Rules of conduct, professional practice and patient rights
Rules of conduct
The conduct rules translate professional ethics into enforceable standards. Key duties: obtain informed consent before assessment or treatment; maintain confidentiality; practise only within competence and scope; avoid exploitative dual relationships; keep accurate, contemporaneous records; set fees transparently; and conduct research with ethics approval and consent. Confidentiality yields only to lawful exceptions-risk of serious harm, statutory reporting, court order, or necessary disclosure in supervision-and then only the minimum information needed.
Patient rights and statutory overlays
The National Patients' Rights Charter guarantees access, dignity, information, choice, confidentiality and the right to complain. The Mental Health Care Act 17 of 2002 governs involuntary admission, assisted consent and 72-hour observation. The Children's Act 38 of 2005 sets consent rules for minors. A practitioner cannot rely on a parent's request to override an adolescent's developing autonomy without applying the statutory test and recording the reasoning.
Records
Records must identify the client, date, service, rationale and outcome, stored securely and retained per HPCSA guidance. They can be subpoenaed; they are not the practitioner's private property.
Worked example
A client tells a psychologist he intends to seriously harm his ex-partner. The psychologist first explores intent, immediacy and means, then warns the identified person and/or notifies police as appropriate, discloses only the necessary information, and documents the risk assessment and actions. Reasoning: confidentiality is not absolute; the duty is to manage foreseeable serious risk proportionately, not to disclose the whole file.
Traps
Promising absolute secrecy; sharing full records with a parent or employer when a summary suffices; continuing treatment beyond competence; and believing a signed consent form cures inadequate information.