Student Physician Associates: University Fitness to Practice Proceedings
Legal Advice and Representation for Student Physician Associates
The GMC sets training and conduct standards for Student Physician Associates, which Universities and training providers must adhere to. This includes ensuring that a student is fit to become a registered professional.
Where concerns arise that a student is not meeting the professional conduct standards (whether by way of act or omission), an appropriate level of scrutiny or investigation will follow. This could be by way of informal conversations initially, or by way of formal meetings, initially. Ultimately, following an investigation, fitness to practise processes at the University level could follow, which could in turn lead to the termination from the physician associate training course.
What Sort of Concerns Can a University Investigate in a Student Physician Associate Fitness to Practise Process?
Conduct that can be investigated can be wide-ranging. Some students might transgress in a number of ways, while other students might being investigated for a single incident or failing.
Professional conduct concerns, that go to the question of suitability to become registered, might include alleged: dishonesty, physical violence, failures to show respect for diversity and dignity, sexual harassment, drug or alcohol misuse, a failure to meet the academic or competence standards, plagiarism, criminal offences. This list is not exhaustive. Conduct of concern can be in either a student physician associate’s professional or private life sphere.
Ultimately, the University staff needs to declare to the GMC that they consider the student to be fit to be registered. But in order to say the opposite, there must be a fair procedure to make a determination that a student is not fit to be registered, in many instances.
Universities will therefore have written policies and procedures by which a Student Physician Associate will be counselled or disciplined. While not all allegations will lead to a fitness to practise process, those that doe must be handled by the student with great care. The student must be careful what they say, and avoid making inconsistent statements. On occasions, full admissions might be appropriate, which might lead to informal resolution or a referral to a fitness to practise hearing. Where an allegation is contested, a formal hearing is likely to be necessary.
A student physician associate can be represented, in most instances, and a lawyer can be instructed in some cases: AB v The University of XYZ (Rev 1) [2020] EWHC 2978 (QB).
A fitness to practice process must be fair. Appropriate disclosure should be given by the University, so given g the student physician associate the opportunity to prepare. It may be necessary to question witnesses. A student might need to call their own witnesses. The hearing procedure to be followed will be set out in the university procedures, and a student should obtain a copy, along with the standards that are said to have been breached.
The fitness to practice hearing decision-makers will form view as to whether the allegations are proven to the civil standard of proof, look at whether the conduct calls into question the student’s fitness to practise, and then decide on the appropriate sanction. Sanctions might include the termination of training, or conditions of continued study, a procedural reprimand that can be taken into account in the future if there is further poor conduct.
A student physician associate will need to show insight and undertake remediation to demonstrate that they are fit to remain on the training course. This can be quite complicated and requires a lot of preparation.
If a student physician associate is unsuccessful at a fitness to practise university level hearing, they will need to follow the appeal procedures.
Other Articles:
Registered Physician Associate Representation at the GMC and MPTS
How We Help Student Physician Associates in University Fitness to Practise Proceedings
We advise students on matters of procedural fairness, university fitness to practise rules and evidence, preparing for hearings, undertaking remediation and showing insight. We also represent students in fitness to practise hearings. Good preparation is the key to improving the prospects of success.
If you are a Student Physician Associate who is seeking legal advice or legal representation in University fitness to practise or other legal proceedings, call Doctors Defence Service in strict confidence and without obligation, on 0800 10 88 73