Does the GMC need to know?

Business Dilemmas

Dr Kathryn Leask

Being issued with a Community Resolution Order gets lights flashing for this consultant. Dr Kathryn Leask advises what he need to do in response. 

 

 

 

 

Dilemma 1

Must I report a tiff to the GMC?

Q After a heated dispute with a neighbour, the police have issued me with a Community Resolution Order.

As a private dermatologist, I am aware that I need to declare cautions and convictions to the GMC, but the police told me that this was neither of those things. 

However, one of my colleagues has said this should be disclosed to the GMC. I don’t want to let the GMC know about this unnecessarily. Please could you advise.

A Community Resolution Orders are used by the police to deal with low-level offences, particularly when the offence is a momentarily lapse of judgement by someone who is normally a law-abiding citizen. 

It does avoid the offender having a criminal record, but it can still show up on a Disclosure and Barring Service (DBS) check. 

As they do not constitute a criminal record, from the police’s point of view, they are not recorded on the Police National Computer, but they are recorded on police information systems for intelligence purposes. 

This means a previous Com­munity Resolution Order can be taken into account if a further offence is committed.

There are different types of order, which can include a restorative justice meeting with the victim, a warning and agreement, and rehabilitation. 

If an offender lacks insight into the concerns about their behaviour, they can be asked to attend a victim awareness course.

Paragraph 75 of the GMC’s Good Medical Practice says registered medical practitioners must tell the GMC without delay if they have accepted a caution from the police or been charged with or found guilty of a criminal offence. 

The GMC’s more detailed guidance on reporting criminal and regulatory proceedings states that doctors are expected to report Community Resolution Orders, as this is, in effect, an admission of committing a crime.

It is important to comply with the GMC’s guidance. If the GMC were to find out about a conviction or other disclosable sanction from another source and the doctor hadn’t reported it themselves, the doctor could be vulnerable to criticism and allegations of being dishonest. 


An end to my skeleton

Dr Kathryn Leask

A consultant’s retirement throws up an unusual question – how should he safely and appropriately dispose of human remains? Dr Kathryn Leask gives her view.

 

 

 

 

Dilemma 2

How do I get rid of my skeleton?

Q I am a consultant orthopaedic surgeon and am due to retire soon. I have had a human skeleton since I was in medical school and have used this for teaching purposes during my clinical career. 

As I am retiring, I will no longer have a use for it and would like to know how to dispose of it appropriately. Someone has mentioned the Human Tissue Authority to me, and I don’t want to find myself in difficulty if I breach any rules.

A The remit of the Human Tissue Authority (HTA) is defined in the Human Tissue Act 2004 and as well as postmortem examination, the HTA regulates anatomical examination, public display of tissue from the deceased and the removal and storage of human tissue for purposes such as education and training.

The disposal of bones needs to be done sensitively and the HTA recommends this can either be by incineration separate from clinical waste and, if possible, accompanied by a simple but respectful ceremony or burial. 

If burial were to be considered, you should consult local burial authorities to establish what type of services they provide. 

The Human Tissue Authority  states in relation to the disposal of former anatomical specimens that ‘cremation may be viewed as a more dignified or respectful method of incineration’. 

In England, Wales and Northern Ireland, two different sets of regulations govern the process of cremation: the Cremation (England and Wales) Regulations 2008 and the Cremation (Belfast) Regul­ations (Northern Ireland) 1961. 

Both sets of cremation regulations are outside of the remit of the HTA but fall within that of the Ministry of Justice. 

I would anticipate there being a fee for authorised burial/cremation. A local undertaker, your local council or a hospital mortuary technician might be able to give you information about the facilities nearby that would be able to help you with this. A local licensed mortuary may also be able to provide guidance. 

Another alternative is to donate the skeleton to a medical school for teaching purposes. 

Provided the medical school holds the appropriate HTA licence, they could accept the skeleton for a ‘scheduled purpose’, which would include education or training.