Free Compliance Evaluation

How Compliant Is
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Answer 50 questions across 8 compliance modules. Receive your personalised compliance score and gap report by email — free, within minutes.

50 Questions
8 Compliance Modules
15 min To Complete
Free No Obligation
Practice Information Section 1 of 8
About Your Practice
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POPIA & Patient Data Privacy
The Protection of Personal Information Act applies to every practice that holds patient data. Fines for non-compliance can reach R10 million plus criminal prosecution.
The IO must be a named, designated person — not just implied. Under POPIA, every organisation processing personal information must have a registered IO.
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This must be a documented policy — not just verbal understanding. It should reference POPIA specifically and be accessible to patients.
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POPIA requires documented consent for data processing. Clinical consent alone is insufficient — data consent must be explicitly captured.
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POPIA requires breach notification to the Information Regulator within a reasonable time. Without a documented plan, a breach becomes a regulatory emergency with no roadmap.
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POPIA compliance cannot have a single point of failure. A Deputy IO ensures continuity of data governance when the principal is unavailable.
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HPCSA Professional Compliance
The Health Professions Council of South Africa governs professional conduct, advertising, CPD, and record-keeping. Non-compliance can result in suspension from practice.
Both the practice registration and the principal dentist's individual registration must be current. Lapsed registration constitutes illegal practice.
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The HPCSA Ethical Rules require practices to have a formal complaints process. An undocumented process leaves the practice exposed at HPCSA hearings.
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The HPCSA requires a minimum of 30 CPD points per two-year cycle. Without a formal tracking log, practitioners cannot demonstrate compliance during audits or investigations.
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HPCSA Ethical Rule 15 strictly regulates how healthcare professionals may advertise. Non-compliant advertising — including social media posts — is a common source of HPCSA complaints.
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The HPCSA requires patient records to be retained for a minimum of 6 years (longer for minors). Poor record-keeping is one of the most common findings in HPCSA disciplinary hearings.
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Occupational Health & Safety Act
The OHS Act imposes personal liability on the principal dentist as employer. Non-compliance carries fines of R100,000 and up to 2 years imprisonment for the responsible person.
Section 7 of the OHS Act requires every employer with more than 5 employees to have a documented H&S policy. Even practices with fewer staff are strongly advised to maintain one.
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The OHS Act requires a designated H&S Representative in any workplace with 20 or more employees, but formal appointment is best practice for all practices and demonstrates due diligence.
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Dental practices have the highest infection exposure of any healthcare setting. A documented infection control policy is required under both the OHS Act and the National Health Act.
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The disposal of sharps, biological waste, and amalgam is regulated under the National Environmental Management: Waste Act. Incorrect disposal is a criminal offence.
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The OHS Act requires documented emergency procedures. Every staff member must know the assembly point and emergency contact numbers. This is routinely checked during Department of Labour inspections.
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COIDA registration is a legal obligation for all employers in South Africa. Failure to register and pay assessments means the employer bears personal financial liability for any workplace injury claim.
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The OHS Act requires employers to identify, assess, and mitigate all workplace risks. A dental practice faces unique hazards: chemical exposure, sharps, radiation, biological agents, and ergonomic risks. These must be formally documented.
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Needlestick injuries are the highest-risk occupational hazard in a dental setting. Without a documented post-exposure protocol, staff face unnecessary health risk and the practice faces significant liability.
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Employment Law
The BCEA, LRA, and Employment Equity Act govern every employer-employee relationship. An unfair dismissal CCMA award can reach R1.2 million — equivalent to 12 months of salary for a specialist.
The BCEA requires written particulars of employment for every employee. A verbal or informal arrangement provides no protection at the CCMA. This is the single most common employment law exposure for small practices.
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The LRA requires fair disciplinary processes. Without a written procedure that staff have acknowledged, any disciplinary action — however justified — is vulnerable to challenge at the CCMA as procedurally unfair.
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The BCEA sets statutory minimums for all leave types. Without a written policy, disputes over leave entitlement are resolved against the employer by default. This is a frequent CCMA claim category.
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The Employment Equity Act and the Code of Good Practice on the Handling of Sexual Harassment Cases require employers to actively prevent and address harassment. Absence of a policy is itself a finding of non-compliance.
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Every employer paying staff above the tax threshold must be registered for PAYE. UIF registration and monthly contributions are compulsory for all employers regardless of salary level. Non-compliance attracts penalties and interest.
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Radiation Safety & NNR Compliance
The National Nuclear Regulator governs all ionising radiation in dental practices. Non-compliance can result in the suspension of x-ray equipment — shutting the practice down entirely.
This determines whether the NNR radiation safety questions apply to your practice. Practices without any x-ray equipment are exempt from NNR requirements.
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Every piece of ionising radiation equipment must be individually registered with the NNR. Expired or missing certificates are grounds for immediate equipment suspension — the practice cannot legally take x-rays without them.
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NNR Regulations require every practice using ionising radiation to appoint a designated Radiation Protection Officer. This person is responsible for radiation safety compliance and is the NNR's point of contact for the practice.
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NNR Regulations require documented radiation safety procedures covering protective equipment, dosimetry, patient shielding, and equipment maintenance schedules. These must be accessible to all staff who operate or work near x-ray equipment.
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NNR Regulations require regular safety audits and incident reporting. A practice that cannot demonstrate an audit trail of radiation safety monitoring will fail an NNR inspection.
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Wall and door shielding in x-ray areas must be verified to meet NNR specifications. Many practices have never had shielding formally tested — this is one of the most common NNR compliance failures identified during inspections.
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Infection Control & Clinical Safety
The OHSC General Practice Inspection Tool specifically inspects infection control, sterilisation, waste management, and clinical safety equipment. These are among the most common inspection failures in dental practices.
The OHSC requires a documented sterilisation protocol covering pre-cleaning, ultrasonic cleaning, packaging, autoclave operation, validation, and storage. An autoclave validation log must be maintained and available for inspection.
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The OHSC GP Inspection Tool Draft 5 (October 2024) requires an AED with current pads, a cardiac resuscitation board, and a documented monthly inspection log. An AED without inspection records fails this requirement — even if the device is present and functional.
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The OHSC GP Inspection Tool Draft 5 requires a dedicated medicine fridge and twice-daily temperature logs from the preceding month to be available during inspection. This is one of the most frequently failed items — practices either have no dedicated fridge, or have no logs.
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The National Environmental Management: Waste Act 59 of 2008 requires all healthcare waste — sharps, biological waste, amalgam, and chemical waste — to be collected by a licensed contractor. The practice must retain a copy of every waste manifest for a minimum of 5 years.
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The OHSC GP Inspection Tool Draft 5 (October 2024) requires patient satisfaction survey results from the preceding 12 months to be available for inspection and displayed in the waiting area. Without this, the practice fails this domain of the OHSC assessment.
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Business & Statutory Compliance
CIPC, SARS, B-BBEE, municipal compliance and NHI accreditation readiness. These obligations apply to every practice registered as a company — and most dentists are unaware of several of them.
All companies registered with CIPC must file annual returns within 30 business days of their anniversary date. Failure to file results in deregistration — the company loses its legal existence and all contracts entered into by the company become void.
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Municipal and local authority compliance requirements include a Certificate of Occupancy confirming the premises are approved for healthcare use, a current fire safety certificate, and an electrical Certificate of Compliance. Many practices operate without one or more of these — which constitutes an illegal occupation of the premises.
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Any practice with an annual turnover below R10 million qualifies as an Exempted Micro Enterprise under the B-BBEE Act and may obtain a sworn EME affidavit from a commissioner of oaths — no audit required. This affidavit is required for NHI contracting and certain medical aid panel applications.
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Under Section 39(2)(b) of the National Health Insurance Act 20 of 2023, private healthcare providers who wish to contract with the NHI Fund must be certified by the OHSC. Without OHSC certification, the practice cannot access NHI patients. Practices that start compliance preparation now will be positioned ahead of the deadline.
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HPCSA Ethical Rule 10 requires practitioners to maintain adequate professional indemnity cover. For practices with associates, each associate's individual PI cover must be verified and documented annually. Without it, a single patient claim could result in personal financial ruin.
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Patient Safety & Clinical Governance
The OHSC General Practice Inspection Tool evaluates clinical governance, patient safety protocols, incident management, and informed consent. These standards underpin NHI accreditation and HPCSA ethical compliance.
The OHSC General Practice Inspection Tool specifically requires evidence of a clinical incident register. Failure to maintain one is an automatic inspection failure and can constitute negligence in civil claims.
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NHA Section 6 and HPCSA Guidelines require practices to have a complaints procedure in place. Unresolved complaints without a documented process are the leading trigger for HPCSA disciplinary referrals.
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NHA Section 6 requires valid informed consent before any treatment. The consent form must describe the procedure, risks, alternatives, and consequences of refusal. Verbal consent alone is insufficient and will fail an OHSC inspection.
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OHSC accreditation standards require a formal adverse event management policy. Without documented root cause analysis, a single serious incident can result in enforcement notice, practice suspension, and personal liability for the principal practitioner.
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OHSC inspectors physically verify emergency equipment. An expired emergency drug kit or non-functional AED results in automatic enforcement action. All checks must be logged with dates and responsible staff member signatures.
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HPCSA Guidelines and OHSC standards require BLS competency for all clinicians. BLS certificates must be current (typically renewed every 2 years). The emergency response plan must be posted visibly in every treatment room.
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Clinical governance is a core NHI accreditation requirement under the OHSC standards. A framework that is not reviewed annually is treated by inspectors as non-existent — it must include evidence of actual review meetings and any corrective actions taken.
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Undocumented medication practices are a frequent OHSC and South African Pharmacy Council finding. Controlled substances require a locked storage register with dispensing records. A single expired drug found during inspection can result in immediate enforcement notice.
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OHSC accreditation requires evidence of ongoing clinical quality measurement. Practices seeking NHI contracting must demonstrate measurable quality outcomes. Without documented indicators, the practice cannot demonstrate improvement over time to regulators.
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NHA Section 6 is a statutory obligation. Patient rights must be communicated in writing in a language the patient understands. OHSC inspectors look for evidence of a patient rights notice displayed in the waiting area and included in new-patient documentation.
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A documented medical history review is a fundamental HPCSA ethical obligation and core OHSC inspection criterion. Failure to identify contraindications through proper history-taking is the most common basis for negligence claims against dental practitioners in South Africa.
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