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Category: Insurance News / Medical Aid / August 2008

Optometrists & SA Public Outraged Over New Regulation

The South African public's access to optometric services could be disadvantaged as the Ethical Rules of Conduct for Health Professions will prevent optometrists from sharing premises with other businesses.  Yet sharing resources such as premises and overheads enables these practitioners to provide access to high quality and convenient healthcare for the South African public. 

The Health Professions Council of South Africa (HSPCA) plans to reintroduce this rule in an apparent attempt to keep the commercial element out of optometry, ensure optometrists retain their clinical independence, as well as protect patient confidentiality.

Smaller professional optometry practices have prospered and grown by sharing premises with businesses not registered in terms of the Act without any negative impact on their professionalism.  This amendment will result in many optometrists that already share their rooms with other businesses to relocate or close their doors.

Rene Very of Rene Very Optometrists disputes the intentions of the proposed change, stating that the sharing of premises is not a threat to the ethical rules of professional practice.  "The fact that our businesses are available to the public in this way means that our high standard of professional service is more accessible at affordable prices," Vrey comments. 

Rene Vrey Optometrists Inc., a growing optometry business, and Vision Operations Pty. Ltd., a retailer of sunglasses and readers, will be heavily impacted on by this amendment.  Both businesses have shared premises with Dis-Chem Pharmacy for some time which is located within major retail shopping malls across South Africa.

Optometrists have shared premises with other businesses for many years in an effort to increase accessibility to the public, as well as lower expenses.  Historically, sharing of premises has been overlooked by the HPCSA, however in 2006 the law was amended to permit sharing of premises.  Now the proposal, if implemented, would change the statics again.

The amendment to the regulation appears to overlook other health professions in similar situations.  Biokineticists that share rooms in gymnasiums are exempted from the amendment in what may appear to be an unfair and inconsistent application of the rules of conduct that applies to these various professions under the Act.

Their apparent exemption from this rule of conduct could bring optometrists seeking to offer their services to the South African public up in arms.  While the rule prevents optometrists from practising under the same roof as pharmacists, it fails to prevent those pharmacists with optometry degrees from practising optometry.

Director of Werksmans Attorneys, Neil Kirby, says "The amendment as it has been drafted by the HPCSA will negatively impact on a number of constitutional rights.  For one, the rights to access to healthcare will be threatened as well as health professionals' freedom of trade, occupation and profession since they will be restricted only to trading under specific circumstances that may not be consistent with the Bill of Rights."

This current migration of South Africa's health professionals to other countries and severe restrictions on where they can practise means that this regulation could be seen to be counter-productive.  It is important that we facilitate circumstances to provide the best health services to all South Africans.

 

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