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| Library - Certificate of fitness |
Dear SASOHN members
In September 2009 the SASOHN Executive obtained a legal opinion from a prominent law firm, Werksmans Inc., with regards to the signing of the certificate of fitness by the OHNP. This action was taken as OHNPs were found to be signing off medical certificates of fitness in instances where legislation requires an OMP to perform this funtion. The legal opinion was published as a position paper which was circulated to all OHNP’s, OMP’s and other relevant role players. Since then there has been a great deal of confusion amongst OHNP’s and OMP’s regarding the role of the OHNP in assessments of an employee’s fitness to work and I would like to make the following clear:
- The objective of the position paper was to inform SASOHN members that where legislation requires an OMP to issue a certificate of fitness, it can’t be done by the OHNP and if any claim should arise where an OHNP issued a certificate of fitness where legislation expressly states that an OMP must do it, SASOHN’s indemnity insurance will not cover the OHNP.
- Since the publishing of the position paper there have been conflicting opinions circulating regarding the Nursing Scope of Practise and the role of the OHNP in this process. These conflicting opinions have caused much confusion for most stakeholders and this prompted the executive committee to take a further step in clarifying the matter. Karen Michell and myself met again with the lawyers and asked them to write a letter of clarification for stakeholders. The lawyers have presented a professional opinion on the matter with due consideration of both the Nursing Act and the Health Professions Act. This document is attached for SASOHN members to note as it has been circulated to SASOM.
- It is important that members note that these documents were drawn up by professional lawyers.
- Do not hesitate to contact Karen or myself should you require any further assistance.
Kind Regards
Sonja Kruger
SASOHN Educational Rep/ Past President
Click here to download 2011 UPDATED INFORMATION ON CERTIFICATE OF FITNESS
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