(Limerick East): The procedures to be used to investigate complaints or allegations against medical practitioners vary according to the category of doctor involved. In the case of medical practitioners, other than medical consultants, who are employees of a health board, sections 22, 23 and 24 of the Health Act, 1970 apply. In the case of medical consultants, the disciplinary and complaints procedures attaching to their contracts, in addition to sections 22, 23 and 24 of the Health Act, 1970 apply. In the case of medical practitioners who are participating in the general medical services scheme, paragraphs 30, 31 and 32 of the agreement for the provision of services apply.
In addition to the above, the Medical Council has statutory responsibility which it exercises through its fitness to practice committee to inquire into the conduct of a registered medical practitioner, whether he or she is an employee of a health board or otherwise, on the grounds of alleged professional misconduct or on the grounds of unfitness to practice by reason of physical or mental disability. Where the questions of fitness to practice of a registered medical practitioner arises, it is statutorily therefore a matter for the Medical Council to investigate. I might add that where allegations of a criminal offence are made against a registered medical practitioner, this is a matter for the Garda and the appropriate prosecuting authority.
The Medical Practitioners Act, 1978 has now been in force for almost two decades. An examination of the operation of the Act has revealed the need for substantial amendment of several of its provisions. As indicated in reply to previous parliamentary questions, I hope to circulate the heads of the new legislation to my colleagues in the Government for their observations in the near future. A Bill to amend the 1978 Act will be published shortly thereafter.
I have had copies of these various provisions made available to the Deputy.