300 public health-related complaints in 5 years
• BY MARX ITAMALO
The Health Professions Council of Namibia (HPCNA) said there has been an increase in the number of complaints lodged with the councils in the past five years. The council has attributed this to the growing awareness among the public regarding the council’s investigative processes.
The Nursing Council of Namibia (NCNA), the Medical and Dental Council of Namibia (MDCNA), the Allied Health Professions Council of Namibia (AHPCNA), the Pharmacy Council of Namibia (PCNA) and the Social Work and Psychology Council of Namibia (SWPCNA) make up the council. The objectives of the various councils are, among others, to promote the health and well–being of Namibians, determine and uphold standards of education and training, protect the public through regulated education and training, investigate all complaints, accusations or allegations relating to the conduct of registered persons and to advise the ministry of health and social services on matters about the health and well – being of the Namibian population in general.
Some of the cases that the HPCNA investigates include improper conduct, performing procedures without the patient’s consent, racial discrimination, inappropriate treatment of patients, disclosing information regarding a patient without his or her consent, publicly discrediting another practitioner, improper relationships, prescription of specific medicine to maintain the dependency of a patient, incompetence in treating and insufficient care towards patients. Data availed exclusively to Confidente indicate that between 2019 and 2023, the councils received 301 complaints of unprofessional conduct. During the 2018- 2019 financial year, the council received 48 cases; during the 2019- 2020 financial year, fifty-nine (59) cases were recorded. The financial year 2020/2021 saw 49 cases recorded, while during 2021/2022 seventy- three (73) cases were recorded. During 2022/2023, the number of cases decreased, with one case down to 72 complaints.
During the period under review 2019/2023, the Medical and Dental Council recorded the highest number of complaints, totalling 44, followed by the Nursing Council and the Pharmacy Council, with each recording 10 complaints. The Allied Health Professions Council recorded six (6) complaints during the period under review. The council with the most minor complaints lodged is the Social Work and Psychology Council, which has two cases Matters that dominated during the reviewed period various councils include improper attitudes towards patients, practising outside the scope of practice, unethical behaviour and fraud, rendering professional services without being registered with the council, midwifery, inadequate investigations in social welfare cases, biases in report writing after investigations, operating pharmacies in contravention of the relevant regulations and dispensing wrong medication.
Other matters or complaints registered include insufficient psychological services, conduct of social workers in custody and control of minor children, lack of adherence to regulations relating to the registration of community pharmacies, and theft of scheduled medicines. The statistics from the HPCN further indicate that during the financial year 2018/2019, nineteen health professionals were cleared of accusations or allegations registered against them. None was found guilty during the same period. During 2019/2020, thirsty – six (36) practitioners were also cleared, while three were found guilty. During 2020/2021, 50–to 57) health professionals from various councils were also cleared w, and one was found guilty. During 2021/2023, three (3) practitioners were found guilty of health-related cases, with 83 found guilty. The year 2022/2023 records many health professionals found guilty, with seven (7) practitioners found guilty of various offences.
According to this information, as of the end of 2023, the HPCNA has 334 pending and unresolved cases at the various councils. The council with the highest number of pending cases is the Medical and Dental Council, with 211 cases, followed by the Pharmacy Council, with 44 cases. The Nursing Council comes third with 40 cases, while the Allied Health Professions Council is fourth with 28 pending cases. The council with the least unresolved complaints is the Social Work and Psychology, with only 11 cases.
Throwing light on the process of complaining, Luchandra Zimmer, the senior legal officer for professional conduct at the HPCNA, indicated that the process starts with the complainant writing a report about the matter. The report should be addressed to the registrar, the practitioner’s name, the institution or practice where the complainant/patient was treated, and the time of events should be indicated. This report should also contain the complainant’s full contact details for correspondence purposes.
“When the complaint is received, it is acknowledged, and a file is opened. The complaint is forwarded to the professional(s), requesting them to respond to the complaint within a set period.
Upon receipt of the requested response or information, the matter will be referred to the preliminary investigation committee, “Zimmer noted that if a practitioner fails to respond within a reasonable time, the complaint will be referred to the investigation committee without the response. Zimmer pointed out that the committee could also request an expert opinion during this stage.
Once the investigation committee has finalized its investigation, it will make recommendations to the council to either close the case or refer it to the professional conduct committee – the committee conducting the hearings.
“If the council ratifies the decision to refer the matter to the professional conduct committee, the inquiry will be set down, evidence will be led and the committee will make recommendations as to whether the health professional should be found guilty or not. In the former instance, the committee will also make recommendation as to the appropriate penalties to be imposed, following which all parties will be informed,” Zimmer expanded.
Zimmer further indicated that if the practitioner needs to be registered or adequately authorized by the Ministry of Health and Social Services, the HPCNA has no mandate over that practitioner.
Zimmer noted that if the practitioner is not registered, the practitioner’s conduct should be reported to the police, and a criminal case should be opened. He likewise indicated the HPCNA does not compensate or order a practitioner to compensate members of the public for injuries or losses they might have suffered at the hands of a health practitioner.