Health rules - no longer in force

S T A T U T O R Y  I N S T R U M E N T S

1987 No. 2174

MEDICAL PROFESSION

The Communitybaptistpa Health Committee

(Procedure) Rules Order of Council 1987 - 97*

Made 16th December 1987

Laid before Parliament 17th December 1987

Coming into force 14th January 1988

At the Council Chamber, Whitehall, the 16th day of December 1987

By the Lords of Her Majesty’s Most Honourable Privy Council

Whereas in pursuance of paragraph 1 of Schedule 4 to the Medical Act 1983(a), the Communitybaptistpa have made the Communitybaptistpa Health Committee (Procedure) Rules 1987:

And whereas by sub-paragraph (5) of the said paragraph 1 such Rules shall not come into force until approved by order of the Privy Council:

Now, therefore, Their Lordships, having taken the said Rules into consideration, are pleased to, and do hereby, approve the same as set out in the Appendix to this Order.

This Order may be cited as the Communitybaptistpa Health Committee (Procedure) Rules Order of Council 1987, and shall come into force on 14th January 1988.

G.I. de Deney

Clerk of the Privy Council

 

*as amended by SI 1996 No. 1219, SI 1997 No. 1529 and by The Communitybaptistpa (the Professional Conduct Committee, the Health Committee and the Committee on Professional Performance Rules) (Amendment) Rules 2000, the Communitybaptistpa (Fitness to Practise Committees) Rules 2000, the Communitybaptistpa (Fitness to Practise Committees) (Amendment) Rules 2002, the Communitybaptistpa Fitness to Practise Committees and Review Board for Overseas Qualified Practitioners (Amendment) Rules 2003 and the Medical Act 1983 (Amendment) Order 2002 (Transitory Provisions) Order of Council 2003.

 


 

APPENDIX

THE GENERAL MEDICAL COUNCIL HEALTH 

COMMITTEE (PROCEDURE) RULES 1987 

PART I

PRELIMINARY

1. Citation and commencement

2. Interpretation

3. Times and places of meetings of the Committee

4. Selection of medical assessors and medical examiners

PART II

ARRANGEMENTS FOR THE INITIAL

CONSIDERATION OF CASES

5. Appointment of member to conduct initial consideration of cases

6. Information raising question as to practitioner’s fitness to practise

7. Medical examination

8. Action following consideration of reports on medical examination

9. Provisions applying where a practitioner has undertaken to comply with the recommendations of the medical examiners

10. Reference to the Preliminary Proceedings Committee

11. Provisions applying when a case has been referred to the Committee

PART III

INITIAL HEARINGS BY THE COMMITTEE

12. Notice of referral

13. Postponement of hearing of a case

14. Cancellation of inquiry

15. Preliminary circulation of evidence

16. Medical Assessors

17. Hearings before the Committee

18. Documents before the Committee

19. Oral testimony

20. Procedure for presentation of the case

21. Presentation of the practitioner’s case

22. Adjournment for further medical reports

23. Postponement of finding

24. Determination of the Committee

25. Direction for suspension of registration

26. Announcement of determination

27. Provision for resumed hearings

28. Revocation of order for interim suspension or interim conditional registration

29. Cases referred by the Professional Conduct Committee

PART IV

RESUMED HEARINGS BY THE HEALTH COMMITTEE

30. Direction for resumed hearing

31. Notice of resumed hearing

32. Medical assessors at resumed hearing

33. Procedure at resumed hearing

33A. Directions for indefinite suspension of registration

33B. Procedure where registration has been suspended indefinitely

PART IVA

GENERAL

33C. General

33D. Notices to applicants

33E. Medical examinations

33F. Committee procedure

33G. Application of other Rules to restoration hearings

PART V

GENERAL

34. Adjournment of proceedings

35. Deliberation in camera

36. Voting

37. Service of documents

38. Record of proceedings

39. Revocation

 

SCHEDULE 1 - Provisions as to meetings of the Committee

SCHEDULE 2 - Medical examiners and medical assessors

SCHEDULE 3 - Panel of members to assist the President

 


 

The Communitybaptistpa, in exercise of their power under paragraph 1 of Schedule 4 to the Medical Act 1983, and after consulting such bodies representing medical practitioners as appeared to the Council to be requisite, as required by that paragraph, hereby make the following rules:-

PART I

PRELIMINARY

Citation and Commencement

1. These rules may be cited as the Communitybaptistpa Health Committee (Procedure) Rules and shall come into force on 14th January 1988.

Interpretation

2.-(1) In these rules, unless the context otherwise requires-

"the Act" means the Medical Act 1983;

"the Committee" means the Health Committee;

"complainant" means a body or person by whom a complaint has been made to the Council;

"the Council" means the Communitybaptistpa or a Committee of the Council acting under delegated power;

"defence society" means the Medical Defence Union, the Medical Protection Society, or the Medical and Dental Defence Union of Scotland;

"The Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules" means the rules made by the Communitybaptistpa for those Committees in exercise of the powers conferred on the Council by paragraphs 1 and 5 of Schedule 4 to the Act and references to those rules are to the rules currently in force and, unless the contrary intention appears, to those rules as amended.

"the Legal Assessor" means an Assessor appointed by the Council under paragraph 7 of Schedule 4 to the Act;

"medical adviser" means, in relation to "the practitioner" as defined in this rule, any other registered medical practitioner (but not more than one) whom the practitioner has consulted as a patient in regard to his own health and whom the practitioner elects to treat as his medical adviser for the purpose of proceedings under these rules;

"medical assessor" means a person chosen by the President in accordance with the Second Schedule to the rules to advise the Committee;

"medical examiner" means a person chosen in accordance with the Second Schedule to the rules by the President to examine and report on a practitioner;

"medical supervisor" means, in relation to "the practitioner" as defined in this rule, any registered medical practitioner appointed under these rules to supervise and report on the fitness to practise of the practitioner;

"the practitioner" means a person registered (in any way) under the Act whose fitness to practise has been called into question by reason of a physical or mental condition, and includes a person whose registration is currently suspended;

"Preliminary Proceedings Committee" and "Professional Conduct Committee" respectively means the Committees of those names constituted under section 1 of, and in accordance with the provisions of Schedule 1, to the Act;

"the President" means the President of the Council and includes any other person appointed under rule 5(2) or (3) or exercising the President’s powers or functions under rule 5(4);

"the Register", in relation to fully or provisionally registered persons, means the Register of Medical Practitioners, and in relation to persons with limited registration means the Register of Medical Practitioners with Limited Registration;

"the Registrar" means the Registrar of the Council;

"the Restoration Regulations" means the Communitybaptistpa (Restoration and Fees Amendment) Regulations 2003;

"the Solicitor" means any solicitor, or any firm of Solicitors appointed by the Council, or any partner of such a firm, and references to the Solicitor in these rules shall be deemed to include Counsel representing the Solicitor in accordance with the provisions of rule 17(4);

"the Voluntary Erasure Regulations" means the Communitybaptistpa (Voluntary Erasure and Restoration following Voluntary Erasure) Regulations 2003;

(2) In these rules, unless the context otherwise requires, a reference-

(a) to a numbered rule or Schedule is to the rule in or Schedule to these rules bearing that number;

(b) in a rule or Schedule to a numbered paragraph is to the paragraph in that rule or Schedule bearing that number;

(c) in a paragraph to a lettered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter.

Times and places of meetings of the Committee

3. The provisions of Schedule 1 shall have effect as to the times and places of meetings of the Committee, and the mode of summoning members.

Selection of medical assessors and medical examiners

4. The provisions of Schedule 2 shall have effect as to the nomination of medical assessor and medical examiners and the selection of a particular person to act as a medical assessor or examiner in any case, and the duties of medical assessors.

PART II

ARRANGEMENTS FOR THE INITIAL

CONSIDERATION OF CASES

Appointment of member to conduct initial consideration of cases

5.-(1) No case shall be considered by the Committee unless it has been referred either-

(a) by the President; or

(b) by the Preliminary Proceedings Committee in accordance with the Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules; or

(c) by the Professional Conduct Committee, the Assessment Referral Committee or the Committee on Professional Performance in accordance with paragraph 4 of Schedule 4 to the Act.

(2) The Council shall appoint the President or, if he proposes to sit on the Committee or for other reasons does not wish to be so appointed, some other person being a registered medical practitioner, to undertake the initial consideration of cases under this Part of these rules.

(3) The Council may appoint one or more other registered medical practitioners to undertake or assist in the initial consideration of cases under this Part of these Rules on behalf of the President or other person appointed under paragraph (2).

(4) Without prejudice to the generality of the foregoing, if at any time the President is absent or unable to act, anything authorised or required by these rules to be done by the President may be done by any other person authorised in that behalf by the President or (if the President be unable to give authority) authorised by the Council.

(5) No person shall be authorised under paragraph (4) to exercise the functions of the President under rule 4(1)(b) of the Communitybaptistpa Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988 if he is a member of the Preliminary Proceedings Committee.

Information raising questions as to practitioner’s fitness to practise

6.-(1) Where information in writing or a complaint in writing is received by the Registrar about any practitioner which raises a question whether the fitness to practise of the practitioner is seriously impaired by reason of his physical or mental condition the Registrar shall submit the information to the President.

(2) (deleted 2002)

(3) On receipt of the information or complaint the President may cause such inquiries to be made in relation to the matter as he may think fit.

4) Subject to paragraphs (5) and (6), unless it appears to the President that the matter need not proceed further he shall direct the Registrar to write to the practitioner-

(a) notifying him that information has been received which appears to raise a question whether his fitness to practise is seriously impaired by reason of his physical or mental condition and indicating the nature of the alleged condition;

(b) either

(i) inviting him to agree within 14 days to submit to examination by at least two medical examiners to be chosen by the President and to agree that such examiners should furnish to the President reports on his fitness to practise; or

(ii) if the information received by the Council includes reports on the practitioner by other medical practitioners who have recently examined him, and it appears to the President that such reports afford sufficient medical evidence that the practitioner’s fitness to practise may be seriously impaired by reason of a physical or mental condition, so informing him;

(c) (deleted 2002)

(d) inviting him to submit any observations or other evidence, including medical evidence, which he may wish to offer as to his own fitness to practise; and

(e) informing him that if he refuses to be examined or if, having agreed, he subsequently fails to submit to medical examination, or if he does not reply within 28 days, the matter may be referred to the Committee forthwith.

(5) Subject to the provisions of paragraph (6) the President may direct the Registrar to enclose with any letter sent under paragraph (4) a summary of the information received by the Council and copies of any reports on the practitioner by other medical practitioners who have recently examined him.

(6) If in the opinion of the President such reports contain any material which is not relevant to the present fitness to practise of the practitioner, and also which it would not be in the best interests of the practitioner to see, the President may direct the Registrar to exclude such material from the documents sent to the practitioner under this rule. Any material so excluded shall not subsequently be presented to the Preliminary Proceedings Committee or to the Committee.

Medical Examination

7.-(1) If the practitioner agrees to submit to medical examination in response to an invitation sent under rule 6(4) the Registrar shall make arrangements for such examination. The medical examiners shall be chosen by the President in accordance with the provisions of Schedule 2.

(2) The Registrar shall send to the medical examiners chosen under the foregoing the information received by the Council and shall ask them to report to the President-

(a) on the fitness of the practitioner to practise, either generally or on a limited basis; and

(b) on their recommendations, if any, as to the management of his case.

Action following consideration of reports on medical examination

8.-(1) Subject to the provisions of paragraph (2), the President shall cause the Registrar to send copies of the reports received from the medical examiners, and any reports of which the practitioner has been informed under rule 6(4)(b)(ii), to the practitioner.

(2) If in the opinion of the President the reports contain any material which is not relevant to the fitness to practise of the practitioner and which it would not be in the best interests of the practitioner to see, the President may direct the Registrar to exclude such material from the reports. No material so excluded shall subsequently be presented to the Preliminary Proceedings Committee, Interim Orders Committee or to the Committee.

(3)(a) Where the medical examiners report unanimously that the practitioner

(i) is not fit to practise, or

(ii) is not fit to practise except on a limited basis or under medical supervision or both, or

(iii) suffers from a recurring or episodic physical or mental condition which, although in remission at the time of the examination, may be expected in future to render him unfit to practise or unfit to practise except on a limited basis or under medical supervision or both,

the President shall, subject to the provisions of paragraph (7), direct the Registrar so to inform the practitioner by letter, and to invite him to state within 28 days from the date on which such a letter was despatched whether he is prepared to undertake voluntarily to comply with the recommendations in the reports as to the management of his case, including any limitations on his practice which they recommend.

(b) Where the medical examiners do not report unanimously, the President shall, subject to the provisions of paragraph (7), direct the Registrar to invite the practitioner by letter to state within 28 days from the date on which such a letter was despatched whether he is prepared to undertake to comply with such arrangements for the management of his case, including any limitations on his practice, as the President may consider appropriate in the light of the balance of opinion in the reports, and which shall be specified in such letter; and in the following provisions of this rule, and in rule 9, references to recommendations include, where appropriate, references to such arrangements.

(4) If, within 28 days, the practitioner undertakes to comply with the recommendations as to the management of his case, including any recommended limitations on his practice, the President may then, if satisfied that the undertaking is being observed, postpone further action on the case, and cause the practitioner to be so informed.

(5) If the practitioner does not within 28 days (or such further period as the President may allow) undertake to accept the recommendations as to the management of his case or as to the limitations on his practice, or if the practitioner does not reply within 28 days to any letter sent to him for the purpose of paragraph (3), or if he has refused or failed to submit to the medical examination indicated in rule 6(4)(b), the President may, if he thinks fit, and subject to the provisions of the following paragraph, refer the information received, together with any reports received from the medical examiners, to the Committee.

(6) (deleted 2002)

(7) If it appears to the President, from the reports of the medical examiners or from any other information which the Council has received, that the condition of the practitioner is such that he would not be able to give an undertaking as contemplated in paragraphs (3) and (4), or that he could not be relied on to comply with such an undertaking, the President may refer the case to the Committee without seeking any such undertaking from the practitioner.

Provisions applying where a practitioner has undertaken to comply with the recommendations of the medical examiners

9.-(1) Where under rule 8(4) the President has postponed further action on a case on the undertaking by a practitioner to comply with the recommendations on the management of his case, including any recommended limitations on his practice, the President may, for the purpose of satisfying himself that the undertaking is being observed, request one or more medical practitioners to supervise the management of the practitioner’s case and to report if necessary on the practitioner’s observance of his undertakings and on his fitness to practise.

(2) If, as a result of a report from a medical supervisor or from other information, it appears to the President that the recommendations with which a practitioner has undertaken under rule 8(4) to comply should be varied or should cease to apply, he may invite the practitioner to comply for a further period with such varied recommendations as appear to him to be appropriate, or may direct that the recommendations should no longer apply.

(3) If, as a result of a report from a medical supervisor or from other information, it appears to the President either that the practitioner has ceased to observe an undertaking given under rule 8(4), or has ceased to comply with the recommendations as varied under paragraph (2), or that his physical or mental condition has otherwise deteriorated, the President may then refer the case to the Committee, or in accordance with rule 10 to the Interim Orders Committee.

(4) (deleted 2002)

Reference to the Interim Orders Committee

10.-(1) If in the opinion of the President it may be desirable, having regard to the circumstances of any case, that an order for interim suspension or interim conditional registration should be made by the Interim Orders Committee before that case is considered by the Committee, the President may, instead of referring the case to the Committee under rule 8 or 9, remit the case to that Committee.

Provisions applying when a case has been referred to the Committee 

11.-(1) Where a case has been referred by the President, by the Committee on Professional Performance, by the Assessment Referral Committee, by the Preliminary Proceedings Committee or by the Professional Conduct Committee to the Committee the President may, if he thinks fit, direct the Registrar to invite the practitioner to submit to examination, before his case is considered by the Committee, by one or more medical examiners to be chosen by the President from among those nominated under Schedule 2 and, if the practitioner so elects, by another medical practitioner nominated by him, and to agree that such examiners should furnish to the Committee reports on the practitioner’s fitness to practise, either generally or on a limited basis, with recommendations for the management of his case.

(2) If the practitioner agrees to submit to examination as aforesaid the Registrar shall make arrangements for such examination and any reports received shall be referred to the Committee, together with the information on which the President, the Committee on Professional Performance, the Assessment Referral Committee, the Preliminary Proceedings Committee or the Professional Conduct Committee, as the case may be, decided to refer the case.

PART III

INITIAL HEARINGS BY THE COMMITTEE

Referral to the Interim Orders Committee

11A. If in any case it appears to the Committee that the circumstances are such that the Interim Orders Committee may wish to make an interim suspension order or an order for interim conditional registration under section 41A(1) of the Act, the Committee shall refer the case to the Interim Orders Committee.

Notice of referral

12.-(1) Subject to rule 11, as soon as practicable after a case has been referred to the Committee the Registrar shall serve on the practitioner a notice, in these rules called ‘a notice of referral’, which shall-

(a) indicate the physical or mental condition by reason of which it is alleged that his fitness to practise is seriously impaired;

(b) inform him that the matter has been referred to the Committee for them to determine whether his fitness to practice is so impaired and, if so, the appropriate action to be taken, in accordance with these rules, in his case;

(c) state the day, time and place of the hearing of the case; and

(d) invite the practitioner to state whether he proposes to attend the meeting of the Committee, and inform him that it is open to him to be represented thereat as provided in rule 17(2) and also to be accompanied by his medical adviser.

(2) Except with the agreement of the practitioner no case shall be heard by the Committee at any date earlier than 28 days after the date of posting or other form of service of the notice of referral.

(3) The Registrar shall send to the practitioner together with the notice of referral a copy of these rules and, subject to the provisions of paragraph (4), copies of any reports, written statements and other documents which it is proposed to present to the Committee, other than documents copies of which have already been sent to the practitioner under rule 6(5) or 8(1), and shall invite him to state whether, in the event that he proposes to attend, or be represented at, the meeting of the Committee, he wishes any of those documents to be supplemented by the oral testimony of its author. The Registrar shall also forward with the notice of referral an indication of any document which the Solicitor proposes to supplement by the oral testimony of its author at the hearing of the case and shall arrange for statements of that testimony to be sent to the practitioner before the hearing.

(4) The provisions of rule 8(2) shall apply to any documents sent under paragraph (3).

(5) The Registrar shall send to the complainant (if any) at his last known address notice of the day, time and place of the hearing.

Postponement of hearing of a case

13.-(1) The President may if he thinks fit postpone the hearing of a case to such later date or such later meeting of the Committee as he may determine.

(2) The Registrar shall, as soon as practicable, notify the practitioner, and any complainant, of any decision to postpone a hearing, and shall inform him or them at that time or as soon thereafter as practicable of the revised arrangements for the hearing.

Cancellation of inquiry

14.-(1) If it appears to the President, after a case has been referred to the Committee, that the referral should be cancelled, he may make a direction to this effect: provided that in any case referred to the Committee by the Preliminary Proceedings Committee the President shall so direct only after consulting a quorum of the latter Committee, and if those Committee members consulted so agree;

(2) (Deleted 2003)

(3) In any case where there is a complainant the President shall communicate or endeavour to communicate with the complainant, with a view to obtaining the observations of the complainant as to whether the referral should not be cancelled; such communication shall take place, in respect of any case referred by the Preliminary Proceedings Committee, before the President consults with members of that Committee.

(4) As soon as may be after the giving of any direction under this rule the Registrar shall give notice thereof to the practitioner and to the complainant (if any).

Preliminary circulation of evidence

15. Before the meeting of the Committee the Registrar shall send to each member of the Committee, and to the medical assessors and any additional assessors chosen to advise the Committee on any case, copies of the notice of referral, of the documents sent to the practitioner under rule 6(5), 8(1) or 12(3), of any medical reports received in accordance with rules 7 or 11, and of any observations or other documents submitted by or on behalf of the practitioner.

Medical assessors

16. The President shall arrange for one or more medical assessors to attend any meeting of the Committee called to consider a case in accordance with these rules. Such assessors shall be chosen by the President in accordance with Schedule 2, and shall perform the duties set out in that Schedule.

Hearings before the Committee

17.-(1) The Committee shall sit in private.

(2) The practitioner shall be entitled to be present while his case is considered, and may also be represented by counsel or a solicitor, may be represented or accompanied by an officer of his defence society or of any other professional organisation or association of which he is a member or by any member of his family or by a friend, and may be accompanied by his medical adviser: provided that this paragraph shall not entitle the practitioner to be represented or accompanied by any person from whom oral evidence is to be required under rules 19 to 21.

(3) Where the practitioner is neither present nor represented the Committee may nevertheless proceed with the hearing if the Registrar is able to satisfy them that all reasonable efforts have been made in compliance with rule 37 to serve the notice of referral.

(4) The Solicitor may be represented by counsel.

(5) The complainant (if any) shall be entitled to appear before the Committee and may be represented by counsel or a solicitor: provided

(a) the complainant shall not be entitled to receive any medical reports or other confidential medical information in writing concerning the medical condition of the practitioner which the Council may have obtained: and

(b) if the practitioner makes an application to the Committee for the complainant to be excluded from any part of the proceedings at which the practitioner is himself entitled to be present on the grounds of his right to medical confidentiality, or if it appears to the Committee that the need to preserve medical confidentiality requires his exclusion, the Committee may direct that the complainant be so excluded, but no such direction shall apply to an announcement under any of these rules of a determination of the Committee.

Documents before Committee

18. Subject to the following provisions of these rules, the Committee may consider the fitness to practise of the practitioner on the basis of the report, written statements and other documents circulated to members in accordance with rule 15, being documents which appear to the Committee to be relevant to the case before them.

Oral Testimony

19.-(1) Where the Registrar, at the time of serving the notice of referral or subsequently (but not later than 28 days before the date of the meeting), has invited the practitioner to state whether he requires any document which may be considered by the Committee to be supplemented by the oral testimony of its author, and the practitioner, not less than 14 days before the date of the meeting, states that he so requires then, subject to the following provisions of these rules, the document shall be presented to the Committee only if its author is called as a witness and is available to be questioned in accordance with the provisions of rule 20(3).

(2) If the practitioner gives his written agreement in relation to any particular document, paragraph (1) shall have effect as if the reference to 28 days or, as the case may be, to 14 days were a reference to such lesser periods as he may so agree.

(3) If the practitioner or his representative indicates at the hearing, not having given notice under paragraph (1) or (2), that he wishes any document presented by the Solicitor to be supplemented by oral testimony from its author, the Committee shall consult the legal assessor as to whether, in the interests of justice, they should adjourn the hearing in order to permit the testimony to be given or whether they should proceed with the hearing on the basis of the documents before them.

(4) The Committee may, at any stage in their proceedings at their discretion,

(a) with the consent of the practitioner; or

(b) where, after consultation with the legal assessor, they are satisfied that its reception is desirable to enable them to perform their duty,

allow the Solicitor to adduce at the hearing any written statement, notwithstanding that a copy thereof has not been supplied to the practitioner in accordance with the foregoing provisions of these rules or that its author may not be called as a witness.

(5) Where, notwithstanding that a written statement has been presented to the Committee under the foregoing provisions of this rule without its author being called and being available as aforesaid, the Committee are of the opinion that it should be supplemented by oral testimony, they may request that the author be called as a witness and adjourn the hearing for the purpose and, on subsequently resuming the hearing, unless he gives oral testimony, the Committee shall be entitled to disregard the document.

Procedure for presentation of the case

20.-(1) The Chairman shall invite the complainant, if any, or his representative to address the Committee.

(2) If the practitioner is present or if the Committee proceed to hear the case in his absence, the Chairman may invite the Solicitor to present the case and to call witnesses to give oral testimony.

(3) Persons who are called as witnesses to give oral testimony on behalf of the Council shall be questioned by the Solicitor, and may be questioned by or on behalf of the practitioner, by the Committee, by any medical or additional assessor, and by the legal assessor.

Presentation of the practitioner’s case

21.-(1) At the conclusion of any oral testimony given as aforesaid the Chairman shall invite the practitioner or his representative to address the Committee and to adduce evidence as to the practitioner’s fitness to practise.

(2) Any witnesses called on behalf of the practitioner (including the practitioner) shall be questioned by or on behalf of the practitioner, and may be questioned also by the Solicitor, by the Committee, by any medical or additional assessor, and by the legal assessor.

(3) Where any evidence has been called on behalf of the practitioner (including any evidence given by the practitioner himself) the Chairman may invite the Solicitor to address the Committee.

(4) The practitioner or his representative may then address the Committee for a second time.

Adjournment for further medical reports

22. At the conclusion of proceedings under the foregoing rules, the Committee may adjourn the case in order to obtain further medical reports or other information as to the physical or mental condition of the practitioner or in relation to his fitness to practice.

Postponement of finding

23. If the Committee do not think fit to adjourn the case under the foregoing rule they shall consider whether to postpone their finding as to the practitioner’s fitness to practise.

Determination of the Committee

24.-(1) If the Committee do not think fit to adjourn the case under rule 22 or to postpone their finding under rule 23, they shall consider and determine whether they judge the fitness to practise of the practitioner to be seriously impaired by reason of his physical or mental condition.

(2) In reaching their judgment the Committee shall be entitled to regard as current serious impairment either the practitioner’s current physical or mental condition, or a continuing and episodic condition, or a condition which, although currently in remission, may be expected to cause recurrence of serious impairment.

(3) Where the practitioner has refused or, in the opinion of the Committee, has failed to submit to medical examination in accordance with rule 6(4)(b)(i), rule 11, rule 27, or rule 31(3) the Committee shall be entitled, if they think fit, to find that the practitioner’s fitness to practise is seriously impaired on the basis of the information before them and the practitioner’s refusal or failure to submit to medical examination.

(4) If the Committee judge the practitioner’s fitness to practise to be seriously impaired by reason of his physical or mental condition, they shall next consider and determine whether it shall be sufficient to direct that the registration of the practitioner shall be conditional on his compliance, during such period not exceeding three years as the Committee may specify, with such requirements as the Committee may think fit to impose for the protection of members of the public or in his interests.

(5) If the Committee so determine they shall then consider and decide what conditions (of whatever nature) shall be imposed in accordance with section 37(1) of the Act and the Committee may impose more than one condition under this paragraph.

Direction for suspension of registration

25.-(1) If the Committee decide that it is not sufficient to impose conditions on the practitioner’s registration they shall direct that the registration of the practitioner shall in accordance with section 37(1)(a) of the Act be suspended for such period not exceeding 12 months as the Committee may determine.

(2) If in any case the Committee determine to suspend the registration of a practitioner, the Committee shall also consider and determine whether it is necessary for the protection of members of the public or would be in the best interests of the practitioner to order that his registration shall be suspended forthwith.

Announcement of determination

26. The Chairman shall announce the determination or determinations of the Committee under the foregoing rules in such terms as the Committee may approve.

Provision for resumed hearings

27.-(1) In any case in which the Committee have adjourned the case or postponed their finding or imposed conditions on, or suspended, the registration of the practitioner for a period they shall, when announcing such decision, intimate that they will, at a meeting to be held before the end of such period, resume consideration of the case.

(2) The Committee may also indicate the medical reports as to the practitioner’s fitness to practise, or other information, which they will require at the resumed hearing. Such evidence may include one or more reports from medical practitioners who have treated or supervised the practitioner or both, since the time of the original hearing.

(3) The Committee may also require the practitioner to submit to examination by one or more medical examiners chosen by or on behalf of the Committee as provided in Schedule 2.

Interim suspension or interim conditional registration

28.-(1) Where, in any case referred to the Committee, an order made by the Interim Orders Committee for interim suspension or for interim conditional registration is in force, (or where an order made under this paragraph by the Health Committee is in force), the Health Committee may-

(a) revoke the order;

(b) revoke or vary any condition imposed by the order;

(c) if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest or is in the interests of the practitioner, make an order that the practitioner’s registration shall be conditional on his compliance, during such period as the Committee may specify in the order, with such requirements as the Committee may think fit to impose for the protection of members of the public or otherwise in the public interest or in his interests; or

(d) if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest or is in the interests of the practitioner, make an order that the practitioner’s registration shall be suspended for such period as they may specify in the order.

(2) When considering whether to make an interim order the Committee may invite the Solicitor to address them.

(3) No order may be made under this rule unless the practitioner has been afforded an opportunity of appearing before the Health Committee and being heard on the question whether such an order should be made in his case; and for this purpose the practitioner may be represented before the Committee as provided in rule 17(2) and may also be accompanied by his medical adviser;

Provided that, if the practitioner does not appear and is not represented, and the Registrar satisfies the Committee that the requirements of rule 37 have been met, the Committee may make an order under this rule if they think fit, notwithstanding the practitioner’s failure to appear.

(4) Any order made by the Committee under paragraph (1)(c) and (d) shall specify a period not exceeding three months;

(5) Any order made by the Committee under paragraph (1) shall be notified to the practitioner by the Registrar forthwith and in accordance with the requirements of rule 37.

Cases referred by the Professional Conduct Committee, the Assessment Referral Committee or the Committee on Professional Performance

29. In any case referred by the Professional Conduct Committee, the Assessment Referral Committee or the Committee on Professional Performance, the Committee shall, following their determination under rule 24(1) as to whether or not the fitness to practise of the practitioner is seriously impaired by reason of his physical or mental condition, certify their opinion on this matter to the Professional Conduct Committee the Assessment Referral Committee or the Committee on Professional Performance as the case may be in accordance with paragraph 4 of Schedule 4 to the Act and shall notify the practitioner."

PART IV

RESUMED HEARINGS BY THE HEALTH COMMITTEE

Direction for resumed hearing

30.-(1) If, in any case where the Committee have suspended the registration of the practitioner, or imposed conditions upon his registration or have adjourned the case or postponed their finding, it appears to the President that the Committee should resume consideration of the case at an earlier meeting or date than that specified by the Committee, the President may direct the Registrar to notify the practitioner that the Committee will resume consideration of the case at such earlier meeting or date as the President shall determine.

(2) Without prejudice to the generality of the foregoing paragraph, where in any case the Committee have imposed conditions upon a practitioner’s registration, and it appears to the President from information subsequently received that the practitioner is in a material respect not complying with such conditions, the President may exercise his powers under the foregoing paragraph.

(3) Before exercising his powers under paragraph (1) above, the President may invite the practitioner to submit to further medical examination as provided in rule 27(3).

(4) In any case in which the President has given a direction under paragraph (1) of this rule, the Committee shall then resume consideration of the case at the meeting determined by the President notwithstanding their earlier decision.

(5) If in any case where, under rule 33A, the registration of the practitioner has been suspended indefinitely by direction of the Committee, the practitioner requests that the suspension be reviewed by the Committee, the President shall direct the Registrar to notify the practitioner that the Committee will resume consideration of his case at such date as the President shall determine:

Provided that the review shall not take place until at least two years have elapsed since the date on which the direction for indefinite suspension took effect, or since the Committee last reviewed the indefinite suspension of the practitioner’s registration.

Notice of resumed hearing

31.-(1) Where under any of the foregoing rules the Committee have adjourned the case (except in the case of adjournment for less than 28 days), or have postponed their finding, or have imposed conditions upon the registration of the practitioner or have directed that his registration shall be suspended, or where the President has given a direction under rule 30(1) or (4), the Registrar shall not later than four weeks before the day fixed for the resumption of the proceedings send to the practitioner a notice which shall-

(i) specify the day, time and place at which the proceedings are to be resumed and invite him to appear thereat;

(ii) in any case where the President has exercised his powers under rule 30 state the nature of the information in consequence of which he has exercised his powers;

(iii) inform the practitioner that it is open to him to be represented as provided in rule 17(2) and also to be accompanied by his medical adviser; and

(iv) invite him to state whether he proposes to appear.

(2) Paragraphs (3), (4) and (5) of rule 12 shall apply to the sending of notices under this rule provided that, where a resumed hearing does not follow an adjournment, the practitioner may require documents to be supplemented by oral testimony only if they are documents which have not previously been before the Committee at an earlier hearing.

(3) Before issuing a notice under this rule the Registrar shall-

(a) if the Committee or the President have so directed, invite the practitioner to submit to examination by the medical examiners chosen by the Committee or by the President from among those nominated under Schedule 2 and, if the practitioner so elects, by another medical practitioner nominated by him, and to agree that such examiners should furnish to the Committee reports on the practitioner’s fitness to practise, either generally or on a limited basis, with recommendations for the management of his case; and

(b) if the Committee have so directed, invite the practitioner to furnish the names and addresses of medical practitioners or other persons to whom the Committee will be able to apply for information as to their knowledge of his fitness to practise since the last hearing of the case.

Medical assessors at resumed hearing

32. In choosing medical assessors to assist the Committee at any resumed hearing the President shall have regard to any opinion expressed by the Committee at the previous hearing as to the nature of the matters on which medical advice would be useful.

Procedure at resumed hearing

33. Subject to the provisions of rules 33A and 33B, at any resumed hearing the procedure shall be that provided in Part III of these rules for the original hearing and the Committee may exercise any power which under that Part they could have exercised at the original hearing save that-

(i) the Committee shall not extend any period of conditional registration for more than 12 months on any resumed hearing; and

(ii) the Committee may revoke any previous direction for conditional registration or revoke or vary the conditions previously imposed on the practitioner’s registration.

Direction for indefinite suspension of registration

33A. In any case where-

(a) the period of suspension of the practitioner’s registration under rule 25 or by virtue of rule 33 will, on the date on which a further direction would take effect, have lasted for at least two years, and

(b) the Committee have determined that it is not sufficient to direct that the current period of suspension be extended, from the time when it would otherwise expire, for such further period, not exceeding twelve months, as they may specify,

the Committee shall direct that the current period of suspension of the practitioner’s registration shall be extended indefinitely:

Provided that the direction is given not more than two months before the date on which the period of suspension would otherwise expire.

Procedure where registration has been suspended indefinitely

33B.-(1) Where in any case the Committee have, following a direction by the President under Rule 30(5), reviewed the suspension directed under rule 33A, the Committee may, if they think fit, direct that the suspension be terminated.

(2) Having so directed, the Committee may exercise any of their powers under rules 24, 26 and 27 of these rules as the circumstances of the case may so require. 

PART IVA

RESTORATION APPLICATIONS

General

33C. This Part shall apply in relation to any application by a person for restoration of his name to the Register –

(a) under regulation 3 of the Voluntary Erasure Regulations, which has been referred to the Committee by the Registrar under regulation 4(8) of those regulations; or

(b) under regulation 2 of the Restoration Regulations, which has been referred to the Committee by the Registrar under regulation 3(8) of those regulations;

Notices to applicants

33D.-(1) The application shall not be considered by the Committee at any meeting unless the Registrar has given the applicant notice in writing of the date, time and place of the hearing before the beginning of the period of 28 days ending on the day before the hearing, or such shorter period of notice, as the applicant may agree, and the Registrar shall send with the notice a copy of these Rules and the Voluntary Erasure Regulations or the Restoration Regulations, whichever is applicable.

(2) A notice under paragraph (1) shall-

(a) specify the grounds on which the reference has been made;

(b) have attached to it copies of any reports or other documents which the Solicitor proposes to put before the Committee at the hearing;

(c) inform the applicant of his right to attend the hearing, with a medical adviser if he so wishes, and to be represented by counsel or a solicitor, by any officer or member of any professional organisation or association of which he is a member, or by a member of his family or by a friend;

(d) invite the applicant to inform the Registrar, within 14 days of the date of the notice-

(i) whether he will attend the hearing or not, and

(ii) if so, whether he requires any of the authors of any of the documents attached to the notice to attend the hearing to give evidence in person;

and, except where the context otherwise requires, any reference in the following provisions of this Part to the applicant shall be read as including a reference to his representative.

(3) If the applicant informs the Registrar in accordance with paragraph (2)(d) that he does require anyone to be present to give evidence in person, the Registrar shall make the necessary arrangements for that person's attendance at the hearing.

Medical examinations

33E.-(1) The Registrar may invite the applicant to be medically examined before the hearing by examiners who will report to the Committee on his fitness to practise.

(2) If the applicant agrees-

(a) the President shall appoint at least 2 medical examiners in accordance with Schedule 2,

(b) the Registrar shall arrange for the examination to take place, and

(c) the examiners shall make a written report to the Committee on the applicant's fitness to practice.

(3) Where the applicant refuses to undergo a medical examination in pursuance of an invitation under paragraph (1) or, in the opinion of the Registrar, fails to comply with reasonable arrangements made for such an examination, the Registrar shall report that information to the Committee.

Committee procedure

33F.-(1) The following provisions shall apply in relation to any meeting of the Committee to consider the application.

(2) The Chairman shall invite the Solicitor to present the case and to call witnesses to give oral testimony, and the Solicitor shall in any event call as a witness any complainant, if that person wishes to give oral testimony.

(3) Any witness called by the Solicitor shall be questioned by the Solicitor and may be questioned by the applicant, by the Committee or by any assessor.

(4) At the conclusion of the evidence given by witnesses called by the Solicitor, the Chairman shall invite the applicant to address the Committee and to adduce evidence on any matter relating to the question whether or not his name should be restored to the Register.

(5) Any witness called by the applicant shall be questioned by the applicant or if the applicant himself gives evidence he may be questioned by his representative or if he has no representative may make a statement, and any such witness and the applicant may be questioned by the Solicitor, by the Committee or by any assessor.

(6) Where any evidence has been given by or on behalf of the applicant, the Chairman shall invite the Solicitor to address the Committee.

(7) The applicant may then address the Committee for a second time.

(8) At the conclusion of the proceedings the Committee shall decide whether to approve the application, and in making their decision the Committee may draw adverse inferences from the applicant’s refusal or failure to undergo a medical examination in pursuance of an invitation under Rule 33E(1) in any case where the Registrar has reported to the Committee that such a refusal or failure has occurred.

(9) If the Committee decide not to approve the application they shall consider whether, having regard to the seriousness of the case, the mandatory period of one year during which the applicant is not permitted to make another application for restoration under regulation 4(11) of the Voluntary Erasure Regulations or regulation 3(11) of the Restoration Regulations, whichever is applicable, should be extended and, if so, what the extended period should be.

(10) The Chairman shall announce the Committee’s decision under paragraph (8), and under paragraph (9) if applicable, in such terms as the Committee shall approve.

(11) A majority of the votes of those present shall be required for a decision that the applicant's name should be restored to the Register and for a decision that the minimum period referred to in paragraph (9) should be extended.

(12) If the Committee decide to approve the application, they shall direct the Registrar to restore the applicant’s name to the Register forthwith.

(13) Subject to paragraphs (2) to (12) and Rule 33G, the Committee may determine their own procedure.

Application of other Rules to restoration hearings

33G. The following rules shall apply in relation to the application and the hearing of the case subject to such amendments as are specified-

(a) rules 1 to 4;

(b) rule 8(1) and (2);

(c) rule 15, with the omission of "under rules 6(5), 8(1) or 12(3)" and with the substitution for "in accordance with rules 7 or 11" of "in accordance with rule 33E";

(d) rules 16 and 17(1) to (4);

(e) rule 18 with the substitution for "the fitness to practise of the practitioner" of "the application for restoration under regulation 3 of the Voluntary Erasure Regulations or the application for restoration under regulation 2 of the Restoration Regulations";

(f) rule 19, 22, 27(1) and (2), 31, 32, 34 and 35;

(g) rule 36 with the addition at the beginning of paragraph (3) of "subject to rule 33F(11)"; and

(h) rule 38;

and any reference in those Rules (as applied by this paragraph) to the practitioner shall be read as a reference to the applicant.

33H. For the purpose of proceedings under this Part, references to the complainant in these Rules shall mean any person whose written complaint or information about the applicant’s health has given rise to matters that are being considered by the Committee.

33I. Procedure for consideration of restoration following voluntary erasure applications made before 1st July 2003

An application for restoration which has been referred the Committee by virtue of regulation 6(b) of the Voluntary Erasure Regulations in accordance with the Medical Practitioners (Voluntary Erasure and Restoration) Regulations 2000 shall be dealt with in accordance with this Part as in force on 30th June 2003.

PART V

GENERAL

Adjournment of proceedings

34. The Committee may adjourn any of their proceedings or meetings from time to time as they think fit.

Deliberation in camera

35. Subject to the provisions of these rules the Committee may deliberate in camera at any time and for any purpose during any proceedings and for such purpose may exclude the practitioner, his representatives, and his medical adviser.

Voting

36. The following provisions shall have effect as to the taking of the votes of the Committee on any question to be determined by them-

(1) The Chairman of the Committee shall call upon the members present to signify their votes by raising their hands, signify his own vote, and declare the way in which the question appears to him to have been determined.

(2) If the result so declared by the Chairman is challenged by any member, the Chairman shall-

(a) call upon each member severally to declare his vote;

(b) announce his own vote; and

(c) announce the number of members of the Committee who have voted each way and the result of the vote.

(3) If the votes are equal, the question shall be deemed to have been resolved in favour of the practitioner.

Notification of decisions of the Committee

36A.-(1) In any case in which the Health Committee have given a direction under these rules for suspension or for conditional registration or have varied the conditions imposed by a direction for conditional registration, the Registrar shall forthwith serve on the practitioner a notification of the direction and of the practitioner’s right to appeal against the decision.

(2) In this rule references to a direction for suspension and a direction for conditional registration include references to a direction extending a period of suspension or a period of conditional registration.

(3) Service of the notification shall be effected in accordance with rule 37.

Service of documents

37. Any notice or other document required by rules 6(4), 8(1), 8(3), 11(1) and (2), 12, 13, 14, 19, 28(4) and (5), 31(1) and Part IVA of these Rules to be given or sent to any person shall be given or sent-

(a) by personal delivery, or by sending it to him by the Registered post service or by a postal service in which delivery or receipt is recorded at his usual or last-known address, which in the case of a doctor shall be his address in the Register or, if his last-known address differs from the address in the Register, his last-known address;

(b) in the case of a person represented by-

(i) a solicitor, by personal delivery, or by sending it to him by the Registered post service or by a postal service in which delivery or receipt is recorded at his professional address;

(ii) any other person, by personal delivery, or by sending it to him by the Registered post service or by a postal service in which delivery or receipt is recorded at his usual or last-known address.

Record of proceedings

38.-(1) The Registrar shall arrange for the proceedings of the Committee to be recorded by electronic means or otherwise.

(2) Any party to the proceedings shall, on application to the Registrar, be furnished with a copy of the record of any part of the proceedings at which the party was entitled to be present.

(3) Paragraphs (1) and (2) do not apply to the deliberations of the Committee.

Revocation

39. The Communitybaptistpa Health Committee (Procedure) Rules 1980 are hereby revoked.

SCHEDULE 1

Provisions as to meetings of the Committee

1. The Committee shall meet on such days as the Chairman, Committee or Council may determine and at such time as the Chairman may determine.

2. Members of the Committee shall be summoned to meetings of the Committee by the Registrar, by notice addressed to each member. Except in the case of a meeting held to resume the hearing of a case which has been adjourned or postponed for less than 28 days, such notice shall be sent not less than three weeks before the meeting to which it relates.

3. Meetings of the Committee shall be held at the offices of the Council unless the Council or in emergency the President shall otherwise direct.

SCHEDULE 2

Medical examiners and medical assessors

1. Subject to paragraph 4 of this Schedule medical examiners and medical assessors shall be chosen by the President or by the Committee from persons nominated by the following Bodies -

Psychiatrists The Royal Colleges and their Faculties
Neurologists The Central Committee for Hospital Medical Services of the British Medical Association
Physicians  
Surgeons  
General Practitioners and other branches of medicine The General Medical Services Committee
 
   
2. Members of the Council shall not be eligible for nomination as medical examiners or as medical assessors.

3. The Council may from time to time determine the minimum number of persons to be nominated in respect of each branch of medicine, the periods for which nominations shall be made, and the intervals at which the lists of those nominated shall be revised and may give directions as to the nomination of persons on a geographical basis.

4.(a) Subject to paragraph (b) below, in choosing medical examiners and medical assessors to act in relation to particular cases, the President or Committee shall have regard to the nature of the physical or mental condition which is alleged to impair the practitioner’s fitness to practise.

(b) In choosing medical assessors to advise the Committee the President shall include one assessor who is engaged in the same branch of medical practice as the practitioner.

5. (a) It shall be the duty of the medical assessors to be present at the proceedings before the Committee for which they have been chosen to act and to advise the Committee on the medical significance of the information before the Committee.

(b) Medical assessors shall give such advice on questions referred to them by the Committee, and shall also advise the Committee of their own motion if it appears to them that, but for such advice, there is a possibility of a mistake being made in judging the medical significance of such information (including the absence of information) on any particular matter relevant to the fitness to practise of the practitioner.

6. If in any case referred to the Committee

(a) the practitioner is a practitioner who was registered under Part III of the Act and the Committee do not include a member who was so registered, the President shall invite a member of the Council who was so registered to sit as an additional assessor with the Committee when they consider the case;

(b) the practitioner is female, and neither the Committee not the medical assessors appointed under rules 16 or 32 include a woman, the President shall invite a female member of the Council, who is a registered medical practitioner, to sit as an additional assessor with the Committee when they consider the case.

 

Given under the official seal of the Communitybaptistpa, this ninth day of November nineteen hundred and eighty-seven.

 

J.N. Walton

President

 

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