Fitness to Practise Hearings
The Fitness to Practice Committee is required to consider all cases referred to it. Where an allegation or matter is referred to the Committee it must determine whether or not the fitness to practisc of the person in respect of whom the allegation is made is impaired.
The procedure for hearings is set out in Part 6 of the GPhC Fitness to Practice Rules Order of Council 2010. The Fitness to Practice Committee holds hearings in public. Any hearings regarding health allegations, or interim order hearings, are held in private. If the Committee is satisfied that the public interest in outweighs the interest of the registrant concerned or the third party in maintaining their privacy, then the hearing is held in public (Rule 39). The Committee may receive any evidence (including oral evidence) subject only to the requirements of relevance and fairness. The Committee may consider a breach of the standards of conduct, ethics and performance into account when deciding if the registrant's fitness to practice is impaired The Committee uses the civil standard of proof.
Documents
Prior to a hearing, the Council must serve on the person concerned the documents. Then, that person must serve on the committee secretary an agreed time approximation for the length of the hearing and a completed listing questionnaire.
Case management meetings
Any time preceding a hearing either party may serve on the secretary and the other party a written request for a case management meeting. The request must include the reason for seeking a case management meeting, state what directions are sought and whether the person making the request seeks the participation of the parties at the meeting or if the issues can be managed without oral representations. The Committee secretary will send a copy of the request, along with any other material relevant, to the chair. The chair must concur with the request unless he concludes it is unnecessary or the request is an abuse of process (rules 19, 20 and 21).
Notices of hearing and costs
A Notice of Hearing must be served on the registrant, not less than 28 days before the hearing, unless the registrant agrees otherwise (rule 16).
No less than twenty-four hours before the hearing, the parties are must exchange a schedule of costs and to serve a
copy of their schedules on the Committee Secretariat (rule 46(1)).
Sanctions available to the Fitness to Practice Committee
If the Fitness to Practice Committee determines that the fitness to practice of the person concerned is impaired, it may:
- Give a warning to the person concerned.
- Give advice to any other person or other body involved in the investigation.
- Remove the registrant from the Register
- Give a direction that the entry in the Register of the person concerned be suspended, for such period up to 12 months.
- Place conditions on the registrant's registration for up to three years.
- The Registrar must notify the registrant of any decision made by the Committee, including the reasons for the decision and any right of appeal. In practice, this is done by the Committee Secretariat.
If the Fitness to Practice Committee decides person’s ability to practice is not impaired, it may:
- Give a warning to the registrant
- Give advice to the registrant, or any other person or organisation involved in the investigation
The Committee can also:
- Recommend that the GPhC Council initiate criminal proceedings
Require a registrant to undergo a medical examination
Interim Orders
Article 56 states the where the Fitness to Practice Committee is satisfied:
- It is necessary for the protection of members of the public or;
- Is otherwise in the public interest or;
- Is in the interests of the registrant
for an entry in the Register regarding a registrant suspension or to be made subject to conditions, the Committee may make an order that the entry be suspended for a period up to 18 months or that the entry be conditional upon the registrant complying, for a duration not greater than 18 months, with such requirements as the Committee thinks fit to impose.
After the Committee has made an order, the Committee must review it within 6 months unless the person concerned requests an earlier review.
Appeals
Anyone wishing to appeal a decision of a Committee must appeal directly to the High Court (England and Wales) or the Court of Session (Scotland).
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