Council’s counselling service may provide evidence for FTPC hearings

Information shared by doctors through the Medical Council’s confidential counselling service can be used as evidence in fitness to practise committee (FTPC) hearings where appropriate, the Council has confirmed.

This aligns with how records from other independent therapy services may be treated and is only exercised when necessary, in the interests of patient safety, according to a Council spokesperson.

The spokesperson told the Medical Independent that the Council’s FTPC has the power to “compel documents and records to be provided, including counselling notes”.

“The FTPC can compel counselling notes from CAREhub in the same way as another independent therapy service not provided by the Medical Council,” the spokesperson said.

They added that “there is no limit on the records that the FTPC can compel; however, it only does so when necessary, in the interest of patient safety”.

The Council’s CAREhub support service was launched late last year with the stated aim of providing mental health and wellbeing support to doctors, medical students, and members of the public who are engaged with the Council’s regulatory processes, including FTP investigations.

At the time of the launch, the Council said the CAREhub initiative reflected its “dedication to prioritising mental wellbeing”.  Doctors were promised “confidential, impartial, and empathetic guidance”.

“CAREhub is an independent service provided by the Medical Council and operated by Lyra Health International. The Medical Council does not receive any information from Lyra Health International about who uses the CAREhub service, nor the content of any sessions,” the Council spokesperson said.

For the purposes of an inquiry, the FTPC has all the powers, rights, and privileges of the Courts, including the power to enforce the attendance of witnesses and question them under oath, along with the power to compel the production of records. Some instances where this might occur would be in the case of illness, addiction, or mental health issues; a court order; or cases of harm or abuse.

The FTPC must ensure it exercises these powers in a “fair, reasonable and proportionate manner”.