s 46 Findings of Complaints Committee
46.—(1) After considering any investigation report mentioned in section 51 and any report by a Performance Assessment Panel mentioned in section 52 or Fitness Assessment Panel mentioned in section 53, and upon due inquiry into the complaint or information, a Complaints Committee may, if it is of the view that a formal inquiry by a Disciplinary Tribunal or Health Committee is not necessary, take one or more of the following actions: (a) issue a letter of advice to the registered medical practitioner; (b) issue a letter of warning to the registered medical practitioner; (c) direct the registered medical practitioner to seek and undergo medical or psychiatric treatment or counselling; (d) direct the registered medical practitioner to undertake and complete specified further education or training within a specified period; (e) direct the registered medical practitioner to report, at such times, in such manner and to such person or persons as the Complaints Committee may specify, on the status of —(i) the registered medical practitioner’s physical or mental condition; or (ii) the registered medical practitioner’s medical practice; (f) direct the registered medical practitioner to seek and take advice, from such person or persons as the Complaints Committee may specify, on or in relation to the management of his medical practice; (g) with the agreement of the registered medical practitioner, request the Medical Council to do one or more of the following: (i) remove the registered medical practitioner’s name from the appropriate register; (ii) suspend the registration of the registered medical practitioner from the appropriate register for a period not exceeding 3 years; (iii) where the registered medical practitioner is a fully registered medical practitioner in Part I of the Register of Medical Practitioners — remove his name from Part I of that Register and register him as a medical practitioner with conditional registration in Part II of that Register, and section 21(4), (6), (7), (8) and (9) applies accordingly; (iv) where the registered medical practitioner is registered in any register other than Part I of the Register of Medical Practitioners — impose additional appropriate conditions or restrictions on his registration or vary the conditions or restrictions already imposed under section 21, 23 or 24, as the case may be; (v) suspend or cancel the registered medical practitioner’s practising certificate; (h) dismiss the complaint or information; (i) give such other direction as the Complaints Committee thinks fit. (2) Where a Complaints Committee, based on the facts and evidence before it, determines that cause of sufficient gravity for a formal inquiry exists —(a) where the complaint or information touches on the physical or mental fitness of the registered medical practitioner to practise medicine — (i) the Complaints Committee may, with the agreement of the registered medical practitioner, request the Medical Council to take one or more of the actions in subsection (3); or (ii) in any other case — the Complaints Committee must direct the Medical Council to appoint a Health Committee to hold a formal inquiry; or (b) in any other case — the Complaints Committee must recommend to the Medical Council that a formal inquiry be held by a Disciplinary Tribunal. (3) Upon receiving a request under subsection (2)(a)(i), the Medical Council may do one or more of the following:(a) remove the name of the registered medical practitioner from the appropriate register; (b) suspend the registration of the registered medical practitioner in the appropriate register for such period not exceeding 3 years; (c) where the registered medical practitioner is a fully registered medical practitioner in Part I of the Register of Medical Practitioners — remove his name from Part I of the Register of Medical Practitioners and register him as a medical practitioner with conditional registration in Part II of that Register, and section 21(4), (6), (7), (8) and (9) applies accordingly; (d) where the registered medical practitioner is registered in any register other than Part I of the Register of Medical Practitioners — impose additional appropriate conditions or restrictions on his registration or vary the conditions or restrictions already imposed under section 21, 23 or 24, as the case may be. (4) Where the registered medical practitioner concerned fails to comply with a direction of a Complaints Committee under subsection (1)(c), (d), (e), (f) or (i), a Complaints Committee (whether it is the Complaints Committee that gave the direction or another Complaints Committee appointed in its place) may, if it thinks fit, recommend that a formal inquiry be held by a Disciplinary Tribunal or direct that a formal inquiry be held by a Health Committee (as the case may be) in respect of the complaint or information. (5) Where a Complaints Committee makes a direction under subsection (2)(a)(ii) or (4) that a formal inquiry be held by a Health Committee, the Medical Council must, within one month after receipt of the Complaint Committee’s direction, refer the complaint or information to a Health Committee. (6) Where a Complaints Committee makes a recommendation under subsection (2)(b) or (4) that a formal inquiry be held by a Disciplinary Tribunal —(a) the Complaints Committee must give reasons for its recommendation and also recommend to the Medical Council the charge or charges to be preferred against the registered medical practitioner; and (b) the Medical Council must, within one month after receipt of the Complaints Committee’s recommendation, determine whether it is appropriate for a formal inquiry to be held by a Disciplinary Tribunal. (7) If the Medical Council determines under subsection (6)(b) that it is not appropriate for a formal inquiry to be held by a Disciplinary Tribunal, the Medical Council must notify the complainant and registered medical practitioner of its decision and the reasons for such determination, and may take one or more of the following actions:(a) any action mentioned in subsection (1)(a) to (f) or (h); (b) with the agreement of the registered medical practitioner, take one or more of the actions specified in subsection (1)(g)(i) to (v); (c) give such other direction as the Medical Council thinks fit. (8) If the Medical Council determines under subsection (6)(b) that it is appropriate for a formal inquiry to be held by a Disciplinary Tribunal, the Medical Council must refer the complaint or information to the President of the Disciplinary Commission for the appointment of a Disciplinary Tribunal. (9) A decision of the Complaints Committee under subsection (2)(a)(ii) or (b) or (4), or of the Medical Council under subsection (6)(b), is final. (10) A letter of advice mentioned in subsection (1)(a) that is to be issued by a Complaints Committee under that subsection or the Medical Council under subsection (7) may be issued by the chairman of the Complaints Committee or the President of the Medical Council (as the case may be) on such terms as the Complaints Committee or the Medical Council (as the case may be) thinks fit. (11) Where, in the course of an inquiry, a Complaints Committee receives any information touching on, or evidence of, the conduct of the registered medical practitioner concerned which discloses an offence under any written law, the Complaints Committee must report it to the Medical Council. (12) A Complaints Committee must notify the registered medical practitioner concerned and the complainant of its decision under subsection (1), or under subsection (2)(a)(ii) or (4) to refer the complaint or information to a Health Committee, and give the reason for the Complaints Committee’s decision. (13) Every Complaints Committee must immediately report to the Medical Council its findings, and every decision made under this section. (14) A Complaints Committee completes its inquiry upon the submission of the report mentioned in subsection (13). [Act 34 of 2020 wef 01/07/2022]