As the COVID-19 pandemic continues the GMC report that they have been receiving requests from doctors to relax or revoke their sanctions or Interim Order Tribunal orders so that they may assist in the global pandemic.
In response to these requests the GMC issued guidance which applies to those doctors who have undertakings which have been offered by Case Examiners and agreed. In addition, doctors who have conditions placed on their registration which have been agreed by either Case Examiners or Interim Orders Tribunal. This guidance also applies to those doctors who are subject to a period of suspension which has been imposed by a Medical Practitioners Tribunal or an Interim Orders Tribunal.
The GMC in their guidance have set out the following requests will be more likely to be successful and will be given priority:
- “A doctor’s role or environment has changed in response to COVID-19 making their conditions or undertakings unworkable or ineffective as compared to a doctor who is seeking to work or change their work in order to contribute.
- Conditions or undertakings as compared with suspensions.
- Interim orders (where no findings have yet been made) as compared with substantive sanctions.
- Sanctions or interim orders that relate solely to public confidence concerns compared to patient safety concerns.
- Changes to sanctions or interim orders that have been in place for some time and are close to the end of their time limit compared to more recent sanctions or interim orders.
- Changes to sanctions where there is evidence of progress with remediation compared to those where there is little or none.”
It is important when considering whether it is appropriate for a relaxation or revocation of sanctions that the GMC will have to meet their overarching objective which is to protect the public and the risk which is posed by the doctor.
If you would like to speak to someone in Gordons Healthcare Regulatory Team to discuss whether they could assist you then please contact either Richard Creamer or Iain Pickering in our Guildford office on 01483 451900. Alternatively, you can email them at richard@gordonsols.co.uk or iain@gordonsols.co.uk
About the Author
Healthcare Regulation Solicitor
D.D: 01483 366041
Tel:01483 451900
Email: lily@gordonsols.co.uk