PART 5Fitness to practise
Consideration by the Health Committee51
1
Where an allegation is referred to the Health Committee by—
a
the Registrar under rules made under article 49(2)(a);
b
the Investigating Committee under article 50(3)(a)(i) or (ii); or
c
the Disciplinary Committee under rules made under article 59(3)(g),
the Committee shall, except in such circumstances as may be prescribed, determine whether or not the fitness to practise of the person in respect of whom the allegation is made (referred to in this article as “the person concerned”) is impaired.
2
If the Health Committee determines that the person concerned’s fitness to practise is not impaired—
a
the Committee may issue—
i
a warning or advice to the person concerned in connection with any matter arising out of or related to the allegation, and
ii
advice to any other person or other body involved in its investigation of the allegation on any issue arising out of or related to the allegation;
b
the Registrar shall inform the person concerned and the person who made the allegation, if any, of the Committee’s decision and any action it is taking under sub-paragraph (a); and
c
the Committee shall, if the person concerned so requests, publish in such manner as it sees fit a statement summarising its determination, or may publish such a statement if he consents.
3
If the Health Committee determines that the person concerned’s fitness to practise is impaired by reason of adverse physical or mental health, it may—
a
issue—
i
a warning to the person concerned in connection with any matter arising out of or related to the allegation and give a direction that details of the warning must be recorded in the person concerned’s entry in the register, and
ii
advice to any other person or other body involved in its investigation of the allegation on any issue arising out of or related to the allegation;
b
give a direction that the person concerned’s registration shall be suspended, for such period not exceeding 12 months as may be specified in the direction; or
c
give a direction that the person concerned’s registration shall be conditional upon his compliance, during a period specified in the direction not exceeding 3 years, with such requirements specified in the direction as the Committee thinks fit to impose for the protection of the public or in the person concerned’s interests.
4
Where the Health Committee has given a direction under this article, following a review it may if it thinks fit—
a
where the person concerned’s registration is suspended, give a direction that—
i
the suspension be extended for such further period not exceeding 12 months as may be specified in the direction, starting from the time when the period of suspension would otherwise expire,
ii
the person concerned’s registration be suspended indefinitely, if the suspension has already been in force throughout a period of at least 2 years,
iii
in the case of an indefinite suspension, terminate the suspension, provided that the review takes place in the circumstances provided for in paragraph (5), or
iv
on expiry or termination of the period of suspension (including a period of suspension that was expressed to be indefinite), the person concerned’s registration shall be conditional upon his compliance, during a period specified in the direction not exceeding 3 years, with such requirements specified in the direction as the Committee thinks fit to impose for the protection of the public or in the person concerned’s interests;
b
where the person concerned’s registration is conditional upon his compliance with requirements specified in a direction given under this article, give a direction that—
i
the period specified in the direction for compliance with the requirements shall be extended for such further period not exceeding 3 years as may be specified in the direction, starting from the time when the earlier period would otherwise expire,
ii
the requirements be added to, reduced, removed or otherwise varied in such manner as is specified in the direction, or
iii
the person concerned’s registration shall instead be suspended (for example, where he has failed to comply, whether wholly or partly, with the requirements), for such period not exceeding 12 months as may be specified in the direction.
5
If the Health Committee gives a direction under paragraph (4)(a)(ii), the Committee shall review the direction if—
a
the person concerned asks them to do so; and
b
at least two years have elapsed—
i
since the direction took effect, or
ii
if the direction has already been reviewed by the Committee, since the conclusion of the last review by the Committee.
6
If the person concerned is registered in both of the Society’s registers, the Health Committee—
a
shall make separate determinations under this article in relation to each register; and
b
may give a direction under paragraph (3) or (4) in relation to only one of the registers or different directions in relation to each register,
but may otherwise deal with the matter as a single case.
7
If the Health Committee issues a warning or gives a direction under this article, the Registrar shall on its behalf send to the person concerned at his last known home address a statement in writing notifying him of—
a
the reasons for the warning or the direction; and
b
any right of appeal he has under article 56.