Practice Committee Hearings
The Professional Conduct Committee (PCC)
The PCC is charged with determining whether or not a registrant is guilty of serious professional misconduct under the 'old rules', or whether their fitness to practise is impaired under the 'new rules' on the basis of the facts found proved. Where a registrant's fitness to practise is found to be impaired or they are found guilty of serious professional misconduct, the PCC decides whether to impose a sanction.
In conduct cases, the Committee decides whether the facts presented by the Council have been proved. When considering convictions, the Council's advocate produces the certificate of conviction. No facts need to be found proved. The only duty of the PCC is to decide whether (and what) further action needs to be taken against the dental professional.
If all (or some of) the facts are proved, the Committee decides whether the facts that have been found proved amount to serious professional misconduct, under the 'old rules' or impairment under the ' new rules'. If the Committee records a finding of serious professional misconduct or impairment it must then decide what action is to be taken.
Under the ‘new rules’
Any of the Practice Committees can take the following action when a dental professional’s fitness to practise is impaired by reason of misconduct, poor performance or ill health:
- Reprimand
- Conditions
- Suspension with or without a review
- Erasure (except the Health Committee)
- Immediate suspension
- Immediate Conditional Registration
The Committee can also:
- Refer a dental professional to another Practice Committee
- Consider applications from dental professional who would like to restore to the Dental Professionals Register after being erased.
Under the ‘old rules’
The Professional Conduct Committee can take the following action when a dental professional has been found guilty of 'serious professional misconduct':
- Public Admonition
- Postponed Judgement
- Suspension
- Erasure
- Immediate Suspension
The Committee can also:
- Refer a dental professional to the Health Committee,
- Consider applications from dental professional who would like to restore to the Dental Professionals Register after being erased.
Restoring dental professionals to the Register after they have been erased
Under the ‘new rules” a dental professional may apply for restoration 5 years after s/he has been erased. The Practice Committee may decide to restore a practitioner's name subject to certain conditions. The Committee may also decide to impose these conditions with immediate effect.
The Professional Performance Committee (PPC)
PPC deals with cases where it appears that a dental professional’s performance is consistently falling below an acceptable standard. The Committee can impose conditions on a registrant or suspend their registration. While their purpose is first and foremost to protect the public, the procedures may also provide support to the dental professional and enable their return to safe practice wherever possible.
The PPC hearing will be held in public, in principle, with scope to exclude the public where it is necessary in order to achieve the right balance between the individual's right to privacy, the need for public accountability, and the dental professional's right to a fair hearing.
The Health Committee (HC)
The Health Committee (HC) deals with cases where the respondent's fitness to practise as a dental professional or member of a profession complementary to dentistry is impaired by reason of ill health. It can suspend or impose conditions on a dental professional where there is a need to protect the public, the public interest or the registrant themselves. If the Committee decides that a dental professional’s fitness to practise is seriously impaired, it can suspend the dental professional for up to 12 months, or impose conditions on his or her registration for up to 36 months.
Health committee hearings will be held in public, in principle, with scope to exclude the public where it is necessary in order to achieve the right balance between the individual's rights to privacy, the need for public accountability, and registrant's right to a fair hearing.
Appeals
Appeals to the High Court
It is possible to appeal the decision of a GDC Committee. There is a 28 day time limit for appeals (to the Administrative Division of the High Court) starting with date on which notification of decision was served. The decision will not take effect until either the appeal period expires or the appeal is determined. However, the committee can impose an immediate order for suspension or conditions if it feels that this is in the best interests of the public and/or the doctor.
Council for Healthcare Regulatory Excellence
The Council for Healthcare Regulatory Excellence (CHRE) has the power to refer a decision by a Practice Committee to the High Court (or its equivalent elsewhere in the UK) for the protection of the public, if it considers that their decision is unduly lenient.
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