PART VII | Invitation to submit to medical examination |
49.—(1) Where a complaint or information is referred to a Health Committee under section 41(2)( a), 49(2)(a) or 52(1) of the Act, the chairman of the Health Committee may send a notice in writing to the practitioner —| (a) | inviting him to agree, within 14 days after receiving the notice, to an examination by at least 2 registered medical practitioners to be appointed by the Health Committee and to agree that they should furnish to the Health Committee reports on his fitness to practise; or | | (b) | if the information received by the Health Committee includes reports on the practitioner by other medical practitioners who have recently examined him and it appears to the Health Committee that such reports afford sufficient medical evidence that the practitioner’s fitness to practise may be impaired by reason of a physical or mental condition, informing him so. |
(2) The Health Committee shall, in the notice referred to in paragraph (1) —| (a) | inform the practitioner that he may nominate not more than 2 other registered medical practitioners to examine him and report to the Health Committee on his fitness to practise at his own expense; | | (b) | invite the practitioner to submit any observations or other evidence which he may wish to offer as to his own fitness to practise; and | | (c) | inform the practitioner of the matters referred to in paragraph (1). |
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(3) The Health Committee may, as soon as practicable, proceed with its inquiry and make such order as it thinks fit under section 58 of the Act, if the practitioner —| (a) | refuses to be examined; | | (b) | having agreed to a medical examination, subsequently fails to submit to the medical examination when it has been arranged by the Health Committee or, in the case of a medical examination by a medical practitioner nominated under paragraph (2)(a), within 30 days of the despatch of the notice referred to in paragraph (1) (or such further period as the Health Committee may allow); or | | (c) | does not reply within 14 days of the despatch of the notice referred to in paragraph (1) (or such further period as the Health Committee may allow). |
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| (4) The chairman of the Health Committee shall forward to the practitioner, together with the notice referred to in paragraph (1), copies of any complaint or information and of any statutory declaration or affidavit made in support of the complaint or information. |
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50.—(1) If the practitioner agrees to submit to a medical examination by the medical practitioners appointed by a Health Committee in response to an invitation sent under regulation 49(1)(a), the Health Committee shall make arrangements for such examination.(2) The Health Committee shall send to the medical practitioners referred to in paragraph (1) and any medical practitioners nominated under regulation 49(2)(a) the information received by the Health Committee and shall ask them to report to the Health Committee —| (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. |
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| Provision of medical reports to practitioner |
51. The Health Committee shall —| (a) | send to the practitioner copies of the reports obtained under regulation 50(2); and | | (b) | invite the practitioner to submit any further written observations or other evidence which he may wish to offer as to his own fitness to practise. |
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| Notice of inquiry by Health Committee |
52.—(1) If the practitioner does not agree to submit to a medical examination in response to an invitation sent under regulation 49(1)(a), the Health Committee shall, as soon as practicable, send to the practitioner a notice —| (a) | indicating the physical or mental condition by reason of which it is alleged that his fitness to practise is impaired; | | (b) | stating the date, time and place at which the inquiry will be held; and | | (c) | inviting the practitioner to state whether he proposes to attend the inquiry, and inform him that he may be represented by counsel and may be accompanied by his medical adviser. |
(2) The notice referred to in paragraph (1) shall be sent —| (a) | by delivering it to the practitioner, an adult member of his family, or an employee of his family or of his medical practice, at the practitioner’s last known address; or | | (b) | by registered post, addressed to the practitioner at his last known address. |
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| (3) Except with the agreement of the practitioner, no case shall be heard by the Health Committee at any date earlier than 28 days after the date of the notice referred to in paragraph (1). |
| (4) The notice referred to in paragraph (1) shall be accompanied by copies of any reports, written statements and other documents before the Health Committee which have not already been sent to the practitioner. |
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| 53. Where neither the practitioner nor his counsel is present, the Health Committee may proceed with the inquiry if the Health Committee is satisfied that regulation 52 has been complied with. |
| Application of certain regulations to Health Committee |
54.—(1) Where —| (a) | the chairman of the Complaints Panel appointed under section 38(4) of the Act has referred any complaint or information to a Health Committee under section 41(2)(a) of the Act; | | (b) | a Complaints Committee has ordered that any inquiry be held by a Health Committee under section 49(2)(a) of the Act; or | | (c) | a Disciplinary Tribunal has referred a question to a Health Committee under section 52(1) of the Act, |
| subject to paragraph (2), regulations 28, 30 to 32, 34(4) to (8), 43 and 44 shall apply, with the necessary modifications, to the Health Committee. |
| (2) For the purposes of any proceedings before a Health Committee, a reference to a Disciplinary Tribunal in regulations 28, 30 to 32, 34(4) to (8), 43 and 44 shall be read as a reference to a Health Committee. |
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| Determination of Health Committee |
55.—(1) At the conclusion of the proceedings, the Health Committee shall consider and determine whether or not it is of the view that the practitioner’s fitness to practise is impaired by reason of his physical or mental condition.(2) In reaching its judgment, the Health Committee shall be entitled to consider —| (a) | the practitioner’s current physical or mental condition; | | (b) | any continuing and episodic condition which the practitioner may have or suffer from; or | | (c) | a condition which the practitioner used to have or suffer from and which, although currently in remission, may be expected to recur. |
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| Announcement of determination |
56.—(1) The Health Committee shall notify the Registrar of any order made under section 58 of the Act and the Registrar shall serve on the practitioner a notice in accordance with section 58(9) of the Act.| (2) The chairman of the Health Committee may announce the determination or order of the Health Committee under regulation 55 in such terms as the Health Committee may approve. |
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57.—(1) If, in any case where a Health Committee has adjourned the case or postponed its finding, it appears to the chairman of the Health Committee that the Health Committee should resume consideration of the case, the chairman of the Health Committee shall notify the practitioner of the date, time and place where the Health Committee will meet to resume its consideration of the case.| (2) Without prejudice to the generality of paragraph (1), where a Health Committee has imposed any condition or restriction under section 58(1)(c), (4) or (5)(b) of the Act and information is subsequently received that the practitioner is in a material respect not complying with the condition or restriction, the Health Committee may meet to consider the case and the chairman of the Health Committee shall notify the Council’s solicitor and the practitioner of the date, time and place of the meeting. |
| (3) Regulations 53 to 56 shall apply, with the necessary modifications, to any meeting under paragraph (1) or (2). |
| (4) Before any meeting under paragraph (1) or (2), the chairman of the Health Committee may invite the practitioner to submit to a further medical examination in the manner provided in regulation 49 with such modifications as the Health Committee thinks fit. |
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