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Council considered four suspension applications

On whether the doctors undertook to forgo all medical practice pending further investigation, a Council spokesperson said: “Undertakings are case-specific, and we do not comment on individual cases.”

In 2016, there was one case where the Council accepted undertakings, there were four in 2015, three in 2014 and five in 2013.

Section 60 of the Medical Practitioners Act 2007 allows the Council to make an ex parte application to the court for an order to suspend a doctor’s registration if this action is necessary to protect the public. The High Court must consider the constitutional right to earn a livelihood when considering these applications.

Last year, the Council made three referrals/applications for immediate suspension of a doctor’s registration under Section 60. Two applications were granted and undertakings were accepted by the High Court in the other case.

In the first quarter of 2018, there have been two applications by the Council under Section 60 and both were granted, according to statistics released to the Medical Independent (MI).

In 2016, there were two Section 60 referrals/applications made to the High Court and these were granted.

In the three years from 2013 to 2015, the Council made 15 applications under Section 60 and 14 were granted. The sole rejected application was later granted when a further application was made in relation to this doctor.

On whether any Section 60 application hearings are held in public, a Council spokesperson told MI: “Under Section 60(2) of the Medical Practitioners Act 2007, an application shall be heard otherwise than in public, unless the court considers it appropriate to hear the application in public. Therefore, the default position is that the applications are heard in private.”

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