(1) The Impairment Committee may—
| (a) |
postpone the inquiry to such later date as the Impairment Committee might determine; |
| (b) |
adjourn the inquiry in order to refer the Respondent for examination(s) or to obtain further medical reports or other information as to his or her physical or mental condition or with regard to her ability to practise in terms of the Act; |
| (c) |
make a finding on whether— |
| (i) |
the Respondent is fit to practise; |
| (ii) |
the Respondent is not fit to practice except on terms or conditions as may be determined by the Impairment Committee; |
| (iii) |
the Respondent is unfit to practise; or |
| (iv) |
the Respondent suffers from a recurring or episodic physical or mental condition/illness which, although in remission at the time of the examination, may be expected in future to render him or her unfit to practise or fit to practise subject to such terms or conditions as may be determined by the Impairment Committee and provide reasons for such a finding; or |
| (d) |
recommend to Council that the Respondent be suspended from practicing for a determinate period with such conditions as the Impairment Committee may deem fit. |
| (2) |
Where, after announcing its finding, the Impairment Committee considers that it may be appropriate to provisionally suspend the Respondent pending the outcome of any appeal, the Impairment Committee shall— |
(a) invite representations from the parties (where present) on whether or not the Respondent should be provisionally suspended;
(b) take any representations received into account before deciding whether or not to provisionally suspend;
(c) deliberate in private; and
(d) announce its decision in the presence of the parties (where present), and shall give reasons for its decision.
| (3) |
Notwithstanding the decision on provisional temporary suspension set out in sub-regulation (2), the Impairment Committee may allow the parties to make additional submissions. |
| (4) |
If the Impairment Committee after holding the enquiry finds the Respondent unfit for practice as referred to in section 51(1) of the Act, the Impairment Committee may— |
| (a) |
allow the Respondent to continue practising the profession and in the case of a Iearner to continue with the education programme under such conditions as it may deem fit; |
| (b) |
remove the Respondent's name from the register; or |
| (c) |
invoke Section 49 of the Act, with the necessary changes, in respect of a practitioner suspended in terms of these regulations. |
(5) If conditions or limitations to practise are imposed on a Respondent—
| (a) |
the supervisor or therapist must submit regular reports to the Impairment Committee to determine whether there is compliance with the stated conditions or limitations; |
| (b) |
such conditions or limitations must be reviewed by the Impairment Committee at least once every six months until the Impairment Committee decides on whether the Respondent is fit to be practice. |
| (6) |
The Impairment Committee must report its finding, the penalty imposed to the Council. |
| (7) |
The Respondent must be informed of his or her right to appeal against the finding of the Impairment Committee to the Appeal Committee established in terms of section 57(1) of the Act. |
Older Persons Act, 2006
