THE Medical Council is the self regulating body of the medical profession in Ireland. It was set up by statute in 1978 to:
. maintain a register of properly qualified medical practitioners;
. be satisfied as to the standard of education and training in the State;
. inquire into the conduct of medical practitioners for alleged professional misconduct or fitness to engage in medicine because of physical or mental disability.
The president and vice president hold office for five years and are elected by the council's 25 members.
Members of the council are appointed by the Minister for Health and elected by the medical profession.
Ten council members are elected by the profession, seven from specific disciplines. A further 15 are appointed six by the Minister (three to represent the public interest); one each from UCC, UCD UCG, the University of Dublin (Trinity College) and the Royal College of Surgeons; the College of Surgeons appoints a further two, and two are appointed by the Royal College of Physicians.
Complaints against members of the profession are heard by the Fitness to Practise Committee which is chaired by Prof Patricia Casey, a consultant psychiatrist with the Mater Hospital, Dublin.
Anyone wishing to make a complaint against a doctor must write to the Medical Council. The council passes the complaint to the committee, which decides whether or not it warrants the holding of an inquiry. Once it is decided that a case exists prima facie, a notice is sent to the doctor detailing the allegations.
The committee has the same powers as the High Court in that it can subpoena witnesses and documents, hear evidence and conduct cross examinations. A doctor also has the right of legal representation at a hearing.
No final decision can be taken by the committee - that is the prerogative of a full meeting of the council. It may decide which of six sanctions it will impose - erasure from the medical register, suspension from the register for a limited period, or the imposition of certain practising conditions.
A council ruling for removal from the register, suspension or the imposition of conditions must be confirmed by the High Court. A doctor may apply for a cancellation of the decision in the High Court within 21 days.
The council may also impose three less severe sanctions - advising, admonishing or censuring the person against whom a complaint has been made. Since these are considered "inter professional" matters it is not necessary to bring them to the High Court and there is no right of appeal.
Over 100 complaints come before the committee each year. An increase on this figure is expected by the Medical Council this year.
In a five year period up to 1994, almost 600 cases were heard. Just under half of these required further investigation and of those 14 per cent resulted in an inquiry by the committee.