Obligations to notify the Medical Council

Dr Morenike Odanye and Dr Rachel Birch outline what doctors need to know about self-referral obligations to the regulator

Being involved in a Medical Council investigation can be an unsettling and often daunting experience for any doctor. While many investigations arise from complaints from members of the public or employer referrals, doctors should also be aware there are circumstances in which they are required to notify the Medical Council themselves.

These self-referral obligations can sometimes be overlooked, especially when they relate to matters occurring outside the workplace, such as criminal proceedings or health concerns. Understanding when a disclosure is required and seeking advice at an early stage can help doctors meet their professional obligations and avoid unnecessary regulatory concerns.

Understanding when a disclosure is required and seeking advice at an early stage can help doctors meet their professional obligations and avoid unnecessary regulatory concerns

The Annual Retention Application Form

The Medical Council sets out its requirements in the Guide to Professional Conduct and Ethics for Registered Medical Practitioners (‘the Guide’):

“50.3. Information that you provide to the Medical Council, whether at initial registration, renewal of registration, or at any other time, including your answers to any questions, must be complete, accurate, honest, and up-to-date.”

All doctors practising medicine in Ireland must be registered with the Council. It is essential, to ensure continuing registration, that doctors complete the Annual Retention Application Form (ARAF). It is important that all information provided is accurate, truthful, complete, and up-to-date.

The ARAF asks doctors to answer various questions, including providing details of any disciplinary investigations, criminal investigations or convictions, and regulatory or licensing processes, both within and outside of Ireland.

It is also important that doctors provide evidence that they are maintaining their professional competence, as well as declaring any medical disability that may impair their ability to treat patients safely.

Legal requirements

In addition to their obligation to complete the ARAF, registered doctors must also comply with the relevant legislation.

The Medical Council provides the following in the Guide:

“50.5. You must comply with any legal requirements to notify the Medical Council of matters that may impact your registration such as relevant medical disabilities, criminal convictions, relevant proceedings, and decisions by other regulatory bodies, inside or outside the state, to restrict, not to grant, or to remove your registration.”

It is important that doctors are aware of their obligations, under Section 56 of the Medical Practitioners Act 2007, which requires doctors to notify the Medical Council:

“… in writing of any ‘material matter’ which would be likely to affect the continuation of the practitioner’s registration, not later than 30 days after this matter comes to the knowledge of the medical practitioner. Material matter includes any conviction of a criminal nature whether imposed in or outside the State.”

It is worth remembering that a doctor’s duty to notify the Council is closely linked to the wider professional principles of honesty and maintaining public trust in the medical profession. The obligation to disclose relevant matters is not intended to be punitive, but rather to enable the regulator to assess whether any issues may have implications for patient safety or a doctor’s fitness to practise. Doctors can sometimes assume that matters arising in their personal lives, particularly those that do not result in a conviction, are unlikely to be of regulatory interest. However, such situations should be considered carefully in light of relevant guidance.

Where there is any uncertainty, seeking advice at an early stage can help doctors understand their responsibilities and make informed decisions about disclosure.

Case scenario: Delay in paying a speeding fine

Dr M received a summons to the district court, relating to a speeding offence. She had received three penalty points and a fixed charge fine, but had not yet arranged to pay the fine, despite it having been issued 56 days previously. She had recently moved house and had delayed updating her address with the Road Safety Authority (RSA), as well as with her motor insurance company. She had therefore not received reminders about the fixed charge fine and she had also overlooked paying the fine.

As the court date was over seven days away, she arranged to pay the fine immediately. Following this, she was advised by the court that she no longer needed to attend and would not receive a conviction.

Dr M contacted Medical Protection to discuss her obligations to inform the Medical Council of the court summons. She spoke with a medico-legal consultant, Dr A, about whether she was required to notify the Medical Council. Since the court accepted payment of her fine, Dr M was subsequently not required to attend court and did not receive a conviction. As such, she was not required to immediately notify the Council of the fixed charge fine.

However, Dr A advised her that it would be important that she read through and answer the questions on the next ARAF honestly. It would depend on the wording of the questions as to whether she would be required to declare the fine and the court summons.

Learning points:

1. Remember to update your address with the RSA and other relevant agencies as soon as possible. Ensure that you update your address with the Medical Council and your medical defence organisation.

2. Familiarise yourself with the relevant Medical Council guidance. It is often not immediately obvious to clinicians when they should notify the Medical Council, particularly following incidents that occur outside of clinical practice.

3. Disclose information if required to do so. Failure to disclose relevant information may itself become a matter of concern for the Medical Council. Even where the underlying issue is relatively minor and does not relate to the practice of medicine, a failure to be open and honest with the regulator can lead to additional criticism.

4. Seek advice as soon as possible. If you think you should notify the Medical Council, or are uncertain about whether you should, contact Medical Protection, or your medical defence organisation, for advice.