The General Osteopathic Council (Health Committee) (Procedure) Rules Order of Council 2000

PART III HEARING BY THE HEALTH COMMITTEE

Decision of Committee to proceed to hearing

11.  If the osteopath asks for a hearing in accordance with rule 5(b)(i) or in the absence of such a request the Committee decides that there should be a hearing of the case, the Committee shall proceed in accordance with rules 12-26; otherwise it shall proceed under rule 24.

Notice of hearing

12.—(1) The Committee shall send a notice of hearing to the osteopath 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) state the day, time and place at which the Committe will meet to consider the matter; such hearing shall not take place before the end of the period of 28 days beginning with the date on which the notice of hearing is sent;

(c) indicate that the osteopath may be legally represented and also be accompanied by his medical adviser;

(d) invite the osteopath to state whether he proposes to attend the hearing;

(e) inform the oseteopath that he may call witnesses in his defence with or without notice;

(f) invite the osteopath to supply in advance of the hearing any document or report which he may wish to place before the Committee.

(2) The Committee shall send with the notice of hearing copies of any reports or information which it is proposed to present to the Committee other than reports and information of which copies have already been sent to the osteopath.

(3) The Committee shall also identify to the osteopath any document which it is proposed to supplement by the oral evidence of its author at the hearing and shall arrange for statements relating to that evidence to be sent to the osteopath before the beginning of the period of 7 days ending with the date on which the hearing is to be held.

(4) If the osteopath states that he requires a document to be supplemented by the oral evidence of its author, the document shall be presented to the Committee only if the author is called as a witness and is available to be questioned, provided the osteopath gives notice in writing of such a requirement before the beginning of the period of 14 days ending with the date on which the hearing is to be held.

(5) The Committee may at any stage of the proceedings at their discretion either with the consent of the osteopath or if after consultation with the legal assessor it is satisfied that it is desirable to enable it to perform its duty, receive any document a copy of which has not previously been supplied to the osteopath in accordance with the foregoing provisions and whose author has not been called as a witness.

(6) The complainant shall not be entitled to have sight of any medical reports or other confidential information concerning the medical condition of the osteopath.

Postponement of hearing of a case

13.—(1) The Chairman of the Committee may postpone the hearing to such later date or such later meeting of the Committee as he may determine in accordance with paragraph (2).

(2) The Committee shall send to all parties to whom the notice of hearing had been sent notification of the decision to postpone, and of any subsequent date fixed for the hearing of the postponed hearing, which shall not be a date which occurs before the end of the period of 14 days beginning with the day on which the notification is sent.

Preliminary circulation of evidence

14.  Before the hearing the Committee shall supply to each member of the Committee, and to the legal assessor and the medical assessor chosen to advise the Committee on the case, copies of the notice of hearing, of the information and reports sent to the osteopath, of any medical reports and of any observations or other evidence submitted by or on behalf of the osteopath.

Medical assessors

15.—(1) The Chairman shall arrange for one or more medical assessor to attend the hearing.

(2) Such assessors shall be chosen by the Chairman from a list of those approved for this purpose by the Council and they shall perform the duties and functions prescribed for them from time to time in rules made by the Council.

(3) In choosing medical assessors to act in relation to a particular case, the Chairman shall have regard to the nature of the physical or mental condition which is alleged to impair the osteopath’s fitness to practice.

Opening of hearing

16.—(1) The Committee shall sit in private unless the Committee considers that it is appropriate to hold the hearing or any part of it in public.

(2) The osteopath shall be entitled to be present while his case is considered and may also be legally represented and may be accompanied by his medical adviser.

(3) The Committee shall determine:

(a) whether the osteopath has failed to reply within 28 days to a notice sent to him;

(b) whether the osteopath has failed to submit to medical examination.

(4) When the osteopath is neither present nor represented the Committee shall determine whether or not the notice of hearing has been served on the osteopath in accordance with rule 42.

(5) If the Committee is satisfied that the notice has been so served the hearing may proceed if the Committee thinks fit, but if the Committee is not satisfied that the notice has been so served it may—

(a) if in its opinion all reasonable steps have been taken to serve the notice, proceed with the hearing; or

(b) if it is of the opinion that further steps should be taken to serve the notice, adjourn the hearing to a later date to allow this to happen.

Presentation of the case

17.—(1) If the Committe has decided to proceed with the hearing the Chairman shall invite the Solicitor to open the case and to present the evidence by reason of which it is alleged that the osteopath’s fitness to practise is seriously impaired.

(2) If in any case before the opening of the hearing the Solicitor or the osteopath has indicated that he requires that all or part of the information or reports be supported by oral evidence, then the persons on whose testimony or opinions such information or reports depend shall be called as witnesses.

(3) Such witnesses shall be examined by the Solicitor, may be cross-examined by the osteopath or his representative, and may be questioned by the Committee, by any medical assessor and by the legal assessor.

Presentation of the osteopath’s case

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

(2) Any witness called on behalf of the osteopath shall be examined by the osteopath or his representative, may be cross-examined by the Solicitor and may be questioned by the Committee, by any medical assessor and by the legal assessor.

(3) When any evidence has been called on behalf of the osteopath, including any evidence given by the osteopath, the Chairman shall invite the Solicitor to address the Committee.

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

Further Evidence

19.—(1) If the osteopath or his representative indicates at the hearing (not having given notice prior thereto) that he wishes any document presented to the Committee to be supplemented by oral evidence from its author, the Committee shall consult the legal assessor as to whether in the interests of justice the hearing should be adjourned in order to permit the evidence to be given or whether the hearing should proceed on the basis of the documents before the Committee.

(2) When a written statement has been presented to the Committee under the provisions of rule 12 without its author being available and the Committee is of the opinion that it should be supplemented by oral evidence, the hearing may be adjourned to allow the author to be called as a witness and on subsequently resuming the hearing, the Committee may disregard the document unless the author gives oral evidence.

(3) Except with the agreement of the osteopath, no hearing shall be recommenced under these provisions on a date which occurs before the end of the period of 28 days beginning with the date on which notice of resumption is given to the osteopath.

Adjournment of Proceedings

20.  At the conclusion of proceedings under rules 16 to 19, the Committee may formally adjourn the case for a period of not less than 28 days in order to obtain further medical reports or other information as to the physical or mental condition of the osteopath, or in relation to his or her fitness to practise, or with a view to resuming consideration of the osteopath’s fitness to practise at a later date and in such cases the provisions of Part IV of these Rules shall apply to the resumed hearing.

Determination of the Committee

21.—(1) If the Committee decides not to adjourn the case under rule 20, it shall consider and determine whether or not it judges the ability of the osteopath to practise to be seriously impaired because of his physical or mental condition.

(2) In reaching its judgement, the Committee shall be entitled to take account of the osteopath’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 a serious impairment.

(3) Where the osteopath has refused or failed to submit to medical examination after an invitation by the Committee, the Committee shall be entitled to find that the osteopath’s ability to practise is seriously impaired on the basis of the information before them and the osteopath’s refusal or failure to submit to medical examination.

(4) If the osteopath’s ability to practise is judged to be seriously impaired the Committee shall then consider and determine whether it shall be sufficient to direct that the registration of the osteopath shall be conditional on his compliance, during such period not exceeding three years as the Committee may specify, with such conditions as the Committee may think it necessary to impose for the protection of members of the public.

(5) If the Committee so determines it shall then consider and decide what conditions shall be imposed and the Committee may impose more than one condition if that is considered necessary.

Direction for suspension of registration

22.  If the Committee decides that it is not sufficient to impose conditions on an osteopath’s registration it shall direct that the osteopath’s registration be suspended for a period determined by the Committee but not exceeding three years (a suspension order as defined by section 23(2)(b) of the Act).

Announcement of determination

23.  The Chairman shall announce the decision of the Committee and its reasons for reaching that decision in such terms as the Committee may approve and if appropriate the Committee will make a conditions of practice order or a suspension order, which shall not take effect before the end of the period 28 days beginning with the date on which the osteopath is notified of the Committee’s decision, unless immediate suspension is imposed under rule 26(1).

Determination on basis of written material

24.  If the Committee decides that it is not desirable that there should be a hearing of the case and the osteopath has not requested a hearing, the Committee shall consider the case on the basis of the written material provided to it and shall determine it in accordance with rules 21 and 22.

Notification of determination

25.  The Committee shall notify the osteopath and the complainant in writing of the determination of the Committee and the reasons for the decision, and also notify the osteopath of his right of appeal under section 30 of the Act.

Interim Suspension Orders

26.—(1) Where a case has been referred to the Committee and

(a) the Committee has not reached a decision on the matter; or

(b) the Committee has decided to impose a suspension order under rule 22

then the Committee may, if it is satisfied that it is necessary to do so in order to protect members of the public, order the Registrar to suspend the registration of the osteopath concerned (an interim suspension order) in accordance with section 24 of the Act.

(2) Where the Committee considers than an interim suspension order may be appropriate, it shall fix a date, time and place for deciding that question, having regard to the urgency and all the circumstances of the case and shall notify the osteopath of the date, time and place so fixed.

(3) The Committee shall further notify the osteopath of his right to appear before the Committee and to be legally represented.

(4) The Committee may postpone a hearing under this rule or adjourn proceedings as it thinks fit, either on its own motion, or on the request of the osteopath.

(5) A medical assessor may be appointed by the Chairman to be present at any hearing under this rule.

(6) Where the osteopath does not appear and is not represented, the provisions of rule 16(4) and (5) shall apply, and, if the Committee decides to proceed with the hearing—

(a) the Solicitor shall be invited to present the case to the Committee and call such evidence as he wishes to justify an interim suspension order;

(b) the osteopath shall have the right to cross-examine any witness called by the Solicitor who may in turn re-examine such witness;

(c) the osteopath may then present his own case against the making of such an order by calling such evidence as he wishes;

(d) the Solicitor shall have the right to cross-examine such witness on behalf of the Council and the osteopath may in turn re-examine such witness;

(e) the Solicitor and the osteopath may address the Committee; and

(f) members of the Committtee, the legal adviser, and the medical assessor may, with the consent of the Chairman, question a person giving evidence at the hearing.

(7) Save as set out in this rule, the procedure of the Committee in deciding whether to impose an interim suspension order shall be as it may determine.

(8) The Committee shall in private decide whether to impose an interim suspension order and the decision of the Committee shall be given at the conclusion of the hearing and confirmed in writing to the osteopath informing him also of his right to appeal against the decision in accordance with section 24 of the Act.

Revocation of interim suspension orders

27.—(1) The Committee may on the written application of the osteopath revoke an interim suspension order made under rule 26(1) on the grounds stated in section 25 of the Act.

(2) When such an application is made, it shall be heard by the Committee at the first available oppportunity and the Committee shall follow the same procedure as set out in rule 26(3)–(8) save that the osteopath shall be the first invited to present his application and his witnesses and the Solicitor shall then have the right to cross-examine witnesses and to present his own case thereafter.

Cases referred by the Professional Conduct Committee: osteopath’s ability to practise not found to be seriously impaired

28.  If, in any case referred to it by the Professional Conduct Committee, the Committee judges that the ability to practise of the osteopath is not seriously impaired because of his physical or mental condition it shall remit that case to that Committee and notify the osteopath thereof.