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25 2007

Medical Practitioners Act 2007

PART 9

Imposition of sanctions on registered medical practitioners following reports of Fitness to Practise Committee

Duty of Council to decide on appropriate sanction.

71 .— Subject to sections 57 (6)(a) and 72 , the Council shall, as soon as is practicable after receiving and considering the report referred to in section 69 (1) of the Fitness to Practise Committee in relation to a complaint concerning a registered medical practitioner where section 70 (b) is applicable, decide that one or more than one of the following sanctions be imposed on the practitioner:

(a) an advice or admonishment, or a censure, in writing;

(b) a censure in writing and a fine not exceeding €5,000;

(c) the attachment of conditions to the practitioner’s registration, including restrictions on the practice of medicine that may be engaged in by the practitioner;

(d) the transfer of the practitioner’s registration to another division of the register;

(e) the suspension of the practitioner’s registration for a specified period;

(f) the cancellation of the practitioner’s registration;

(g) a prohibition from applying for a specified period for the restoration of the practitioner’s registration.

Provisions supplementary to section 71.

72 .— (1) The Council shall, on deciding under section 71 to impose a sanction referred to in section 71 (b), (c), (d), (e) or (g) on a registered medical practitioner, specify—

(a) in the case of a sanction referred to in section 71 (b), the amount of the fine imposed on the practitioner,

(b) in the case of a sanction referred to in section 71 (c), the nature of the conditions to be attached to the practitioner’s registration,

(c) in the case of a sanction referred to in section 71 (d), the division of the register to which the practitioner’s registration is to be transferred,

(d) in the case of a sanction referred to in section 71 (e), the period of suspension of the practitioner’s registration,

(e) in the case of a sanction referred to in section 71 (g), the period for which the practitioner is prohibited from applying for the restoration of the practitioner’s registration.

(2) The Council shall not decide under section 71 to impose the sanction referred to in section 71 (f) on a registered medical practitioner on the grounds of a conviction for an offence referred to in section 57 (1)(g) unless—

(a) in the Council’s opinion, the nature of the offence or the circumstances in which it was committed render the practitioner unfit to continue to practise medicine, or

(b) a conviction for such offence would render a person unable to be registered under this Act.

Duty to notify registered medical practitioner of Council’s sanction.

73 .— (1) Subject to subsection (2), the Council shall, as soon as is practicable after deciding under section 71 to impose a sanction on a registered medical practitioner, give notice in writing to the practitioner and, in any case where the Council is not the complainant, the complainant, of—

(a) the nature of the sanction that the Council has decided to impose,

(b) the date on which the decision was made, and

(c) the reasons for the imposition of the sanction.

(2) Where the Council has decided to impose a sanction on a registered medical practitioner other than a sanction referred to in section 71 (a), the Council shall ensure that the notice under subsection (1) is accompanied by a copy of section 75 (and, if section 57 (6)(a) is applicable, a copy of section 57 ).

Confirmation by Court required before certain decisions become effective.

74 .— A decision under section 71 to impose a sanction (other than a sanction referred to in section 71 (a)) on a registered medical practitioner shall not take effect unless the decision is confirmed by the Court on an application under section 75 or 76 .

Appeal to Court against Council’s decision under section 71.

75 .— (1) A registered medical practitioner the subject of a decision under section 71 to impose a sanction (other than a sanction referred to in section 71 (a)) may, not later than 21 days after the practitioner received the notice under section 73 (1) of the decision, appeal to the Court against the decision.

(2) The Court may, on the hearing of an appeal under subsection (1) by a medical practitioner, consider any evidence adduced or argument made, whether or not adduced or made to the Fitness to Practise Committee.

(3) The Court may, on the hearing of an appeal under subsection (1) by a medical practitioner—

(a) either—

(i) confirm the decision the subject of the application, or

(ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision—

(I) to impose a different sanction on the practitioner, or

(II) to impose no sanction on the practitioner,

and

(b) give the Council such directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

(4) The Council shall, on complying with a direction given by the Court under subsection (3), give notice in writing to the medical practitioner concerned of the Council’s compliance with the direction.

Application to Court for confirmation of Council’s decision.

76 .— (1) Where a registered medical practitioner does not, within the period allowed under section 75 (1), appeal to the Court against a decision under section 71 to impose a sanction (other than a sanction referred to in section 71 (a)) on the practitioner, the Council shall, as soon as is practicable after the expiration of that period, make an application to the Court for the confirmation of the decision.

(2) An application under subsection (1) may be made on an ex parte basis.

(3) The Court shall, on the hearing of an application under subsection (1), confirm the decision under section 71 the subject of the application unless the Court sees good reason not to do so.

Evidence relating to appeal under section 75 (1) or application under section 76 (1) to Court.

77 .— (1) The Court may, on the hearing of an appeal under section 75 (1) or an application under section 76 (1), admit and have regard to the evidence of any person of good standing in the medical profession as to what constitutes professional misconduct or poor professional performance in relation to the practice of that profession.

(2) The decision of the Court on an appeal under section 75 (1) or an application under section 76 (1) is final except that the Council or the medical practitioner to whom the decision relates may, by leave of the Court or Supreme Court, appeal against the decision to the Supreme Court on a specified question of law.

Duty to notify registered medical practitioner of compliance with decisions confirmed or given by Court.

78 .— (1) The Council shall, on complying with a decision confirmed or given by the Court under section 75 or 76 to attach conditions to the registration of a medical practitioner, give notice in writing to the practitioner of the conditions as soon as is practicable after complying with section 43 (6) in respect of the conditions.

(2) The Council shall, on complying with a decision confirmed or given by the Court under section 75 or 76 to transfer a registered medical practitioner’s registration to another division of the register—

(a) transfer the practitioner’s registration to the division concerned, and

(b) give notice in writing to the practitioner of the division to which the practitioner’s registration has been transferred as soon as is practicable after effecting such transfer.

(3) The Council shall, on complying with a decision confirmed or given by the Court under section 75 or 76 to suspend for a specified period or to cancel the registration of a medical practitioner, give notice in writing to the practitioner of—

(a) the suspension or cancellation, as the case may be, and

(b) in the case of a suspension, the period, beginning not earlier than 7 days after the date of the Court’s decision, during which the registration is to be suspended.

(4) For the avoidance of doubt, it is hereby declared that where the registration of a medical practitioner is suspended in compliance with a decision confirmed or given by the Court under section 75 or 76 to suspend that registration for a specified period—

(a) subject to paragraphs (b) and (c), this Act shall apply to the practitioner during that period as if the practitioner were an unregistered medical practitioner,

(b) section 40 shall not apply to the practitioner during that period to the extent only that the practitioner uses a title referred to in that section which would not be a contravention of that section if the practitioner’s registration were not suspended, and

(c) if the practitioner is a visiting EEA practitioner, section 50 shall not apply to the practitioner during that period.

Removal of registration for failure to pay fee.

79 .— (1) Subject to subsection (2), where a registered medical practitioner fails to pay an appropriate fee required to be paid by the practitioner notwithstanding that a reminder notice to pay the fee has been sent to the practitioner at the practitioner’s registered address, the Council may, not earlier than 21 days after that reminder has been sent, remove the practitioner’s registration.

(2) The Council shall not exercise its power under subsection (1) in the case of a registered medical practitioner the subject of a complaint which has not been disposed of or otherwise dealt with under Part 7 and, if applicable, Part 8 and this Part.

Restoration, etc., of registration following payment of certain fees.

80 .— Where a medical practitioner’s registration has been removed pursuant only to section 79 , the chief executive officer shall restore that registration if—

(a) within 6 months after the date on which the appropriate fee became due, the practitioner makes an application to the Council for the restoration of the practitioner’s registration, and

(b) the practitioner pays to the Council the appropriate fees.

Restoration of registration which has been cancelled.

81 .— (1) The Council shall not restore a medical practitioner’s registration which has been cancelled except in accordance with this section.

(2) The Council may at any time decide to restore the registration of a medical practitioner whose registration has been cancelled if—

(a) the practitioner has requested the Council to make the decision and has paid the appropriate fee required at the time of the request for restoration,

(b) the practitioner is not prohibited under this Part from applying for restoration of the registration,

(c) the practitioner has been given an opportunity to make an oral or written submission to the Council,

(d) the Council has considered any submission made under paragraph (c) and the criteria specified in rules made under section 11 for the restoration of registration pursuant to this section, and

(e) after considering all relevant facts, the Council considers it appropriate to make the decision.

(3) The Council may on deciding to restore a medical practitioner’s registration, also decide to attach to the registration any conditions that the Council considers appropriate.

(4) The Council shall, on deciding to restore a medical practitioner’s registration or to attach conditions to the registration of a medical practitioner whose registration has been so restored, give notice in writing to the practitioner of the restoration and, if applicable, of the attachment of the conditions as soon as is practicable after—

(a) restoring the registration, or

(b) restoring the registration and complying with section 43 (6) in respect of the conditions,

as the case may be.

(5) The Council shall, on deciding to refuse to restore a medical practitioner’s registration, give notice in writing (accompanied by a copy of section 83 ), as soon as is practicable after making the decision, to the practitioner of—

(a) the decision,

(b) the date on which the decision was made, and

(c) the reasons for the decision.

Removal of conditions attached to registration.

82 .— (1) The Council may at any time decide to remove all or any conditions, to which this section applies pursuant to subsection (4), attached to the registration of a registered medical practitioner if—

(a) the practitioner has requested the Council to make the decision,

(b) the practitioner has been given an opportunity to make an oral or written submission to the Council,

(c) the Council has considered any submission made under paragraph (b) and any other relevant information that has come to its attention, and

(d) after considering all relevant facts, the Council considers it appropriate to make the decision.

(2) The Council shall, on deciding to remove any or all conditions referred to in subsection (1) attached to the registration of a registered medical practitioner, give notice in writing to the practitioner of their removal.

(3) The Council shall, on deciding to refuse to remove any condition referred to in subsection (1) attached to the registration of a medical practitioner, give notice in writing (accompanied by a copy of section 83 ), as soon as is practicable after making the decision, to the practitioner of—

(a) the decision,

(b) the date on which the decision was made, and

(c) the reasons for the decision.

(4) This section applies to any conditions attached to the registration of a medical practitioner pursuant to—

(a) a decision referred to in section 78 (1), or

(b) section 81 (3).

Appeal to Court against Council’s decision under section 81 or 82 .

83 .— (1) A medical practitioner the subject of a decision made by the Council—

(a) under section 81 to refuse to restore the practitioner’s registration or to attach conditions to the practitioner’s registration, or

(b) under section 82 to refuse to remove a condition to which that section applies attached to the person’s registration,

may, not later than 21 days after the practitioner received notice of the decision under section 81 (5) or 82 (3), as the case may be, appeal to the Court against the decision.

(2) The Court may, on the hearing of an appeal under subsection (1) by a medical practitioner, consider any evidence adduced or argument made, whether or not adduced or made to the Council.

(3) The Court may, on the hearing of an appeal under subsection (1) by a medical practitioner—

(a) either—

(i) confirm the decision the subject of the appeal, or

(ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision—

(I) to restore the registration of the practitioner in such division of the register as the Court considers appropriate and—

(A) with no conditions attached to the registration, or

(B) with such conditions attached to the registration as the Court considers appropriate,

or

(II) to remove the conditions attached to the practitioner’s registration or replace conditions attached to the registration of the practitioner with such other conditions as the Court considers appropriate,

and

(b) give the Council such directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

(4) The Council shall, on complying with any direction given by Court under subsection (3), give notice in writing to the medical practitioner concerned of the Council’s compliance with the direction.

Notification to Minister, Health Service Executive and employer of certain matters relating to sanctions.

84 .— (1) The Council shall give notice in writing to the Minister and the Health Service Executive as soon as is practicable after any of the following measures take effect under this Part:

(a) the cancellation of a medical practitioner’s registration;

(b) the restoration of a medical practitioner’s registration;

(c) the removal of a medical practitioner’s registration;

(d) the suspension of a medical practitioner’s registration;

(e) the termination of the period during which a medical practitioner’s registration is suspended;

(f) the transfer of a medical practitioner’s registration to another division of the register;

(g) the attachment of conditions to a medical practitioner’s registration;

(h) the removal of conditions attached under this Part to the registration of a medical practitioner’s registration;

(i) the prohibiting of a medical practitioner from applying for a specified period for the restoration of the practitioner’s registration;

(j) the censuring and fining of a registered medical practitioner;

(k) the censuring of a registered medical practitioner.

(2) Where it comes to the Council’s attention that, under the law of a state other than the State, a measure corresponding to one referred to in any of paragraphs (a) to (k) of subsection (1) has been taken in relation to a registered medical practitioner, the Council shall, as soon as is practicable, give notice in writing to the Minister and the Health Service Executive of the measure.

(3) The Council shall give notice in writing to an employer (other than the Health Service Executive) where—

(a) it comes to the Council’s attention that any measure referred to in subsection (1) or (2) has been taken in relation to a registered medical practitioner employed by the employer, and

(b) the employer’s name is known to the Council.

(4) Where—

(a) it comes to the Council’s attention that any measure referred to in subsection (1) or (2) has been taken in relation to a registered medical practitioner, and

(b) the Council has reason to believe that—

(i) the practitioner is registered in another jurisdiction, and

(ii) those measures may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council,

the Council shall give notice in writing to that body of those measures.

Information Council may publish in public interest.

85 .— The Council shall, if satisfied that it is in the public interest to do so—

(a) advise the public when—

(i) any measure referred to in section 84 (1) takes effect under this Part in respect of a medical practitioner,

(ii) any measure referred to in section 84 (2) in respect of a medical practitioner comes to the knowledge of the Council,

(b) after consultation with the Fitness to Practise Committee, publish a transcript of all or any part of the proceedings of the Committee at an inquiry, whether with or without any information which would enable all, or any one or more than one, of the parties to the proceedings to be identified.