for a second opinion to a health provider
of one’s choice.

2.11 CONTINUITY OF CARE

No one shall be abandoned by a healthcare professional who or a health facility which

initially took responsibility for one’s health without appropriate referral or hand-over.

2.12 COMPLAINTS ABOUT HEALTH SERVICES

Everyone has the right to complain about healthcare services, to have such complaints
investigated and to receive a full response on such investigation.

3. RESPONSIBILITIES OF THE PATIENT

Every patient or client has the following responsibilities:

3.1 To take care of his or her own health.

3.2 To care for and protect the environment.

3.3 To respect the rights of other patients and healthcare providers.

3.4 To utilise the healthcare system properly and not to abuse it.

3.5 To know his or her local health services and what they offer.

3.6 To provide healthcare providers with relevant and accurate information for diagnostic,
treatment, rehabilitation or counselling purposes.

3.7 To advise healthcare providers of his or her wishes with regard to his or her death.

3.8 To comply with the prescribed treatment or rehabilitation procedures.

3.9 To enquire about the related costs of treatment and/or rehabilitation and to arrange for
payment.

3.10 To take care of the health records in his or her possession.

 Ethical guidelines for good practice in the health care
professions
The following Booklets are separately available:

Booklet 1: General ethical guidelines for health care professions

Booklet 2: Ethical and professional rules of the health professions council of
South Africa as promulgated in government gazette R717/2006
Booklet 3: National Patients’ Rights Charter
Booklet 4: Seeking patients’ informed consent: The ethical considerations
Booklet 5: Confidentiality: Protecting and providing information
Booklet 6: Guidelines for the management of patients with HIV infection or AIDS
Booklet 7: Guidelines withholding and withdrawing treatment
Booklet 8: Guidelines on Reproductive Health management
Booklet 9: Guidelines on Patient Records
Booklet 10: Guidelines for the practice of Telemedicine
Booklet 11: Guidelines on over servicing, perverse incentives and related matters
Booklet 12: Guidelines for the management of health care waste
Booklet 13: General ethical guidelines for health researchers
Booklet 14: Ethical Guidelines for Biotechnology Research in South Africa
Booklet 15: Research, development and the use of the chemical, biological and
nuclear weapons
Booklet 16: Professional self-development