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Undertakings and consents
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113. The Act of 2007 is amended by the insertion of the following section after section 59:
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“59A. (1) The Preliminary Proceedings Committee may request the registered medical practitioner the subject of the complaint to do one or more than one of the following:
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(a) if appropriate, undertake not to repeat the conduct the subject of the complaint;
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(b) undertake to be referred to a professional competence scheme and to undertake any requirements relating to the improvement of the practitioner’s competence and performance which may be imposed;
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(c) consent to undergo medical treatment;
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(d) consent to being censured by the Council.
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(2) Where a registered medical practitioner gives an undertaking or consent the subject of a request under subsection (1) by the Preliminary Proceedings Committee—
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(a) the investigation of the complaint shall be considered to be completed,
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(b) section 63 shall not apply to the complaint, and
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(c) the Committee shall submit to the Council a report in writing specifying—
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(i) the nature of the complaint that resulted in the investigation, and
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(ii) the measures included in the undertaking or consent.
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(3) Where a registered medical practitioner refuses to give an undertaking or consent the subject of a request under subsection (1), the Preliminary Proceedings Committee may proceed as if the request had not been made.”.
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