POSSIBLE CHANGES COMING FOR SOMATOLOGISTS
As you may be aware, The Allied Health Professions Council of South Africa intends to approach the Minister to open a register for Somatology. In this article we intend to share what we know at this stage.
Who is The Allied Health Professions Council of South Africa (AHPCSA)
The Allied Health Professions Council of South Africa is a Statutory Body empowered to regulate and govern twelve professions including: Aromatherapy, Ayvrveda, Chinese Medicine and Acupuncture, Chiropractic, Homeopath, Naturopathy, Osteopathy, Phytotherapy, Therapeutic Aromatherapy, Therapeutic Massage Therapy, Therapeutic Reflexology and Unani-Tibb.
Why do they intend to open a Register for Somatology under the Allied Health Professions Council of South Africa (AHPCSA)?
Recently The Allied Health Professions Council of South Africa was approached by tertiary institutions to include open a register for Somatology.
According to its SAQA Accreditation the Somatology NQF 6 – 10 Qualifications falls under “Health Science and Social Services – Promotive and Curative Health”.
The Risks identified by The Allied Health Professions Council of South Africa include services offered by Somatologist being “invasive and carrying health risks”. Services included in their examples included laser therapies, micro-needling, chemical peels, treatment to damaged capillaries, tattoo removal and palliative care.
It is The Allied Health Professions Council of South Africa’s duty to inform the Minister of Health of any concerns withing their jurisdiction that affects the safety of the public and therefore they intend to inform the minister of the following:
Somatology qualification – healthcare encroaching into AHPCSA professions.
Treatments are invasive and health risks.
Somatology is not statutory – any person can provide treatments to the public without regulations and ethical rules.
Somatologist not registered under a health legislation working with HPCSA members.
Four institutions desire registration with a statutory namely the AHPCSA.
Does the Beauty industry not have a Council or Professional Body already?
The industry does have a Statutory Bargaining Council being the HCSBC, however the Bargaining council is mandated to deal with collective agreements, solve labour disputes, establish various schemes and comment on labour policies and laws. Their mandate differs from that of a Health Professions Council.
The Beauty industry also has a Professional Body which is The South African Association of Health and Skincare Professionals (SAAHSP). However SAAHSP is a voluntary body, not a statutory body, and registration is not mandatory.
The Allied Health Professions Council of South Africa is a Statutory Body and therefore should a professional register be opened for Somatology, registration will be compulsory.
What changes can be expected if a professional register is opened for Somatologists?
COMPULSORY REGISTRATION
As mentioned, The Allied Health Professions Council of South Africa is a Statutory Body and therefore should a professional register be opened for Somatology, registration will be compulsory in order to practice within the profession of a Somatologist.
Requirement for registration can be found below.
Requirements for registration include a current Level One First Aid Certificate.
FEES
Registration and annual fees will be payable. The following fees have been extracted from the AHPCSA website. At the time of this communication, there was no indication on their website what the fees for 2025 would be.
2024 Fees |
|
Application fee for registration in whichever practitioner or therapist category
| R2750 |
AHPCSA examination fee | R5000 |
Application and registration fee for fist year students | R680 |
Annual student registration fee for years subsequent to the first year | R680 |
Fee for late registration as student | R4500 |
Annual registration fee in respect of one profession | R2735 (plus interest on late payment) |
Annual registration fee in respect of two professions | R5400 (plus interest on late payment) |
Annual registration fee in respect of two professions | R8200 (plus interest on late payment) |
REGULATIONS
The regulations, Acts and Code of Ethics that will be applicable to the Somatology profession are available on the website: https://ahpcsa.co.za/legislation/
Notable clauses have been included below however you are encouraged to read the regulations for comprehensive detail:
CANVASSING OR TOUTING FOR PATIENTS
“Canvassing or touting for patients in whatever manner shall be prohibited.”
USE OF NAMES
Descriptive trade names for the practices may not be used.
The use of an expression for a practice or building name such as “hospital”, “clinic” or “institute” or any other special term which could create the impression that a practice is, or forms part of, or is in association with a hospital, clinic or similar institution, may not be used.
“A practitioner may not use as a name for a private practice –
(a) any name or expression, except the name of the practitioner or where practitioners practice in partnership or as a juristic person, the names of such practitioners; or
(b) the expression “hospital” or “ medical clinic” or any other special term in a way that could create the perception that such a practice forms a part of, or is in association with, a medical hospital, medical clinic or similar institution.”
ADVERTISMENT
Advertising services in a manner which contravenes the provisions as stipulated in the HPCSA Guidelines For Making Professional Services Known [Section 5] or acquiescing to, permitting, or sanctioning such advertising is prohibited.
Practitioners may communicate with their patients with whom they hold a bona fide practitioner-patient relationship via practice notices, including newsletters, but such communications may not be distributed to the public at large, except with the explicit permission of the patient only.
Only one outside sign may be used, except in the case of a large complex with more than one entrance where a sign may be placed at each entrance. The sign should be placed on the premises where the practice is situated, or, at most, at the street corner closest to the premises.
Signs and name-plates may not be larger than 360mm X 250mm
The Regulations provide that a practitioner may only display a sign on the premises of the practice which sign may state the following:
Name
Profession
Registered qualifications in abbreviated form
Awards and honorary degrees in abbreviated form
Addresses, telephone and fax numbers, e-mail address
Hours of consultation
AHPCSA registration number
BHF practice number
As well as your VAT registration number (if applicable)
You may not advertise non-registered qualifications together with registered qualifications, and you may not make unlawful health or curative claims of any kind.
EMPLOYMENT AND PARTNERSHIPS
Employing or being employed by a non-registered professional is prohibited.
“Subject to the provisions of subregulation (2) a practitioner, in the pursuance of his or her profession, may not enter into a partnership or, where any partnership exists at the commencement of the regulations, maintain that partnership, with a person who is not registered - (a) as a practitioner under the Act; or (b) (c) as a medical practitioner in terms of the Health Professions Act, 1974; or in terms of the Health Professions Act, 1974, in respect of a supplementary health service profession which is approved by the professional board as an acceptable profession for the purposes of a partnership.
Subregulation (1) shall not be construed to prevent a practitioner from employing a person practising a profession to which the provisions of the - (a) Pharmacy Act, 1974; (b) (c) Health Professions Act, 1974; or Nursing Act, 1978 apply, or maintaining that employment or co-operation with such person.
A registered person may not employ - (a) as a professional assistant or locum tenens any person who is not registered in terms of the Act; (b) (c) a person whose name has been removed from any register kept by the council in terms of the Act or who has been suspended from practising his or her profession; or any other unregistered health service person or refer patients to such unregistered person.
SHARED PREMISIS
Registered practitioners may not work with or share premises with non-registered persons/practitioners. Meaning Somatologists will not be allowed to share a premises with Hairdressers, beauty therapists, personal trainers, etc.
CONSULTING ROOMS
“The consulting rooms of a practitioner shall consist of –
(a) at least two separate rooms, one of which is used for consultation with and the examination and treatment of patients, and the other, a room easily accessible from the first room, for a reception and waiting room providing sufficient seating for patients; and
(b) a changing cubicle or screen where a patient, if so required, may undress and dress in privacy.
The consulting rooms must have accessible ablution facilities.
If any part of a residence is used as consulting rooms, such part shall be used exclusively as consulting rooms and shall be accessible from the outside without necessitating the patient’s entering such part through the residence.
In the case of therapeutic aromatherapy, therapeutic massage therapy and therapeutic reflexology, a practitioner registered in that profession shall be afforded a period of five years from the date of establishment of the register to comply with subregulations (1), (2) and (3), and when a treatment is carried out on site the facilities shall be commensurate with the community environment.
SERVICES
As a registered practitioner, practicing a non-registered professions is prohibited.
PROHIBITION OF RETAIL SALES AND COMMISSION AGREEMENTS -
The following acts, among others, are not permitted:
The acceptance by a practitioner of commission from a person or another practitioner in return for the purchase, sale or supply of any goods, substances or materials used by him or her in the conduct of his or her professional practice.
Paying commission to any person for recommending patients.
Sharing fees with any person or practitioner who has not taken a commensurate part in the services for which the fees are charged.
“A practitioner in active practice may not:
(a) accept request or insist on any commission, remuneration, pecuniary or otherwise, from a pharmacy, health shop, manufacturer or dealer in medicines, remedies or any equipment, apparatus, instruments, appliances or material used in the course of his or her practice or prescribed for patients;
(b) pay, give or accept any commission or remuneration, pecuniary or otherwise, to any person for the recommendation of patients;
(c) share any fees charged for a service with any person other than a partner unless such sharing is commensurate with the scope of such other person’s participation in the rendering of such service;
(d) have financial interest, whether by way of fixed salary or otherwise, in medical aid schemes, institutions or associations which canvass members by way of advertisement;
(e) act as an agent or representative or in any capacity whatsoever market or sell a product, device or thing whether such sale or promotion is for his or her own account or the account of another person or company or receive any commission or remuneration, pecuniary or otherwise;
(f) use or allow his or her name to be used in an advertisement or in the promotion or sale of any product, medicine, device or thing from another person or company; or in any way provide anything from his or her practice premises by means of sale or otherwise to any person with whom he or she has not had a recorded consultation: Provided that the professional board concerned may, after a substantiated application has been received from a registered practitioner, at its discretion, approve such provision.”
CODE OF ETHICS
“The professional boards shall draw up a code of ethics for each profession and such code shall be binding on all practitioners registered in the profession concerned in terms of the Act.”
When will the decision be taken?
The Allied Health Professions Council of South Africa has indicated that they are ready to make a submission to the Minister of Health however we are not aware of the intended date of submission.
Concerns and objections can be lodged with the Registrar of The Allied Health Professions Council of South Africa:
MS E PILLAY-NAIDOO, REGISTRAR
However, ultimately it is the Minister of Health that decides whether or not to open a Register for Somatology under the Allied Health Professions Council of South Africa (AHPCSA).
If this decision is likely to affect the way you conduct business within the industry we encourage you to participate in the discussion and engagements currently taking place.
