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Medical Council updates publication policy

The body that regulates medical doctors has set out its policy on the publication and disclosure of information linked to fitness-to-practise (FTP) complaints and inquiries.

The Medical Council investigates complaints relating to a doctor's fitness to practise medicine, and can impose restrictions on a doctor’s registration, which would restrict or remove their right to practise in Ireland.

In a publications policy released last month, the council points out that sections of the Medical Practitioners Act 2007 determine what, when, and how much information on sanctions can be made available to the public.

The High Court can also provide directions on the publication of sanctions or related matters.

“The Medical Council has a discretionary power to withhold any information concerning the physical or mental health of a person which we consider to be confidential,” it adds.

Balance

The policy states that, while the organisation is committed to transparency about its processes and decisions, it will also act with fairness toward individuals concerned, “ensuring that the evaluation and decision-making process is conducted in a way that respects the rights of the individuals involved”.

“The council recognises the need to balance doctors' rights with the public-protection value of publication and disclosure of information in fitness-to-practise matters.

“Whilst the publication of information on FTP matters will generally be in the public interest, the Medical Council must take account of the rights of medical practitioners and others involved in proceedings, and the risk of any harm that may arise from the disclosure or non-disclosure of information,” it says.

Public-interest factors

The document sets out the public-interest factors it will consider when making decisions on publication of information:

• Protection of the public,
• Declaring and upholding professional standards, and
• Maintaining public confidence in profession and regulatory process.

Sanction notice

When the council imposes a sanction on a doctor, it says that it will consider whether it is in the public interest to publish a notice of the sanction imposed.

In such cases, it will consider any submissions made by the doctor.

The document states that such decisions will be made on a case-by-case basis, and that any publication will take place only when the High Court has confirmed that the sanction takes effect, and only after the deadline for an appeal to be lodged has passed.

The council says that, typically, it will not publish the outcome of an inquiry that finds that a complaint has not been proven, although it will consider a request to do so from the doctor involved.

Transcripts

The document states that transcripts are not routinely published by the council, but that all or part of the proceedings can be published it the body considers it in the public interest to do so.

“The council’s general policy is to redact or anonymise information concerning a doctor’s or a patient’s health,” it adds.

The policy also outlines the publication policy on other areas of information – including High Court orders on the suspension of doctors, the publication of undertakings and consents, and disclosures to other organisations.