PART 8

Complaints referred to Fitness to Practise Committee

Duty to notify registered medical practitioner and complainant or other witnesses of referral to, and hearing by, Fitness to Practise Committee.

64 .— (1) The chief executive officer shall, as soon as is practicable after a complaint is referred under section 63 to the Fitness to Practise Committee, give notice in writing to—

(a) the registered medical practitioner the subject of the complaint of the following:

(i) the referral of the complaint to the Fitness to Practise Committee;

(ii) the nature of the matter that is to be the subject of the inquiry, including the particulars of any evidence in support of the complaint;

(iii) the opportunity of the practitioner, or the practitioner’s representative, to be present and to defend the practitioner at the hearing; and

(iv) the opportunity for the practitioner to request that some or all of the hearing be held otherwise than in public if the practitioner can show reasonable and sufficient cause;

and

(b) any witnesses who may be required to give evidence at an inquiry (including, where appropriate, the complainant) of the opportunity of the witness to request that some or all of the hearing be held otherwise than in public if the witness can show reasonable and sufficient cause.

(2) The chief executive officer shall give notice in writing to the registered medical practitioner the subject of a complaint referred to the Fitness to Practise Committee of the date, time and place of the hearing of the complaint in sufficient time for the practitioner to prepare for the hearing.

Conduct of hearing.

65 .— (1) The Fitness to Practise Committee shall, subject to sections 67 and 68 , hear a complaint referred to it under section 63 .

(2) A hearing before the Fitness to Practise Committee shall be held in public unless—

(a) following a notification under section 64 , the registered medical practitioner or a witness who will be required to give evidence at the inquiry or about whom personal matters may be disclosed at the inquiry requests the Committee to hold all or part of the hearing otherwise than in public, and

(b) the Committee is satisfied that it would be appropriate in the circumstances to hold the hearing or part of the hearing otherwise than in public.

(3) At the hearing of a complaint before the Fitness to Practise Committee—

(a) the chief executive officer, or any other person with leave of the Committee, shall present the evidence in support of the complaint,

(b) the testimony of witnesses attending the hearing shall be given on oath, and

(c) there shall be a full right to cross-examine witnesses and call evidence in defence and reply.

(4) Any member of the Fitness to Practise Committee may administer oaths for the purposes of an inquiry.

Powers and protections relating to witnesses and evidence.

66 .— (1) For the purposes of an inquiry, the Fitness to Practise Committee has all the powers, rights and privileges that are vested in the Court or a judge of the Court on the occasion of an action and that relate to—

(a) enforcing the attendance of witnesses,

(b) examining witnesses on oath or otherwise, and

(c) compelling the production (including discovery) of records.

(2) Without prejudice to the generality of subsection (1), a summons issued by the chairperson of the Fitness to Practise Committee or by such other member of that Committee as is authorised by it for the purpose of the inquiry may be substituted for and is the equivalent of any formal process capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of records.

(3) Subject to any rules in force under section 11 and to the necessity of observing fair procedures, the Fitness to Practise Committee may receive evidence given—

(a) orally before the committee,

(b) by affidavit, or

(c) as otherwise allowed by those rules, including by means of a live video link, a video recording, a sound recording or any other mode of transmission.

(4) A witness before the Fitness to Practise Committee is entitled to the same immunities and privileges as a witness before the Court.

(5) A person is guilty of an offence if the person—

(a) having been duly summoned to attend before the Fitness to Practise Committee fails without reasonable excuse to attend at the time and place indicated on the summons,

(b) while attending as a witness before the Fitness to Practise Committee refuses to—

(i) take an oath lawfully required by the Committee to be taken,

(ii) produce any record in the person’s power or control that the person is lawfully required by the Committee to produce, or

(iii) answer any question that the person is lawfully required by the Committee to answer,

or

(c) while attending before the Fitness to Practise Committee does anything that, if the Committee were a court of law having power to punish for contempt, would be contempt of court.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding €5,000.

(7) Where a person fails to comply with a summons to attend before the Fitness to Practise Committee or refuses, while attending as a witness before the Fitness to Practise Committee, to do anything referred to in subsection (5)(b) that the person is lawfully required by the Committee to do, the Court, on application by the Council, may—

(a) by order require the person to attend before the Committee or to do the thing that the person refused to do, as the case may be, and

(b) make such interim or interlocutory orders as it considers necessary for that purpose.

(8) Neither an application for an order under subsection (7) nor the making of such an order precludes proceedings being brought for an offence under subsection (5)(a) or (b) in relation to a person on whose failure or refusal the application or order was based.

(9) Where the Fitness to Practise Committee requires the medical records of a patient of any registered medical practitioner to be produced for the purposes of an inquiry conducted by the Committee, the records shall not be made available to the Committee unless—

(a) the patient has consented in writing to the records being made so available, or

(b) the Committee has directed in writing the practitioner, or any other person who has power over or control of the records, to make the records so available.

If registered medical practitioner consents to censure or remedial action, etc.

67 .— (1) The Fitness to Practise Committee may, at any time after a complaint is referred to it, request the registered medical practitioner the subject of the complaint to do one or more than one of the following:

(a) if appropriate, undertake to not repeat the conduct the subject of the complaint;

(b) undertake to be referred to a professional competence scheme and to undertake any requirements relating to the improvement of the practitioner’s competence and performance which may be imposed;

(c) consent to undergo medical treatment;

(d) consent to being censured by the Council.

(2) Where a registered medical practitioner refuses to give an undertaking or consent the subject of a request under subsection (1) by the Fitness to Practise Committee, the Committee may proceed as if the request had not been made.

If complaint is withdrawn while it is being considered by Fitness to Practise Committee.

68 .— Where a complaint is withdrawn while it is being considered by the Fitness to Practise Committee, the Committee may, with the Council’s agreement—

(a) decide that no further action is to be taken in relation to the matter the subject of the complaint, or

(b) proceed as if the complaint had not been withdrawn.

Report to Council by Fitness to Practise Committee.

69 .— (1) Subject to subsection (2), the Fitness to Practise Committee shall, on completing an inquiry into a complaint, submit to the Council a report in writing on its findings.

(2) The report referred to in subsection (1) of the Fitness to Practise Committee—

(a) shall specify—

(i) the nature of the complaint that resulted in the inquiry,

(ii) the evidence presented to the Committee, and

(iii) the Committee’s findings as to whether any allegation is proved,

and

(b) may include such other matters relating to the registered medical practitioner the subject of the complaint as the Committee considers appropriate.

Steps to be taken by Council after receiving report.

70 .— The Council shall, on receiving the report referred to in section 69 (1) of the Fitness to Practise Committee in relation to a complaint—

(a) if the Committee finds that no allegation against the registered medical practitioner the subject of the complaint is proved, dismiss the complaint,

(b) if the Committee finds that any allegation against the practitioner is proved, decide under section 71 one or more than one sanction to be imposed on the practitioner.