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

PART II ARRANGEMENTS FOR THE INITIAL CONSIDERATION OF CASES

Arrangements for the initial consideration of cases

4.—(1) No case shall be considered by the Committee unless it has been referred to it either—

(a) by the Investigating Committee; or

(b) by the Professional Conduct Committee.

(2) Before considering a case, the Committee shall request the Investigating Committee, or as the case may be the Professional Conduct Committee, to supply to it all the evidence which was before that committee.

(3) Any complaint made directly to the Health Committee shall be immediately referred by the Committee to the Investigating Committee for consideration.

Service of notice

5.  On a referral of a case to the Committee, the Committee shall—

(a) serve notice on the osteopath concerned of the allegation that has been made together with copies of any relevant documentation and a copy of these Rules; and

(b) inform the osteopath of his opportunity to put his case at a hearing, if

(i) before the end of the period of 28 days beginning with the date on which notice of the allegation is sent to him he asks for a hearing; or

(ii) the Committee considers that a hearing is desirable.

Review of information and medical examination

6.  After a case has been referred to the Committee the Chairman—

(a) shall initially review the information and reports from the Investigating Committee or the Professional Conduct Committee on behalf of the Committee and determine whether further information is required; and

(b) may—

(i) request permission from the osteopath to obtain further reports from his medical advisers;

(ii) cause such further enquiries to be made in relation to the matter as he thinks fit, including obtaining a further opinion from a medical assessor on the information or evidence which has been received;

(iii) inviting the osteopath to agree before the end of the period of 14 days beginning with the date on which the invitation was given to submit to examination by one or more medical assessors; and

(iv) inform the osteopath that it is also open to him to nominate any other medical practitioner to examine him at his expense and report on his fitness to practise.

7.—(1) If the osteopath agrees to submit to an examination under rule 6(b)(iii) the Committee shall make the arrangements for examination.

(2) All reports obtained under rule 6(b) shall be referred to the Committtee and supplied to the osteopath.

Action by the Committee following reports of medical examination

8.—(1) Without prejudice to rule 5(b), where the medical assessors and any medical advisers nominated by the osteopath report unanimously that he—

(a) is not fit to practise; or

(b) is not fit to practise except subject to conditions; or

(c) suffers from a recurring or episodic physical or mental condition which, although at the time of examination is in remission, may be expected in future to render him unfit to practise or unfit to practise except subject to conditions

the Committee shall consider whether it judges the ability of the osteopath to be seriously impaired by reason of his physical or mental condition and shall further consider whether it shall be sufficient to direct that the registration of the osteopath shall be conditional on his compliance with a conditions of practice order under section 23(2)(a) of the Act.

(2) If the Committee considers that such a conditions of practice order will be appropriate it shall so inform the osteopath by letter and—

(a) invite him to state before the end of the period of 28 days beginning with the date on which the letter was sent whether he would be prepared to comply with any recommendations in the reports as to the management of his case, including any conditions on his practice which the Committee feels appropriate;

(b) indicate that in that event the Committee would be minded to impose a conditions of practice order and that the matter could be dealt with without the need for a hearing of the case, unless the osteopath requests a hearing;

(c) advise the osteopath that, if he does not wish to accept the conditions of practice proposed, he has the right (in accordance with rule 5) to appear before the Committee to argue his case and that he is entitled to be legally represented at such a hearing.

Acceptance of recommended conditions of practice order

9.  If within the time limit specified in rule 8(2)(a) above the osteopath indicates that he is willing to accept a conditions of practice order as proposed in rule 8(2)(b) then the Committee shall make an order to this effect in accordance with rules 24 and 25.

Desirability of hearing

10.  Subject to rules 8 and 9 and in the absence of a request from the osteopath for a hearing, as soon as may be after the case has been referred the Committee shall decide whether it is desirable that there should be a hearing of the case.