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Conditions attached to registration
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103. The Act of 2007 is amended by the substitution of the following section for section 53:
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“53. (1) A person making an application for registration shall declare in the application—
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(a) whether the person has any relevant medical disability, and
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(b) whether any material matter has occurred in relation to the person.
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(2) Where the Council is satisfied that—
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(a) a person making an application for registration has a relevant medical disability or a material matter has occurred in relation to him or her, and
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(b) in the interests of public safety, registration should only be granted to the person subject to conditions on the practising of medicine by the person which take account of that disability or matter,
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the Council shall specify the proposed conditions which, in the opinion of the Council, are necessary to be attached to the registration of the person in those interests and propose that the person accept that those conditions be attached to his or her registration.
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(3) Where the person the subject of a decision under subsection (2) agrees in writing to the attachment of the proposed conditions referred to in that subsection to his or her registration, the Council shall, if the person is registered, at the same time as such registration comply with section 43(6) in respect of the conditions.
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(4) Where the person the subject of a decision under subsection (2) does not agree in writing to the attachment of the proposed conditions referred to in that subsection to his or her registration, the Council may refuse to register that person.
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(5) A registered medical practitioner who did not, at the time of his or her registration, have a relevant medical disability but develops a medical disability at any time after registration shall notify the Council when the medical disability becomes a relevant medical disability not later than—
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(a) 30 days after the medical disability becomes a relevant medical disability, or
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(b) where the relevant medical disability renders it impracticable for the practitioner to notify the Council within those 30 days, as soon as is practicable in the circumstances.
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(6) Where the Council is satisfied, after receiving a notification under subsection (5), that, in the interest of public safety, the registration of the medical practitioner should become subject to conditions on the practising of medicine which take account of that relevant medical disability, the Council shall decide that conditions should be attached to the registration of the medical practitioner in those interests, specify the proposed conditions which, in the opinion of the Council, are necessary to be attached to the registration of the practitioner in those interests and propose that the medical practitioner accept that those conditions be attached to his or her registration.
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(7) Where the medical practitioner the subject of a decision under subsection (6) agrees in writing to the attachment of the proposed conditions referred to in that subsection, the Council shall attach those conditions to the registration of the practitioner and, at the same time, comply with section 43(6) in respect of the conditions.
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(8) Where the medical practitioner the subject of a decision under subsection (6) refuses, in writing, to agree to the attachment of the proposed conditions, or does not respond within 30 days, the Council shall make a complaint under section 57(1)(c).”.
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