GMC Conditions of Practice

GMC MPTS Conditions of Practice

Conditions of Practice Orders and the GMC / MPTS

A Medical Practitioners Tribunal (MPT) and an Interim Orders Tribunal (IOT) can  both impose Conditions of Practice on a doctor’s registration. A condition of practice is a restriction on a doctor’s registration, such that they must wholly comply with them. A failure to comply can lead to significant suspension and more significant sanctions, if a doctor was deliberate or reckless in breaching the conditions.

Conditions of practice that are imposed might be minimally intrusive on a doctor’s practice or they might be very stringent indeed, causing difficulty for a doctor.

The GMC and MPTS have published a conditions bank, setting out the usual conditions that might be imposed. The list is not exhaustive. They have also published a glossary of terms used in the conditions bank, to aid interpretation of key words.

If you are a doctor facing the prospect of having conditions imposed, it is important to try to influence the specific conditions that are to be put in place. This might require employer input, or evidence of the likely deleterious impact of a particular condition being imposed on a doctor’s practice. A doctor who is working in a more isolated capacity might be unable to engage a supervisor or mentor as part of the process, by way of example, so causing them the loss of a role or job. Some employers will refuse or be unable to accommodate a doctor who has to work within conditions, because of the pressures of the local workplace responsibilities.

In some instances, a doctor might be optimistic about their being able to secure or retain work, where conditions of practice have been imposed. Only to later discover that for whatever reason they are unworkable. In some instances a doctor will need to apply for a review. However, this can be a complicated matters as the GMC will usually only agree to convene an early review if there is a change of circumstances that has sufficient materiality to justify their listing one.

The GMC undertook some research into the impact of conditions on doctors and the findings are worth reading. Some of the research makes for depressing reading. In relation to the question of impact on career and employability, the responses, summarised as follows, showed that there was often a negative reaction from employers.

“6.3 Impact on career and employability

Almost a quarter of doctors with undertakings/conditions interviewed in the qualitative sample were no longer practising. One doctor indicated that they did not want the humiliation of seeking employment with restrictions on his practice, others had not been able to secure an appropriate post or were suffering on going health issues.

More than half of the doctors interviewed with undertakings/conditions had to find new employment with undertakings/condition in place, and several others would have liked to. Doctors described that it was very difficult to secure a new post as they believed that employers did not want to have to fulfil the supervisory requirements of undertakings/conditions and they did not want to be ‘tainted’ by taking on a doctor who had a history with GMC.”

(This study was published in 2015. Bold emphasis added.)

Getting the right conditions is clearly key to successfully navigating the world of employment, as well as being afforded the opportunity to remediate any sub-optimal practice and obtain evidence from referees or supervisors of safe and optimal practice. We often advise and represent doctors in hearings where conditions are being considered, or where a variation to an order is sought.

For more information on conditions of practice orders and how we might assist doctors, contact Doctors Defence Service on 0800 10 88 739