Singapore legislation
Section 44
Section 44
Conduct of investigation
(1)
An investigator directed under section 42(4)(c) to investigate any complaint or information shall, if he is of the opinion that a registered medical practitioner should be called upon to answer any allegation made against him, give notice in writing of the complaint or information to him.
(2)
A notice under subsection (1) shall —
include copies of any complaint or information and of any statutory declaration or affidavit that have been made in support of the complaint or information; and
invite the registered medical practitioner, within such period (not being less than 21 days after the date of the notice) as may be specified in the notice, to give to the Complaints Committee any written explanation he may wish to offer.
(3)
In the course of investigations, the Complaints Committee may authorise the investigator in writing to —
in the case of a complaint mentioned in section 39(1)(c), obtain the consent of the registered medical practitioner to undergo a performance assessment in accordance with the provisions of Division 3; and
in the case of any information mentioned in section 39(1)(d), obtain the consent of the registered medical practitioner to submit to a fitness assessment in accordance with the provisions of Division 3,and the registered medical practitioner shall respond within such reasonable time as the investigator may, in the notice, specify.
(4)
If the registered medical practitioner —
declines to undergo a performance or fitness assessment requested under subsection (3);
having agreed to undergo such an assessment, subsequently fails to participate in the assessment or refuses to cooperate with the assessors; or
does not respond to the notice within the time specified in subsection (3),the investigator shall make a report to the Complaints Committee under section 48 and the Complaints Committee may proceed with the inquiry and make such order as it deems fit under section 49(1) or (2).
(5)
Where, in the course of an investigation, an investigator receives any information touching on, or obtains any evidence of, the conduct, physical or mental fitness, or professional performance of a registered medical practitioner other than the registered medical practitioner concerned which may give rise to proceedings under this Part, the investigator shall make a report to the Complaints Committee under section 48.
(6)
On receiving a report under subsection (5), the Complaints Committee may —
if it is unanimously of the opinion that the complaint or information is frivolous, vexatious, misconceived or lacking in substance, dismiss the matter and give the reasons for the dismissal; or
if it believes there is evidence of any matter referred to in section 39(1) in respect of a registered medical practitioner other than the registered medical practitioner concerned —
direct one or more investigators to carry out an investigation and make a report to it under section 48; or
refer the matter to the chairman of the Complaints Panel and the chairman shall act in accordance with section 41 by referring the complaint or information to a Health Committee or laying it before a different Complaints Committee, as the case may be.