Dentists Act, 1985
|
PART V Fitness to Practise | ||
|
Inquiry by Fitness to Practise Committee into conduct of a registered dentist. |
38.—(1) The Council or any person may apply to the Fitness to Practise Committee for an inquiry into the fitness of a registered dentist to practise dentistry on the grounds of— | |
(a) his alleged professional misconduct, or | ||
(b) his alleged unfitness to engage in such practice by reason of physical or mental disability, | ||
and the application shall, subject to the provisions of this Act, be considered by the committee established by the Council under section 13 (2) (b) of this Act (in this Act referred to as the “Fitness to Practise Committee”). | ||
(2) Where an application is made under this section and the Fitness to Practise Committee, after consideration of the application, is of opinion that there is not sufficient cause to warrant the holding of an inquiry, it shall so inform the Council and the Council, having considered the matter, may decide that no further action shall be taken in relation to the matter and shall so inform the Fitness to Practise Committee and the applicant, or it may direct the Committee to hold an inquiry into the matter in accordance with the provisions of this section. | ||
(3) Where an application for an inquiry is made under this section and the Fitness to Practise Committee, after consideration of the application, is either of opinion that there is a prima facie case for holding the inquiry or has been given a direction by the Council under subsection (2) of this section to hold the inquiry, the following shall have effect— | ||
(a) the Fitness to Practise Committee shall proceed to hold the inquiry, | ||
(b) the Registrar, or any other person with the leave of the Fitness to Practise Committee shall present to that Committee the evidence of alleged professional misconduct or unfitness to practise by reason of physical or mental disability, as the case may be, | ||
(c) on completion of the inquiry, the Fitness to Practise Committee shall embody its findings in a report to the Council specifying therein the nature of the application and the evidence laid before it and any other matters in relation to the registered dentist which it may think fit to report including its opinion, having regard to the contents of the report, as to— | ||
(i) the alleged professional misconduct of the registered dentist, or | ||
(ii) the fitness or otherwise of that dentist to engage in the practice of dentistry by reason of his alleged physical or mental disability, | ||
as the case may be. | ||
(4) When it is proposed to hold an inquiry under subsection (3) of this section, the person who is the subject of the inquiry shall be given notice in writing by the Registrar sent by pre-paid post to the address of that person as stated in the register of the nature of the evidence proposed to be considered at the inquiry and that the person and any person representing him shall be given the opportunity of being present at the hearing. | ||
(5) The findings of the Fitness to Practise Committee on any matter referred to it, and the decision of the Council on any report made to it by that Committee shall not be made public without the consent of the person who has been the subject of the inquiry before the Fitness to Practise Committee unless such person has been found, as a result of such inquiry, to be— | ||
(a) guilty of professional misconduct, or | ||
(b) unfit to engage in the practice of dentistry because of physical or mental disability, | ||
as the case may be. | ||
(6) The Fitness to Practise Committee shall, for the purposes of an inquiry held under subsection (3) of this section, have the powers, rights and privileges vested in the High Court or a judge thereof on the hearing of an action in respect of— | ||
(a) the enforcement of the attendance of witnesses and their examination on oath or otherwise, and | ||
(b) the compelling of the production of documents, | ||
and a summons signed by the chairman of the Fitness to Practise Committee or such other member of that Committee as may be authorised by it for that purpose may be substituted for and shall be equivalent to any formal procedure capable of being issued in an action for forcing the attendance of witnesses and compelling the production of documents. | ||
(7) Where— | ||
(a) a person on being duly summoned to attend before the Fitness to Practise Committee makes default in attending, or | ||
(b) a person, being in attendance as a witness before the Fitness to Practise Committee, refuses to take an oath lawfully required by that Committee to be taken, or to produce any document in his power or control lawfully required by that Committee to be produced by him or to answer any question to which that Committee may lawfully require an answer, or | ||
(c) a person, being in attendance before the Fitness to Practise Committee does anything which, if that Committee were a court of law having power to commit for contempt, would be contempt of court, | ||
such person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000. | ||
(8) A witness before the Fitness to Practise Committee shall be entitled to the same immunities and privileges as if he were a witness before the High Court. | ||
(9) If the Fitness to Practise Committee requires the dental records of a patient of any registered dentist to be produced for the purpose of any inquiry conducted by that Committee, such records shall not be made available to the Fitness to Practise Committee without the consent of the patient concerned, unless that Committee specifically directs the registered dentist concerned to produce such records. |