Singapore legislation
Clause 45
Clause 45
Findings of Disciplinary Committee
(1)
Where a registered medical practitioner is found or judged by a Disciplinary Committee —
to have been convicted in Singapore or elsewhere of any offence involving fraud or dishonesty;
to have been convicted in Singapore or elsewhere of any offence implying a defect in character which makes him unfit for his profession;
to have been guilty of such improper act or conduct which, in the opinion of the Disciplinary Committee, brings disrepute to his profession;
to have been guilty of professional misconduct; or
to have contravened or failed to comply with section 54 or 56,the Disciplinary Committee may exercise one or more of the powers referred to in subsection (2).
(2)
The powers referred to in subsection (1) are as follows:
by order direct the Registrar to remove the name of the registered medical practitioner from the registers;
by order suspend the registered medical practitioner from practice for a period of not less than 3 months and not more than 3 years;
by order impose such conditions as are necessary to restrict the practice of the registered medical practitioner in such manner as it thinks fit for a period not exceeding 3 years;
by order impose on the registered medical practitioner a penalty not exceeding $10,000;
by writing censure the registered medical practitioner;
by order require the registered medical practitioner to give such undertaking as it thinks fit to abstain in future from the conduct complained of; and
make such other order as it thinks fit.
(3)
In any proceedings instituted under this Part against a registered medical practitioner consequent upon his conviction for a criminal offence, a Disciplinary Committee and the High Court on appeal from any order of the Disciplinary Committee shall accept his conviction as final and conclusive.
(4)
A Disciplinary Committee may under subsection (2) order the registered medical practitioner concerned to pay to the Medical Council such sums as it thinks fit in respect of costs and expenses of and incidental to any proceedings before the Disciplinary Committee, and the High Court shall have jurisdiction to tax such costs and any such order for costs made shall be enforceable as if it were ordered in connection with a civil action in the High Court.
(5)
The Disciplinary Committee in ordering that costs be paid by the registered medical practitioner under this section may certify that costs for more than one solicitor be paid if it is satisfied that the issues involved in the proceedings are of sufficient complexity, and the certification by the Disciplinary Committee shall have the same effect as if it were a certification by a judge in a civil action in the High Court.
(6)
The costs and expenses referred to in subsection (4) shall include —
the costs and expenses of any assessor and advocate and solicitor appointed by the Medical Council for proceedings before the Disciplinary Committee;
such reasonable expenses as the Medical Council may pay to witnesses; and
such reasonable expenses as are necessary for the conduct of proceedings before the Disciplinary Committee.
(7)
Where a registered medical practitioner, in respect of whom an order is made under subsection (2)(c) by a Disciplinary Committee, is judged by that Disciplinary Committee or another Disciplinary Committee appointed in its place to have failed to comply with any of the requirements imposed on him as conditions of his registration, the Disciplinary Committee may, if it thinks fit, order —
that his name be removed from the register; or
that his registration in the register be suspended for such period not exceeding 12 months as may be specified in the order.
(8)
Where a Disciplinary Committee has made an order for suspension under subsection (2)(b) or (7)(b), the Disciplinary Committee may order that the registration of the person whose registration is suspended shall, as from the expiry of the current period of suspension, be restricted in such manner as it thinks fit for a period not exceeding 3 years.
(9)
Where a Disciplinary Committee has made an order under subsection (2)(c), the Disciplinary Committee or another Disciplinary Committee appointed in its place may revoke the order or revoke or vary any of the conditions imposed by the order.
(10)
Subsection (7) shall apply to a registered medical practitioner whose registration is subject to conditions imposed by an order made pursuant to subsection (8) as it applies to a registered medical practitioner whose registration is subject to conditions imposed by an order for restricted registration made pursuant to subsection (2)(c), and subsection (9) shall apply accordingly.
(11)
Where a Disciplinary Committee has made an order or has varied the conditions imposed by an order under this section, the Registrar shall forthwith serve on the person to whom the order applies a notice of the order or the variation.
(12)
Any person who is aggrieved by any order referred to in subsection (11) may, within 30 days after the service on him of the notice of the order, appeal to the High Court against the order; and any such appeal shall be heard by 3 judges of the High Court and from the decision of that Court there shall be no appeal.
(13)
In any appeal to the High Court against an order referred to in subsection (11), the High Court shall accept as final and conclusive any finding of the Disciplinary Committee relating to any issue of medical ethics or standards of professional conduct unless such finding is in the opinion of the High Court unsafe, unreasonable or contrary to the evidence.
(14)
Subject to subsection (15), an order made by a Disciplinary Committee for the removal of any name or for suspension of registration under subsection (2) or (7) shall not take effect until the expiration of 30 days after the order is made.
(15)
On making an order for the removal of any name or for suspension of registration under subsection (2) or (7), a Disciplinary Committee, if satisfied that to do so is necessary for the protection of members of the public or would be in the best interests of the registered medical practitioner concerned, may order that his registration in the register be suspended or that his name be removed from the register forthwith.
(16)
Where an order under subsection (15) is made, the Registrar shall forthwith serve a notice of the order on the person to whom it applies and if that person was present or represented at the proceedings of the Disciplinary Committee, the order shall take effect from the time the order is made.
(17)
Where the person concerned is neither present nor represented at the proceedings of the Disciplinary Committee, the order made under subsection (15) shall take effect from the time of service of the notice of the order on him.
(18)
An order of a Disciplinary Committee, other than an order for the removal of any name or for suspension of registration under subsection (2) or (7), shall take effect from the time the order is made.
(19)
Notwithstanding anything in this section, where a registered medical practitioner has appealed to the High Court against an order of a Disciplinary Committee under subsection (12), the order shall not take effect unless the order is confirmed by the High Court or the appeal is for any reason dismissed by the High Court or is withdrawn.
(20)
While any order of suspension of registration remains in force, the person concerned shall not be regarded as being registered notwithstanding that his name still appears in the register, but forthwith on the expiry of such order his rights and privileges as a registered medical practitioner shall be revived as from the date of such expiry provided that the medical practitioner has complied with all the terms of the order.
(21)
Where a registered medical practitioner is not found or judged by a Disciplinary Committee to have been convicted or guilty of any matter referred to in subsection (1), the Disciplinary Committee shall dismiss the complaint or matter.