The Democratic Orthopathic
Council (DOC)
Code of Ethics &
Conduct
The Association of Orthopathic Practioners Ltd.
Revised 1/10/2010
Contents: Page
Introduction 2
Section 1 - Key principles for practice 3
Section 2 - The Patient/Practitioner Relationship 4 Clarity
of Contract
Informed consent 5
Referrals
Hospital Treatment
Records and record
keeping 6
Confidentiality and
Disclosure
Section 3 - Professional obligations 6
Competence and
Continuing Professional Development
Professional
practice 7
Contact with
relatives/other interested parties
Child Protection
Inappropriate use of
patient related materials
Professional
boundaries
Research 8
Section 4 - Legal Obligations 8
Criminal
and civil law
Data Protection
Advertising and
Media
Potential
misrepresentation 9
Notifiable diseases
Treatment of animals
Section 5 - Organizational Issues 9
Premises
Insurance
Section 6 - Practice Issues 10
Problems with health
When trust is
compromised
Complaints
The
Preliminary Investigation Committee
The DOC
Professional Conduct Committee 12
Introduction
The aim of the
Code of Ethics and Practice is to encourage integrity and
responsibility
in the practice orthopathy.
Orthopaths
should conduct themselves with truthfulness and dignity at all times in
relation to
their dealings with patients, and colleagues.
The Code
describes the standards of conduct and practice Democratic Orthopathic Council
(DOC) expects of its registered members.
An orthopath has,
by becoming a registered member of DOC, agreed to observe and be bound by and
observe the Code of Ethics and Practice; to abide by the regulations of DOC and
to secure and maintain professional indemnity insurance in respect of their
professional practice.
This Code will
form the basis upon which the conduct of any registered member will be assessed
in the event of a complaint, although it cannot be regarded as exhaustive.
The purpose of DOCÕs
professional conduct procedures is to ensure that any complaint made against a
registered member of DOC is processed in a fair, transparent and impartial
manner.
The Code is intended
to act as guidance and assistance to its registered members and to protect the
interests of the public. The first concern of registered members are the needs
of the patient within the context of ethical professional conduct.
Patients are
entitled to rely upon and trust their healthcare practitioners.
Registered
members are expected to maintain high standards of care, competence and
conduct.
Orthopaths
should recognize that communication is a two-way process which is the basis of
a good patient/practitioner relationship. It is misunderstandings in this relationship
that form the basis of a significant number of complaints.
DOC encourages,
where possible, the resolution of differences between registered members and
potential complainants through informal mediation before entering into a formal
complaint procedure. It is the nature of professional practice that many
decisions fall into areas where there is no absolute right and wrong and where
a series of conflicting obligations may have to be considered. The Code offers
sound guidance on these issues and indicates areas where particular challenges
may arise. When in doubt, registered members are encouraged to seek advice from DOC
It is the
responsibility of every orthopath registered with DOC to be familiar with the
content of this Code and to be able to explain its requirements satisfactorily
to their patients.
Throughout this
Code, references to specific legislation or laws shall include every
modification,
consolidation, and re-enactment, and extension of them for the time
being in force.
Where written, the singular also includes the plural.
Section 1 - Key
principles for practice
These principles
are for guidance and are not intended to be exhaustive. It is expected
that the
relationship between practitioner and patient is one of mutual respect. Every
orthopath
registered with DOC is expected to:
1.1 Put the
individual needs of the patient first.
1.2 Respect the
privacy and dignity of patients.
1.3 Treat
everyone fairly, respectfully, sensitively and appropriately without
discrimination.
1.4 Work to
foster and maintain the trust of individual patients and the public.
1.5 Listen
actively and respect the individual patientÕs views and their right to
personal choice.
1.6 Encourage
patients to take responsibility for their own health, through
discussion and
provision of information.
1.7
Comprehensively record any history the patient may give and the advice and
treatment the
registered member has provided.
1.8 Provide
comprehensive clear and balanced information to allow patients to
make informed
choices.
1.9 Respect and
protect patient confidentiality.
1.10 Disclose
confidential information only in clearly defined circumstances.
1.11 Maintain
and develop professional knowledge and skills.
1.12 Practise
only within the boundaries of their own competence.
1.13 Respond
promptly and constructively to concerns, criticisms and complaints.
1.14 Respect the
skills of other health care professionals and where possible work
in cooperation
with them.
1.15 Comply with
the current legislation of the country, state or territory where
they are
practising.
Section 2 - The
Patient/Practitioner Relationship
Clarity of
Contract
1 To ensure that
the patient is always able to make informed choices with regard to
their
healthcare, registered members must give full and clear information about their
services when commencing orthopathic treatment. This will include written information
about the nature of the treatment, charges, availability for advice,
confidentiality and security of records.
Informed consent
2 To ensure that
the patient or their authorized representative is able to give informed consent
with regard to healthcare, registered members must give clear and sufficient
information about the nature of orthopathic treatment, its scope and its
limitations, before treatment begins and as appropriate during treatment.
3 Registered
members may also be in a position to offer other complementary therapies. Where
another therapy is offered, they must inform the patient prior to treatment
about the other therapy and indicate their relevant qualifications,
registration with any relevant registering body and adherence to a separate
Code of Conduct. And gain informed consent prior to this treatment being
commenced.
Referrals
4 Referrals can
only be made to other practitioners with the patientÕs consent. The
practitioner
should ensure that to the best of their knowledge, the practitioner to whom
they refer is fully qualified and insured to practice.
5 Patients may
refer themselves, in which case the orthopath should discuss with their
patients the importance of informing their GP and other healthcare professionals
if appropriate. The responsibility for altering any prescribed medication lies
with the patient and the prescribing practitioner.
6 Patients may
be referred by a GP, in which case the GP will retain overall clinical
responsibility
for that patient.
7 Patients may
be referred by another orthopath or health care practitioner, in which case
details of such referrals may be recorded in writing in the notes.
8 If at any time
the patient declines to give consent for the registered member to make contact
with their GP or other healthcare practitioner, their wishes are to be
respected, and recorded in the notes. Confidentiality will be maintained at all
times except where the practitioner has serious concerns that the patient may
harm themselves or others in which case they should inform the appropriate
authority, they are obliged by law to disclose information.
9 Continuity of
care is important. If a new patient has received treatment within the
last six months
from another orthopath, the patientÕs permission should be sought
to contact the
previous orthopath to obtain details of that treatment. If the patient
does not agree
to this, a note of their refusal should be recorded and the patient
should be made
aware that this may adversely affect the continuity of their care.
Hospital
Treatment
10 Where a
patient requests orthopathic treatment to be initiated or continued
within a
clinical setting, e.g. hospital or hospice, the registered will inform the
patient or their representative of the need to notify the person with overall
clinical responsibility. The orthopath may offer to write to this person on
their behalf before commencing treatment.
Records and
record keeping
11 All case
notes must be clear, legible, current and kept up to date and contain all
the relevant
information relating to the progress of the case, for example, treatment and
any advice that has been given, whether the patientÕs condition has improved,
been maintained or deteriorated since they were last seen. This is important
for patient care and essential should the registered member at any time be
involved in complaints or legal proceedings. The notes should be kept for seven
years after the patient was last treated and in the case of children, seven
years from their eighteenth birthday.
12 For any
advice given by telephone or electronic communication, written details
should be
recorded and included with the notes.
13 Where a
patient requests the record of their treatment in writing, or asks that the
record be
forwarded to another orthopath or other practitioner, it is important to send
relevant information from that patientÕs case notes as quickly a possible. The
full original notes should be retained in accordance with requirements of the
law.
Confidentiality
and Disclosure
14 Registered
members must ensure that patient information is kept secure and confidential
unless the patient agrees otherwise in writing or where required to disclose by
law.
Confidentiality
will be maintained at all times except where
¥ the
practitioner has serious concerns that the patient may harm themselves or others
in which case they should inform the appropriate authority,
¥ they are
obliged by law to disclose information.
15 A registered
member must be accurate and factual when writing reports, completing or signing
forms or certificates or if required to give evidence in court or a tribunal.
Section 3 -
Professional obligations
Competence and
Continuing Professional Development
16 Registered
members will be aware of the limits of their professional competence and where
appropriate, will refer to other practitioners ensuring that the practitioner
to whom they refer is suitably qualified.
17 Registered
members should regularly monitor and evaluate their clinical skills and
actively extend their knowledge base and their own personal development through
continuing professional development.
18 Evidence of
continuing professional development will be taken into account when hearing
allegations regarding a registered memberÕs professional conduct or competence.
Professional practice
19 The patient
has the right to know and the orthopath is obliged to offer, the name of any
prescribed remedies.
20 Clear
instructions for taking the medication must be given for each prescription made.
21 A physical
examination of a child under 16 should not be undertaken other than
in the presence
of a parent or patientÕs representative and with the childÕs consent.
22 The
practitioner is responsible for making clear arrangements for patient care if
they are absent
from practice for any length of time. If a locum is used then the registered
member is responsible for ensuring that they are suitably qualified and
insured.
Contact with
relatives/other interested parties
23 Where a
member of a patientÕs family or a friend or other person connected with
a patient,
initiates contact with the registered member, it is the responsibility of the
registered member to listen carefully to their concerns without breaching confidentiality
or contradicting the wishes of the patient. No instructions in relation to
treatment should be taken on behalf of a patient unless that person has power
of attorney.
Child Protection
24 When there is
evidence or strong suspicion of a young person being at risk, the
registered
member is required to contact the appropriate officer at the Social Services
Department or relevant department.
Inappropriate
use of patient related materials
25 Registered
members must obtain written permission for recording any part of the
consultation. They should avoid recording on film, video or through digital techniques,
any material or imagery concerning a patient which might be regarded as
explicit, indecent or pornographic.
26 Registered
members will only use film, tape recording or digital imagery of material
concerning a patient with that patientÕs clear, informed, written consent to
the precise use of the material. The material may only be used in a
confidential setting. The patient will be given explicit information as to the
purpose the material is to be used for. Permission may be revoked at any time.
The patient should not feel pressured to give consent. If the registered member
wishes to use the material for a different purpose than the one given, a
supplementary permission must be obtained.
Professional
boundaries
27 It is never
appropriate for a registered member to pursue or enter into an intimate
relationship with a patient, student or supervisee. Such a relationship is
potentially abusive of the person concerned and undermines the relationship of
trust. Registered members should ensure that a professional relationship is
maintained at all times.
28 Where a
registered member needs support to manage a potentially difficult situation of
this nature, guidance should be sought from supervision, or from the
Professional Conduct Officer for DOC.
Research
29 Registered
members intending to undertake research must be familiar with and abide by
current research ethics requirements, research governance and all relevant
statutory obligations.
Section 4 -
Legal Obligations
Criminal and
civil law
30 Registered
members are required to comply with the criminal and relevant civil law of the
country, state or territory where they are practising.
31 Registered
members must observe and are responsible for keeping up to date with all
legislation and regulations relating directly or indirectly relating to the
practice of orthopathy.
32 References to
any legislation or regulations throughout this code shall include any
amendments or
other alterations, repeals or replacements made in law since the date they came
into force. Any reference to the singular shall include the plural and
references to the feminine shall include the masculine.
Data Protection
33 Where any
patient records are stored electronically registered members must comply with
the Data Protection Act.
34 In order to
comply with the Data Protection Act and other relevant legislation, full
and clear
records of all treatments of patients are taken, kept and stored for at least seven
years from the date of the last appointment and in the case of children, at least
seven years from their eighteenth birthday.
35 Patients have
rights of access to their health records in accordance with the requirements of
the law. Registered members are entitled to make an administrative charge if a
patient wishes to have a copy of their notes. The original notes are the
property of the orthopath.
Advertising and
Media
36 All
advertising must be published in a way that conforms to the law and to (the
guidance issued
in the British Code of Advertising Practice).
37 Professional
advertising must be factual and not seek to mislead or deceive, or
make unrealistic
or extravagant claims. Advertising may indicate special interests but must not
make claims of superiority or disparage professional colleagues or other
professionals. No promise of cure, either implicit or explicit, should be made
of any named disease. All research should be presented clearly honestly and
without distortion, all speculative theories will be stated as such and clearly
distinguished.
38 Advertising
content and the way it is distributed must not put prospective patients under
pressure to consult or seek treatment from a registered member.
Potential
misrepresentation
39 The use of
the title ÔDoctorÕ should be avoided, when the use of that title may create a
false impression that the individual concerned is a registered medical
practitioner or entitled to be a registered medical practitioner in the United
Kingdom.
40 Reference to
assistants as ÔNurseÕ is not acceptable unless the individual concerned is
registered with the Nursing and Midwifery Council (NMC).
41 Claims,
whether explicit or implied, orally or in writing, implying cure of any
named disease
must be avoided.
Notifiable
diseases
42 Registered
members should be aware of those diseases whichare notifiable under the Public
Health (Control of Disease) Act, and take appropriate action in these cases,
referring the patient to their Primary Health Care Professional.
Treatment of
animals
43 Registered
members should be aware of and observe the law with regard to the treatment of
animals with orthopathy.
Section 5 -
Organizational Issues
Premises
44 Registered
members must comply with national and local legal obligations and regulations
regarding premises and the safety of staff and patient facilities. Premises,
equipment and medicines are to be kept in a serviceable, hygienic and secure
condition.
45 A regular
review of facilities and working practices must be undertaken to ensure
they comply with
current standards. Registered members should be aware of their responsibilities
under Health and Safety legislation (Health & Safety Act 1974) and other relevant
legislation whether employer, employee or self-employed.
Insurance
46 Practising
registered members shall have appropriate professional indemnity insurance
cover at all times.
Section 6 -
Practice Issues
Problems with
health
47 If the mental,
emotional or physical health of a registered member is impaired for any reason,
and patients may be put at risk, the registered member must seek and follow
professional advice on whether, and how, to modify their practice so as to
safeguard the interests of their patients. It may be necessary to stop
practising or to receive professional supervision in order to establish fitness
to practise. The registered member should inform the registrar in confidence,
if this is the case. If a registered member has any concerns about another
registered memberÕs mental, emotional or physical health, they should seek appropriate
advice from the Professional Conduct Officer.
48 In the event
of the retirement, illness or death of a registered member, arrangements must be
made to ensure that patients are notified and their notes are, with their
consent, passed to any successor practitioner.
When trust is
compromised
49 Where, for
whatever reason, the necessary relationship of mutual trust breaks down, either
the registered member or the patient may terminate the professional
relationship. If this happens, the registered member should ensure that the
patient has an alternative source of orthopathic care if they want it. With the
patientÕs permission, the new practitioner should be provided with sufficient
information to take over responsibility for the patientÕs care without delay.
Complaints
50 Orthopaths
trained to DOC standards and who follow the guidance in this Code are able to
practise orthopathy safely, competently and ethically.
However, if for
whatever reason, their practice is brought into doubt and the matter cannot be
resolved by mediation between the registered member and the complainant, the
matter should be referred to DOC.
51 Patients,
members of the public, other professionals and those registered with DOC have
the right to complain to the Professional Conduct Department of DOC if they
perceive that a registered member has not treated them, or conducted themselves,
in accordance with this Code.
52 Registered
members should ensure that a patient has clear information about how to express
any concern they may have about their treatment. In handling any complaint
directly, the registered member should act promptly and constructively, putting
the interests of the patient first, and co-operating fully with any external
investigation.
53 Any patient
bringing an apparent failure in care, as described within this Code, to
the registered
memberÕs attention is entitled to proper investigation and a sensitive
explanation of what has occurred. The registered member will take the
initiative to put things right, and, where appropriate, offer a suitable
apology and assurance that steps have been taken to prevent re-occurrence.
54 Registered
members are encouraged at an early stage to ensure that any steps taken are in
conjunction with DOCÕs Professional Conduct processes.
55 The
procedures and powers of DOC provide a mechanism for patients, members of the
public, other professionals or registered members of DOC to raise allegations
of professional misconduct and for registered members involved to have the
right to respond to any such allegations.
56 The conduct
of any registered member may have an impact on their reputation and the
reputation of orthopathy. Such conduct may occur within or outside their
professional practice and it may be necessary for such matters to be brought to
the attention of DOC for consideration under the Professional Conduct
Procedures. It may also be necessary in certain circumstances, including but
not limited to criminal or other legal proceedings being implemented, to
suspend or remove a registered member from the register.
57.
The DOC's disciplinary powers and procedures are set out in the above Code of
Ethics & Practice. Applicants for membership make a solemn affirmation to
keep the DOC's rules and regulations. After election to membership Code of
Ethics & Practice form a binding contract between the member and the DOC,
and between the members themselves.. The procedures are summarized in the
following paragraphs.
The
Democratic Orthopathic Council System of Committees
58.
Allegations of Professional Misconduct will be dealt with through a three-tier
system of internal disciplinary committees. Complaints will be examined
initially by the Investigation Committee primarily to establish whether or not
there is a case to be answered; this Committee will have powers to take limited
disciplinary action where it considers by a formal tribunal.
Serious matters will be referred
to the Professional Conduct Committee. Representations against the findings of
the Professional Conduct Committee may be made as of right to the Appeals
Committee whose decision will be binding on all parties.
59.
The aim of the committees is to decide whether or not alleged conduct by a
specified member constitutes Professional Misconduct according to the standards
of the day. Individuals who have a personal interest in a case, or who have sat
on an earlier committee dealing with it, will not be eligible for membership of
the relevant next tier disciplinary committee. Each committee will be
responsible to report its findings, and disciplinary action taken if any in a
report to the registrar. The
Registrar of the DOC. will maintain a register of complaints, and the actions
taken on them, and will publish written reports of hearings by the Professional
Conduct and Appeals Committees.
The
Preliminary Investigation Committee
Composition
60.
The Investigation Committee will be elected annually by Council and will
consist of four members, elected from the General council. The committee
members will elect a chairman from among themselves. The investigating
committee will consist of not less than the Chairman and three other members,
who will investigate any individual case. The registrar of the DOC. will act as
Secretary to the Committee.
Procedures
61.
On the receipt by the Registrar of the DOC of a complaint, which may include
notification of a criminal conviction, the Chairman of the Preliminary
Investigation Committee will be informed. A letter will then be sent to the
member against whom the complaint is made, identifying the nature of the
complaint, requesting a written explanation and informing him that any
information submitted may be used by any of the disciplinary committees in
reaching a decision. The Chairman or the Registrar may make any further
inquiries which they consider necessary to establish the facts, including
carrying out an inspection of the member's premises. The Committee may consider
the complaint in consultation out-of-committee on the basis of written evidence
or it may convene in formal meeting, held in private, if the Chairman feels
that this is in the best interests of justice.
62:1.
Having considered the evidence the Committee may: a. adjourn its deliberations
pending further inquiries, or
62:2. Dismiss the complaint and
inform the member, and plaintiff, that no further action will be taken; or
62:3. Refer the matter to the
Chairman of Council for investigation under the rules concerning failing health
(see paragraphs 72-74); or
62:4. Refer the complaint to the
Professional Conduct Committee for hearing; or
62:5. Issue a written warning to
the member against whom the complaint has been made as to his future conduct.
In this case the member will be told that a copy of the letter will be placed
on his file, and that he may make a demand, which must be made within 21
working days, for a hearing before the Professional Conduct Committee if he
wishes to clear his name.
Provisional Suspension of
Registration
63.
If the Committee considers it essential to the safety of patients or to the reputation
of the DOC and the profession, that the registration of the member should be suspended
immediately. It must give the member an opportunity of appearing before it in
formal session. It may then advise the Registrar or the Chairman of the Council
to suspend the member's registration for a period not exceeding three months
and the Chairman shall have the power to do so. The Professional Conduct
Committee must hear the case, before that period has expired or the suspension
will lapse automatically. Whilst the suspension may lapse, the case to be heard
may not be disregarded until the case has been resolved by the committee and a
final decision made.
The
DOC Professional Conduct Committee
Composition
64:1
The Professional Conduct Committee (PCC) will consist of a Chairperson, who
will be elected by the PCC committee members.
64:2 If the chairman of the
general council is a member of the committee he/she shall be the chairman, if
he /she is not a member of the committee the members shall elect a chairperson
from among those members who are not co-opted members.
64:3 The PCC shall consist of at
least 4 members of the general council.
64:4 The committee may co-op up to
4 further members.
64:5 In the event of a tie in
voting, the chairman shall have an additional casting vote.
64:6 The Chairman of Council may
co-opt a lay member as well if the Chairman of the Professional Conduct
Committee advises him that the nature of the complaint referred to the
Committee makes this appropriate. The Registrar of the DOC will act as
Secretary to the Committee. The member against whom the complaint is made will
be notified of the names of the members and any legal assessor appointed to the
Professional Conduct Committee to hear the complaint. The member has the right
to object, not less than seven days before the hearing, to any member or
members of the committee, giving the reasons for his objection. If the Chairman
of the Committee upholds the objection the member will be replaced.
65.
A member will receive not less than twenty-eight days' written notice of the
date upon which the hearing before the Professional Conduct Committee will take
place together with a summary of his rights and any further details of the
complaint not previously provided. The Chairman may adjourn the proceedings and
call for additional evidence in which case the member will be given at least
fourteen days' notice of the date when the proceedings will resume.
66.
The Chairman of the Preliminary Investigation Committee, which enquired into
the complaint, will present the case to the Professional Conduct Committee
unless the latter committee agrees that some other person should do so. The
Chairman of the Professional Conduct Committee may determine how the proceedings
are to be conducted and may rule upon the admissibility of evidence. The Committee may hear witnesses and
may consider documentary evidence before reaching a decision. The proceedings
will normally be open to members of the DOC and, at the discretion of the
Chairman of the Committee, to members of the public. If he thinks fit the
Chairman of the Committee may decide that the proceedings will take place in
private.
67.
A Legal Assessor, who must be a
solicitor or barrister may assist the Committee. The Chairman has discretion to
sit without the benefit of a Legal Assessor if he considers it appropriate to
do so, and if the member does not have legal representation. The member against
whom the complaint is made has the right to attend the hearing and to make
representations either personally or through a barrister, a solicitor or some
other representative, whether a member of the DOC or not. If the member intends
to be represented he must notify the Registrar of the Democratic orthopathic
council of the name and qualifications of the representative not less than
fourteen days before the hearing takes place. Should a member wish to call
witnesses or to produce documentary evidence the Registrar of the DOC must be
informed of the names of the witnesses and must be supplied with copies of
documents intended to be used at the hearing not less then three days before
the hearing.
68.
At the conclusion of the proceedings the Professional Conduct Committee may
adjourn before giving its decision. If it finds that the complaint has not been
proved it will dismiss it and notify the plaintiff and the osteopath concerned
in writing, giving reasons for the decision. If it finds that the member
concerned has been guilty of professional misconduct it will:
69:1 Impose no punishment; or
69:2 Censure the member, and/or
69:3 Fine the member a sum of
money not exceeding the maximum level to be set annually by the Council; and/or
69:4 Direct that the member's name
be removed from the Register unless he complies for a period not exceeding
three years with such conditions as the Committee may reasonably impose; or
69:5 Direct that the members name
be erased from the Register. The Committee may specify a minimum time before
the member may apply for re-admission to the Register.
69:6 The Committee may censure and fine a member and
may erase his name from the Register in respect of the same complaint. The
member will be informed in writing of the decision of the Professional Conduct
Committee, and of his right to appeal, within twenty-eight days of the
termination of the hearing.
69:7 Council
has set the maximum level of fine, which may be imposed by the Professional
Conduct Committee and varied by the Appeals Committee at One Thousand Pounds (£1,000) until further notice.
Composition
70.
The Appeals Committee will consist of the Chairman of Council and two members
of the DOC appointed by him, one of whom must be a member of Council but
neither of whom must have been involved previously with the case under appeal.
A further two Lay persons shall be appointed of suitable experience and
qualification but neither of whom must have been involved previously with the
case under appeal. The Registrar of the DOC. will act as Secretary to the
Committee. A Legal Assessor, who must be a solicitor or barrister, must be
present to assist the Appeals Committee.
71.
The member has a right to appeal to the Appeals Committee against a decision of
the Professional Conduct Committee. He must serve notice of his intention to
appeal, within twenty-eight days, of the serving on him, of the findings of the
Professional Conduct Committee. He must state why he is appealing and whether
the appeal is against the punishment imposed or is against the fact that the
complaint was upheld or there was or may have been an error of procedure. If he
wishes to produce any new evidence, oral or written, he must declare it at this
stage, and it is up to the Appeals Committee whether or not to allow the
evidence. If the Committee does allow new evidence it may permit witnesses,
including those who have testified at the Professional Conduct Committee, to
test it.
72.
The Chairman of the Council will give not less than fourteen days' notice of
the time and place of the hearing before the Appeals Committee. The Chairman of
the Appeals Committee has the same discretion as to the conduct of the hearing
and the admissibility of evidence as has the Chairman of the Professional
Conduct Committee. The Chairman of the Professional Conduct Committee, which
heard the case will normally attend the hearing and will give the reasons for
his committee's decision. Any punishment imposed will be suspended pending the
decision of the Appeals Committee.
Powers
73.
The Appeals Committee may allow an appeal or dismiss it and in either case may
vary the penalty imposed. The appellant will be informed in writing of the
decision of the Committee within fourteen days of the termination of the
hearing.
74.
There are occasions when a member's health may have fallen below the standard
required to carry on practice satisfactorily but the member is reluctant to
cease of his own accord to practice. On such occasions the disciplinary
procedures are manifestly inappropriate. At the first sign of failing health a
member's professional colleagues should try to persuade him to seek treatment,
and if necessary to cease to practice, so that formal steps need not be taken.
Only if this persuasion fails, is the mechanism provided set in train, which
can, if all else fails, end in his membership being terminated.
75.
The Code of Ethics & Practice empower the Chairman of Council to appoint
two members of Council to interview the practitioner. As a result of the
interview these two Council members may require the practitioner to undergo a
medical examination by two mutually agreed examiners. The examiners will either
pass the practitioner as fit or will recommend that he should comply with
certain conditions. The two Council members will then monitor his progress
periodically.
76.
If the practitioner refuses consistently to be interviewed, or to be examined,
or to comply with the recommendations, the Chairman then has power to terminate
his membership of the Register.
© The Association
of Orthopathic Practitioners Ltd., trading as the Democratic Orthopathic
Council (DOC).