THE MINISTER APPROVES THE PERIOD NOT THE FORM OF THE SANCTION

Feb 16, 2010 Features / Columnists, Peeping Tom

The case of the teen tortured while in the police lockups in Leonora is documented. It needs no repeating here.
During the period of his detention by the police, the youth was allegedly hooded when seen by a medical doctor. This raised a storm of protests and condemnation which led to the doctor’s actions being referred to the Guyana Medical Council.
Throughout the reporting of the proceedings instituted by the Medical Council, the press kept conveying the impression that somehow it was the Minister of Health who had the final say in the matter since it was for him to pronounce on the findings of the Medical Council.
I presumed that this was a mistake on the part of the journalists who were following the disciplinary proceedings because I could not understand how a Medical Council could be independent, and yet allow for the Minister to have the final say.
As far as this columnist is concerned, the Medical Council is supposed to be independent of the Minister of Health and its verdict in disciplinary action ought not to be subject to ratification by the Minister.
It was therefore surprising that this impression of the Minister having the final determination kept leaping from the reports on the disciplinary action.
As far as this columnist is aware, the Medical Practitioners Act at Section 17(3) provides that where the Council feels that a Medical Practitioner is guilty of malpractice or professional misconduct, the Medical Council may censure the doctor, suspend his registration for a period of time approved by the Minister or remove the doctor from the register.
As far as this columnist is aware, the Medical Practitioners Act does not grant to the Minister any powers to veto, or ratify a decision of the Council. However, in the instance where the Council opts to suspend the doctor, the period of suspension must be approved by the Minister.
There must have been some rationale why the law would grant to the Minister the powers to approve the period of suspension. One would assume that this may have to do with the fact that many of our doctors are part of the public health system and thus suspension would involve some public health concerns.
The law does not allow for the Medical Council to send the doctor for any remedial training. Nor is the Minister required to inform anyone about his decision before making it public. He is limited strictly to approving the period of suspension if this is the option recommended by the Council.
In the instance of the doctor who attended to the tortured teen, the Council has reportedly recommended that the doctor be suspended for two months.
It reportedly did not recommend that he be censured or removed from the register. If the Council recommends that the doctor be suspended for a period then it needs the approval of the Minister in relation to that period and not in relation to the option of suspension.
This is not giving the Minister a final say in anything and all concerned should disabuse themselves of the notion that the Minister is the final judge in this matter. He is not. His role is limited to approving the period of suspension of the doctor.
Thus, by referring the matter back to the Medical Council, the Minister must not be assumed to be reopening the case. He is not. His grounds for sending the file back to the Council must be limited to consideration of the period of suspension.
Obviously it would be unfair for the Minister to approve of the period unless he has seen the basis for this decision. The Minister should therefore be entitled to the report of the Council. However, the final decision regarding disciplinary action is not his.
If the Minister feels that the period of suspension is too long, he should refer the matter back to the Council along with his reasons. If he feels that it is too short he should do the same.
The Council should however not entertain any idea of changing its recommendation of suspension simply because the Minister may have some concerns. The Council only needs the approval of the Minister in relation to the period of suspension.
The form of discipline is strictly for the discretion of the Council. The period for which one form of disciplinary action, namely suspension, should take requires the approval of the Minister.

Latest News

THE MINISTER APPROVES THE PERIOD NOT THE FORM OF THE SANCTION

Related

Similar Articles

The Glenn Lall Show | November, 11th, 2024

Follow on Tik Tok @Glennlall

THE BLUNT OF THE DAY

Sports

Guyana Beverage Inc. on board with Petra to host 8th Annual Girls U11...

GFF launches NAMILCO/Maid Marian Wheat Up...

Semi’s bowls off tomorrow with...

NO SURPRISE!!

More support for Project “Cricket Gear for...

Guyana to participate at 2024 FIBA 3×3...

Features/Columnists

Poor Power Planning (PPP)

Rising Gun Crimes in the Caribbean: Urgent Action required by all

A Trump victory and me

Publisher’s Note

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]

THE MINISTER APPROVES THE PERIOD NOT THE FORM OF THE SANCTION

Share this:

Related

Similar Articles

The Glenn Lall Show | November, 11th, 2024

Follow on Tik Tok @Glennlall

THE BLUNT OF THE DAY

Sports

Features/Columnists

Publisher’s Note

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]