Fitness to Practise (Draft)

Fitness practice is designed to identify “the mad, the bad and the dangerous”.

 

Why have it?

In order to:
  • protect the public
  • protect practitioners
  • ensure the good name of the profession

What are the Fitness to Practice guiding principles?

It is vital to have a system for dealing with these issues in which:
  • adheres to the principles of fairness & natural justice
  • there is consistency and transparency
  • confidentiality is paramount
  • timeliness is also essential

How will it operate?

The Fitness to Practice Committee (FTP) is facilitated and supported by the operation of the two sub committees:
  • the Preliminary Proceedings Sub Committee (PPSC)
  • the Health Sub Committee (HSC)
It is proposed that the FPC would deal with ethical issues and that the HSC would deal
with lifestyle issues, including the case of practitioners whose practice may be compromised by
ill health or addiction, and the PPSC would screen or filter complaints or concerns.

How will a complaint be made?

There are a number of circumstances in which an investigation may be initiated, first by the PPSC and then, if appropriate, by the FPC. The indicators that would trigger an investigation may include:
  • conviction of a relevant criminal offence (any offence which would preclude an individual securing employment within the health sector);
  • any action considered by the Council to bring the profession into disrepute;
  • a formal complaint by a member of the public;
  • an official complaint by a registered colleague;
  • a report by an employer to the Registrar regarding alleged misconduct;
  • a complaint against a practitioner by a professional body;
  • the Registrar will also have the statutory power to initiate an investigation for reasons which to him/her seem sufficient.
  


   
PPSC - Composition/Membership (Draft)
  • three persons who are members of the PHECC Register drawn from a standing panel nominated by the profession;
  • one person from another healthcare profession, drawn from a standing panel nominated by the profession;
  • one other person with appropriate legal qualifications;
  • an independent chairperson (Council Member?).

  





FTP - Composition/Membarship (Draft)

  • two persons who are members of the PHECC Register drawn from a standing panel nominated by the profession;
  • an employer representative drawn from a standing panel nominated by the HSE or equivalent;
  • a consumer representative, drawn from a standing panel nominated by Council
  • an independent chairperson with appropriate legal qualifications or access to legal advice (Council Member?).
  


HSC - Composition/Membarship (Draft)

  • two persons who are members of the PHECC Register drawn from a standing panel nominated by the profession;
  • a medical professional drawn from a standing panel nominated by the Council;
  • a consumer representative, drawn from a standing panel nominated by the Council
  • an independent chairperson with access to appropriate legal advice (Council Member?).



   

Authority/Legal Basis

The PHECC Amendment Order charges that PHECC establish a fitness to practice committee to inquire into allegations of professional misconduct and unfitness to engage in the practice of pre-hospital emergency care on the part of persons whose names are entered on the PHECC register.

Council Sanctions

The PHECC Amendment Order (SI 575/2004) clearly specifies the range of sanctions available to Council

“Following the completion of such an inquiry, the Committee shall embody its findings in a report to Council, specifying therein the nature of the allegation, the evidence laid before it and its opinion as to the alleged professional misconduct or fitness to practice or both, of the pre-hospital emergency care practitioner, as the case may be.”

“The Council shall consider the report of the Committee and
the Council may if a finding of professional misconduct or
unfitness to practice has been made, do any or all of the
following:
  • determine that the pre-hospital emergency care practitioner should be advised, admonished or censured.
  • make its determination or the report of the Committee or both available to such persons as it may think appropriate.”
  



   

What about frivolous complaints?

All persons wishing to lodge a formal complaint, including registered professionals, will have to do so by way of a statutory declaration:

This requirement will underline the serious nature of the process and help to guard against frivolous or vexatious complaints;
Underline the serious nature of the process;
Some vulnerable clients, depending on their physical or mental state, will need assistance in making such a declaration;
It is vital to strike a balance between fairness to a client/ service user & fairness to a professional;
Confidentiality is paramount.

Statutory Declarations

What is a Statutory Declaration?

A declaration made under the Statutory Declarations Act, 1938 is known as a Statutory Declaration. Where a person makes a statutory declaration which is false or misleading in any material respect, they are guilty of an offence under the Act which is punishable by a fine and/or imprisonment, or both. Additional details in relation to Statutory Declarations are available at: www.irishstatutebook.ie