Doctors

All doctors who practise medicine in the UK must be registered with the General Medical Council (GMC). One of the functions of the GMC is regulation of the profession in order to ensure a good standard of medical practise.

Obtaining Registration with the GMC

Part of the GMC registration process is the completion of a Declaration of Fitness to Practise. If you have received a conviction, caution, fixed penalty notice or have a fitness to practise history with another regulator/employer, it is likely you will have to provide additional submissions as to why your application should be granted. We have experience in assisting doctors in these circumstances and can advise you on the most appropriate way to respond to any queries raised by the GMC.

Revalidation

In the autumn of 2009 the GMC will introduce licences to practise. All doctors will be required by law to hold a licence if they wish to exercise the privileges currently reserved for registered medical practitioners (such as prescribing medication and signing death certificates). After licensing, a new system called revalidation will begin that will require doctors to renew their licence to practise every five years. The purpose of this new approach to medical regulation is to give patients a regular assurance that licensed doctors are up to date and fit to practise. We are up to date with the current GMC proposals and can provide advice and assistance on this area when the system is implemented.

To read more about revalidation and recertification see the article Revalidation and Recertification - the Future.

Who can complain about a Doctor?

Concerns about a General Medical Practitioner are generally raised by a patient, private healthcare body, NHS Hospital Trust or Primary Care Trust.

If local complaints procedures are inadequate, a referral to the GMC may result if there is an allegation that a doctor’s fitness to practise is impaired. This may be for any one of the following reasons: misconduct; deficient performance; a criminal conviction or caution; physical or mental ill-health or a decision by a regulatory body either in the British Isles or overseas.

GMC procedure

The GMC procedure is divided into two stages: ‘Investigation’ followed by ‘Adjudication’.

Investigation

Two GMC case examiners (one medical and one non-medical) investigate any allegations or concerns, often obtaining further evidence and possibly an assessment of the doctor’s performance and/or health before deciding what action to take. If both case examiners decide that a warning is appropriate, the doctor may exercise their right to an oral hearing before the Investigation Committee. No case can be concluded or referred to the Fitness to Practise panel without the agreement of both case examiners. If the two case examiners do not agree on the appropriate outcome, the case will be decided by a meeting of the Investigation Committee. The Investigation Committee investigates the allegation and decides whether it should be considered by the Fitness to Practise Panel or Interim Orders Panel. If this is the case, the Registrar refers the allegation to the relevant Panel and notifies the Committee’s decision to both the individual subject to allegation and the complainant. If not, the Investigation Committee may issue the doctor a warning.

If the Investigation Committee considers that the doctor could be an immediate risk to patients, or it is in his/her own interest or the public interest, the Interim Orders Panel may suspend or restrict a doctor from practising whilst the GMC continues investigations.

Such an interim suspension order or interim conditional registration shall be reviewed either within every 6 month period; within 3 months if the person concerned request an earlier review; or when new evidence relevant to the order becomes available.

Adjudication

The Fitness to Practise panel comprises the final stage of the GMC’s procedures. A panel consists of specially trained individuals who hear all the evidence and decide whether action is required regarding the doctor’s registration. All aspects of the doctor’s fitness to practise will be considered and there are no longer separate streams for conduct, health and performance. A doctor’s performance is assessed by the Fitness to Practise panel in context of principles set out in the GMC publication Good Medical Practice. The GMC will write to the doctor with details of specific allegations.

We can explain the process leading up to the panel hearing and offer you advice both before and during this stage.

If fitness to practise is impaired the Fitness to Practise panel may decide to:

  1. erase the doctor’s name from the medical register;
  2. suspend the doctor’s name from the medical register for up to 12 months;
  3. put conditions on the doctor’s registration for up to 3 years.

In deciding on the appropriate outcome, the panel may take into account any written undertakings made by the doctor. We can help you with the compilation of these so that they have maximum positive impact on the panel. If fitness to practise is not impaired then Panel may give a warning regarding future conduct. The panel may feel it necessary to impose an order for immediate suspension. Suspension or conditional registration may be extended at a later date.

Failure to comply with requirements imposed as conditions may result in the Panel ordering, except in a health case, erasure from register or suspension for up to 12 months.

Appeal

It is possible to appeal a decision of the Fitness to Practise Panel that the doctor should be erased, suspended or have conditions imposed on registration. There is a 28 day time limit for appeals (to High Court) starting with date on which notification of decision was served. The panel’s decision will not take effect until either the appeal period expires or the appeal is determined. However, the panel can impose an immediate order for suspension or conditions if it feels that this is in the best interests of the public or the doctor.

Restoration

No application may be made to Fitness to Practice Panel (via Registrar) for restoration to the GMC register after disciplinary erasure before 5 years have expired from the date of that erasure, or in any period of 12 months in which an application for restoration has already been made.  Any application will be heard by a Fitness to Practise panel in an oral hearing.  We can assist you with applications for restoration following disciplinary, voluntary and administrative erasure.

Contact us

If you are subject to investigation or sanctions by the GMC you should seek advice immediately. The defence organisations can offer assistance including legal support. If you are not a member of a defence organisation or want your own choice of legal advice, we can offer you expert help and support throughout the GMC investigative and adjudication process. We have extensive experience gained from representing many professionals through their disciplinary proceedings. Please contact us with any queries.