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iScript Medical Provider Agreement · Version 3.0 · Effective 1 April 2026
Governing law: Republic of South Africa · LRA · BCEA · HPCSA · POPIA · ECTA · NHA
Regulatory Context — April 2026
This Agreement reflects the HPCSA November 2023 Ethical Rule amendments, Booklet 20 AI guidelines (Nov 2025), Final Health Data Regulations (Mar 2026), SARS provisional tax updates (2026/27), VAT threshold increase to R2.3M (1 Apr 2026), and pending NHI Constitutional Court proceedings (May 2026).
1.1 This Independent Contractor Agreement ("Agreement") is entered into between Dr. Chomba & Associates, Inc (BHF Practice No. 0558419), trading as iScript ("iScript", "the Practice", "the Platform"), and the registered healthcare professional ("Provider", "Practitioner", "you") who has completed the iScript onboarding process. 1.2 INDEPENDENT CONTRACTOR STATUS: You are engaged as an independent contractor — not an employee, worker, or agent of iScript. This Agreement is structured to comply with the Labour Relations Act 66 of 1995 (Section 200A), the Basic Conditions of Employment Act 75 of 1997 (Section 83A), and SARS Interpretation Note 17 (Issue 5). The following provisions are essential to maintain your independent contractor status: (a) iScript does not control or direct your clinical methodology, diagnostic approach, or treatment decisions — only the technology interface is provided; (b) You set your own availability windows and consultation schedules at your sole discretion; (c) You are not organisationally integrated into iScript — you do not appear on iScript's organogram and are not required to attend staff meetings; (d) You are explicitly permitted and encouraged to simultaneously work for other platforms, practices, or clients; (e) You provide your own equipment, professional indemnity insurance, HPCSA registration, and internet connectivity; (f) Your earnings are per consultation delivered — not a fixed salary; (g) You may arrange locum coverage consistent with HPCSA ethical rules (right of substitution); (h) You are not economically dependent on iScript as a sole income source; (i) You work from your own premises — this is material for SARS IN17 purposes. 1.3 No BCEA provisions (paid annual leave, sick leave, overtime) apply to this relationship. The inclusion of any such provision would be inconsistent with independent contractor status. 1.4 EARNINGS THRESHOLD: The current LRA Section 200A earnings threshold is R261,748.45 per annum (effective 1 April 2025). Most practitioners earn above this threshold, however the seven LRA factors are treated as persuasive even for above-threshold earners per Denel (Pty) Ltd v Gerber [2005] 9 BLLR 849 (LAC), and this Agreement is structured accordingly.
2.1 You confirm and warrant throughout the duration of this Agreement that you are registered with the HPCSA in good standing, that your registration remains current, and that you will practise exclusively within your registered scope. 2.2 INFORMED CONSENT (HPCSA Booklet 10, Section 5.7): Before each consultation you must obtain documented consent (written or recorded orally) capturing all nine required elements: (a) identities of patient and practitioner; (b) patient agreement that you determine whether the condition suits telehealth; (c) your practice number; (d) types of transmissions consented to; (e) security measures including encryption; (f) material risks to confidentiality; (g) secure storage of recordings; (h) encryption of stored information; (i) express consent to transmission of personal medical information. A copy must be retained in the patient record. 2.3 CONSULTATION STANDARDS (Booklet 10, Section 5.5(b)): Treatment — including issuing any prescription — based solely on an online questionnaire does NOT constitute an acceptable standard of care. You must obtain a relevant clinical history sufficient to diagnose underlying conditions and contraindications before prescribing. The same standard of care as face-to-face consultations applies at all times. 2.4 RECORD-KEEPING (Booklet 10, Section 5.9): Patient records must include copies of all patient-practitioner electronic communications, prescriptions, laboratory results, evaluations, records of past care, instructions produced via telehealth, and records of informed consent. All records must comply with HPCSA Booklet 9. 2.5 TECHNOLOGY: You will not use social media platforms (including WhatsApp) for clinical telehealth services. All transmissions and storage occur only with full patient knowledge and approval. 2.6 ABSOLUTE RESTRICTIONS: (a) You may not render professional services exclusively through telehealth (Booklet 10, Section 3.8) — you must maintain face-to-face practice capacity; (b) You must verify the identity and location of both yourself and the patient before each consultation (Section 5.6). 2.7 You will immediately notify iScript of any limitation, suspension, inquiry, or revocation of your HPCSA registration.
3.1 HPCSA Booklet 20 (Ethical Guidelines on the Use of Artificial Intelligence), effective 20 November 2025, is binding on your use of iScript's AI assessment and clinical decision-support tools. 3.2 DISCLOSURE: You must inform every patient when AI tools are used in their care. AI-derived outputs or recommendations must be clearly labelled in patient records and audit workflows. 3.3 PATIENT AUTONOMY: Patients who decline the use of AI may not be disadvantaged or refused access to health services. You must offer a non-AI clinical pathway to any patient who declines AI involvement. This is a mandatory HPCSA requirement. 3.4 PRACTITIONER ACCOUNTABILITY: AI is a tool — never a substitute for clinical judgement. You remain ultimately responsible for assessing the patient, interpreting any AI output, and making and documenting the final clinical decision. Clinical records must explain how AI outputs were weighed and how final decisions were reached. If an AI tool misclassifies a condition and you rely on it uncritically, you remain professionally and legally accountable. 3.5 VALIDATION: You must only rely on AI tools that have been validated for reliability and cultural appropriateness in the South African context. You must not use informal or unrecognised AI tools for clinical purposes. 3.6 SAHPRA COMPLIANCE: Clinical AI tools classified as Class C or D risk devices under SAHPRA's AI/ML Medical Device Regulatory Requirements (26 September 2025) require SAHPRA authorisation. iScript will notify you of the regulatory classification of each tool made available on the platform. 3.7 By using iScript's AI tools, you covenant to: (a) disclose AI use to every patient; (b) document AI involvement and any clinical override rationale in patient records; (c) never substitute AI output for independent clinical judgement; (d) offer non-AI alternatives when requested; (e) report any AI tool errors or anomalies to iScript immediately; (f) acknowledge that clinical liability remains with you regardless of AI involvement.
4.1 OPERATOR STATUS: When you process patient health data on the iScript platform, you act as an "operator" as defined in POPIA Section 1 — processing personal information for iScript (as responsible party) under this written contract, in accordance with POPIA Section 21(1). 4.2 SECURITY OBLIGATIONS (POPIA Section 19): You must establish and maintain appropriate, reasonable technical and organisational measures to prevent loss, damage, unauthorised destruction, or unlawful access to personal information. 4.3 PROCESSING LIMITATIONS (POPIA Section 20): You must process personal information only with iScript's knowledge or authorisation, and treat all patient information as strictly confidential. Information may not be disclosed except as required by law or in proper performance of your duties. 4.4 BREACH NOTIFICATION: You must immediately notify iScript where there are reasonable grounds to believe patient personal information has been accessed by an unauthorised person (POPIA Section 21(2)). 4.5 HEALTH DATA — SPECIAL PERSONAL INFORMATION (POPIA Sections 26 & 32): Patient health information is special personal information. Processing is authorised under Section 32(1)(a) (medical professionals may process health data necessary for proper treatment and care). This processing occurs under your duty of confidentiality as imposed by HPCSA ethical rules and this Agreement. 4.6 CROSS-BORDER TRANSFERS (POPIA Section 72): If patient data transits through cloud infrastructure outside South Africa, transfer is only permitted where adequate protection exists or patient consent has been obtained. Special personal information requires prior Information Regulator authorisation (Section 57(1)(d)) where adequate protection cannot be confirmed. 4.7 PENALTIES: Non-compliance carries administrative fines up to R10 million (Section 109), criminal penalties up to 10 years' imprisonment for serious offences (Section 107), and civil damages claims from affected patients (Section 99). The Information Regulator issued its first R5 million fine in 2023 and is actively escalating enforcement. 4.8 The Final Health Data Regulations (Government Gazette No. 54268, 6 March 2026) are effective immediately and reinforce these obligations. 4.9 Upon termination of this Agreement, you must return or destroy all patient data held outside the iScript platform in accordance with instructions provided by iScript.
5.1 iScript operates as a multidisciplinary group practice under BHF Group Practice No. 0558419 pursuant to the HPCSA's November 2023 amendment to Ethical Rule 8(5), which for the first time permitted practitioners across different specialties to practise in partnership, association, or as a juristic person where the arrangement enhances quality, contains costs, and improves access. 5.2 You must maintain your own individual BHF Practice Number (PR Number) in addition to operating under the iScript group practice number. All medical aid claims must include both your individual PR number and the iScript group practice number per Medical Schemes Act Regulation 5(e). 5.3 You are responsible for keeping your own HPCSA registration fees current and your registration with the relevant statutory council (HPCSA, AHPCSA, or other applicable council) in good standing. 5.4 The HPCSA's rescission of Rule 18 (which governed engagement of practitioners by non-registered entities) creates regulatory uncertainty. iScript monitors this position and will update this Agreement upon any formal HPCSA clarification. Previous practice arrangements entered into in good faith remain effective.
6.1 FEE MODEL: The platform service fee charged by iScript is structured to comply with HPCSA Ethical Rule 7 (Booklet 2) and the HPCSA Business Practice Policy (26 October 2016). The services comprising the fee include: technology infrastructure, scheduling systems, billing administration, POPIA compliance systems, AI clinical tools, record-keeping infrastructure, and quality governance. The fee is benchmarked to be market-related for comparable platform services, and no portion constitutes payment for patient referrals or incentives for over-servicing. 6.2 CURRENT FEE ARRANGEMENT: iScript charges a platform service fee of 20% of each consultation fee. You, the Practitioner, retain 80% of each consultation fee as your clinical earnings. This percentage-based structure reflects the administrative and technology services rendered by iScript in relation to each consultation delivered, and is consistent with the HPCSA November 2023 Rule 8(5) multidisciplinary group practice framework which permits cost-sharing arrangements structured to enhance quality, contain costs, and improve access to healthcare. 6.3 Clinical independence: iScript does not and shall not interfere with your clinical decisions. Any instruction that purports to direct your clinical methodology is without legal effect. 6.4 Payment cycle: Your earnings will be paid by EFT on the 25th of each calendar month, subject to a minimum payout balance of R500. You will receive monthly statements for your provisional tax and VAT records. 6.5 Future fee changes require a minimum of 30 days' written notice.
7.1 Professional indemnity (PI) cover is mandatory for all HPCSA-registered practitioners in private practice under the Health Professions Act 56 of 1974. Without valid PI cover you are not legally permitted to practise and must immediately suspend your iScript consultations. 7.2 MINIMUM COVER LEVELS by specialty: • General Practitioners: minimum R10 million (R20 million increasingly standard) • Psychiatrists, Dermatologists: minimum R10–20 million • Psychologists, Dietitians: minimum R1–10 million • Gynaecologists (with obstetrics): minimum R30–50 million 7.3 RECOGNISED PROVIDERS include: Medical Protection Society (MPS) — which explicitly covers telehealth under standard membership; PPS Health Professions Indemnity; EthiQal; Genoa Underwriting Managers; iTOO Special Risks (requires a telehealth annexure); and SAMDAF. 7.4 You covenant to: (a) maintain valid PI cover throughout this engagement at the minimum level for your specialty; (b) provide proof of cover before commencing work and upon each renewal; (c) notify iScript immediately if cover lapses or is materially reduced; (d) ensure your policy explicitly extends to telehealth/virtual consultations; (e) maintain run-off/tail cover for any claims-made policy upon termination of this Agreement. 7.5 iScript's platform insurance (if any) does not substitute for your individual professional indemnity cover.
8.1 PROVISIONAL TAX: As an independent contractor, you are responsible for registering as a provisional taxpayer if your taxable income exceeds R99,000 per annum (2026/27 threshold). Provisional tax payments are due by 31 August (first instalment) and end of February (second instalment), with an optional third payment by 30 September. Interest on late payments accrues at 10.25% per annum from 2 March 2026. 8.2 VAT: From 1 April 2026, compulsory VAT registration is triggered at R2.3 million in annual taxable supplies (doubled from R1 million). Healthcare services are standard-rated — no VAT exemption applies to medical consultation services. You are responsible for managing your own VAT registration, returns, and obligations. iScript will provide monthly earnings statements for your records. 8.3 UIF: UIF does not apply to independent contractors under the Unemployment Insurance Contributions Act 4 of 2002. No UIF contributions are required from either party. 8.4 PAYE: iScript does not act as an employer for PAYE, UIF, or Skills Development Levy (SDL) purposes. You are solely responsible for your income tax returns and provisional tax payments. If the Personal Service Provider (PSP) rules under the Fourth Schedule of the Income Tax Act apply to you (for contractors operating through a company or trust with less than three employees and more than 80% income from one client), PAYE at the 28% company rate may be triggered — you should seek independent tax advice. 8.5 DEDUCTIONS: As a genuine independent contractor, Section 23(m) of the Income Tax Act — which limits employee deductions — does not apply. You may claim the full range of Section 11(a) business deductions: practice room rent, PI insurance, HPCSA fees, CPD costs, equipment depreciation, internet and phone, vehicle costs, and professional subscriptions.
9.1 This Agreement is entered into and valid under the Electronic Communications and Transactions Act 25 of 2002 (ECTA). Per ECTA Section 22(1), an agreement is not without legal force merely because it was concluded by data messages. This Agreement is not excluded by ECTA Schedules 1 or 2. 9.2 An ordinary electronic signature is legally sufficient for this Agreement under ECTA Section 13(3). The Supreme Court of Appeal confirmed in Spring Forest Trading CC v Wilberry (Pty) Ltd [2014] ZASCA 178 that "required by law" means required by statute, not by contract — making an Advanced Electronic Signature unnecessary here. 9.3 By clicking the acceptance button, you: (a) identify yourself and indicate your approval of this Agreement; (b) acknowledge that this method is appropriate for this purpose; (c) agree to accept electronic signatures for all iScript communications. 9.4 This acceptance is recorded with a timestamp and IP address and constitutes a tamper-evident audit trail admissible under ECTA Section 15(4).
10.1 You accept full professional responsibility for every clinical decision made during a consultation on the iScript platform, including consultations preceded by AI-assisted triage. 10.2 AI TRIAGE LIMITATION (HPCSA Booklet 10, Section 5.5(b)): iScript's AI assessment tool generates a clinical briefing to assist you — it is not a diagnosis and does not constitute an acceptable standard of care on its own. You must conduct an independent clinical assessment before any prescribing or treatment decision. 10.3 Emergency protocol: In the event of a medical emergency you must provide the patient with emergency contact information (10177 for ambulance; nearest emergency department) and advise immediate in-person care. You must document the emergency referral in the patient record. 10.4 You will document all consultations in the iScript EMR system in accordance with HPCSA Booklet 9 record-keeping guidelines and Booklet 10 telehealth requirements. 10.5 iScript maintains a clinical governance structure and reserves the right to conduct quality audits. Repeated clinical concerns may result in suspension pending HPCSA referral. 10.6 You will not prescribe Schedule 6 substances via teleconsultation in accordance with HPCSA and South African Pharmacy Council regulations. 10.7 You will cooperate fully with any iScript clinical audit, patient complaint investigation, or HPCSA inquiry.
11.1 NHI STATUS: The National Health Insurance Act was signed in May 2024. Multiple constitutional challenges are pending before the Constitutional Court (hearing scheduled May 2026). President Ramaphosa has undertaken not to promulgate NHI provisions pending judgment. This Agreement will be updated within 90 days of any Constitutional Court ruling that materially affects telehealth platform operations or practitioner engagement structures. 11.2 HPCSA DEVELOPMENTS: This Agreement will be reviewed and updated upon: (a) any HPCSA Business Practice Policy update aligning with the November 2023 Ethical Rule 8 amendments; (b) formal HPCSA clarification on Rule 18 rescission and engagement of practitioners by non-registered entities; (c) any new HPCSA booklet or guideline materially affecting telehealth or AI clinical tools. 11.3 INFORMATION REGULATOR: The Information Regulator is actively escalating enforcement of POPIA. Fines exceeding R10 million have been issued. Both parties undertake to cooperate with any Information Regulator investigation or audit. 11.4 iScript will provide 30 days' written notice of any material amendment to this Agreement arising from regulatory change.
12.1 TERMINATION: Either party may terminate this Agreement with 30 days' written notice. iScript may terminate immediately for: breach of HPCSA obligations; lapse of professional indemnity insurance; patient safety concerns; fraudulent conduct; or POPIA data breach caused by the Practitioner. 12.2 Upon termination: platform access is deactivated; patient records are retained per legal requirements and HPCSA guidelines; pending earnings are paid in the next payment cycle; you must confirm destruction or return of any patient data held outside the platform. 12.3 INTELLECTUAL PROPERTY: All consultation records, AI-generated clinical reports, and platform content created within iScript remain the property of Dr. Chomba & Associates, Inc. Patient records are co-custodied with the patient's right to access under PAIA and POPIA. 12.4 CONFIDENTIALITY: You may not copy, export, or share platform content or patient data outside the platform for any purpose other than direct patient care or as required by law. This obligation survives termination indefinitely. 12.5 LIABILITY: iScript provides the platform as a technology and administration service. iScript is not responsible for clinical decisions made by registered Providers. Each Provider bears individual professional liability for their clinical practice. To the maximum extent permitted by law, iScript's liability is limited to platform fees collected in the month giving rise to any claim. 12.6 GOVERNING LAW: This Agreement is governed by the laws of the Republic of South Africa. Disputes shall be resolved first by internal mediation within 30 days of notice. If unresolved, disputes are subject to the non-exclusive jurisdiction of the South Gauteng High Court (Johannesburg). 12.7 SEVERABILITY: If any provision is found unlawful or unenforceable, the remaining provisions continue in full force.
This agreement is displayed for reference only.
To accept this Independent Contractor Agreement and join the iScript platform, please complete your application at the iScript application portal.
Apply as a Healthcare Practitioner →Acceptance is recorded with timestamp and IP per ECTA Section 15(4) upon application completion.