32 organisations representing many thousands of doctors across the UK, have united in calling on the Government to retain the General Medical Council’s (GMC) ability to investigate the fitness to practise of doctors with existing health concerns, under a distinct ‘health’ route.

Currently, in cases where doctors are investigated under the ‘health’ category of impairment, the GMC can use language which acknowledges the health concerns about the doctor without having to use pejorative terminology around misconduct. It is able to put in place measures to protect the doctor - such as holding some or all of the hearing in private and redacting published materials in relation to health - and the focus is on aiding recovery and return to practice in addition to patient safety.

In a letter to the Health Minister, led by the Medical Protection, the coalition describe the proposal to remove the health category – which was put forward by the previous government in its consultation on reform of the Medical Act – as a ‘significant step backwards’. Under the plans, concerns about doctors with a health issue would have to be investigated on the grounds of ‘inability to provide care to a sufficient standard’ and/or ‘misconduct’ - language the group claim is inappropriate and could deter doctors from seeking help early on. The GMC has itself also outlined similar concerns.

GMC data shows that it recorded health as a category of impairment in nearly 1000 of the investigations it conducted over the last 6 years. This amounts to almost 1 in 5 (17%) of all investigations. In half of these cases (49%) the doctor self-referred to the GMC.

The letter, said: “Our intention is to highlight one small but important step that the Government could take to protect the most vulnerable doctors during a regulatory investigation. Our focus on this area, is based on a shared view that supporting the wellbeing of doctors is an essential component of maintaining high quality, safe patient care.

“The impact of a GMC investigation on doctors’ mental wellbeing is well documented. In an MPS survey of nearly 200 doctors who have been investigated, 78% said it harmed their mental health and almost 31% reported experiencing suicidal thoughts during the process. This impact will be even greater for doctors who have existing health concerns.

“Significant progress has been made by the GMC to reduce the impact on doctors facing a fitness to practise investigation, and reduce the number of suicides during the process. Current provisions within the Medical Act, particularly the ability to investigate doctors under the health category, have been central to this progress. It was therefore a significant step backwards when proposals for reform were put forward by the previous government that would have the effect of removing it.

“We strongly urge you to retain health as a distinct category. This would protect doctors at one of the most challenging moments of their lives, improve their retention in the workforce, whilst safeguarding patients. Crucially, it would help towards ensuring that doctors who are unwell feel supported rather than driven out.”

The 32 organisations who signed the letter: Medical Protection, Royal College of Physicians, Royal College of Surgeons of England, Royal College of GPs, Royal College of Anaesthetists, Royal College of Obstetricians and Gynaecologists, Royal College of Paediatrics and Child Health, Royal College of Surgeons of Edinburgh, Royal College of Physicians of Edinburgh, Royal College of Emergency Medicine, Royal College of Radiologists, Royal College of Psychiatrists, Association of Anaesthetists, British Medical Association, Hospital Consultants and Specialists Association, Medical Women’s Federation, British Association of Physicians of Indian Origin, British International Doctors Association, British Islamic Medical Association, Doctors Association UK, NHS Practitioner Health, Doctors in Distress, Royal Medical Benevolent Fund, Faculty of Intensive Care Medicine, Faculty of Pain Medicine, Faculty of Pharmaceutical Medicine, Faculty of Public Health, Faculty of Sport and Exercise Medicine, Faculty of Forensic & Legal Medicine, College of Sexual and Reproductive Health, MDDUS and the Medical Defence Union.

END

Notes to editors

• For further information please contact [email protected]
• A response by the GMC to an information request from the Medical Protection confirmed that in 978 cases either a health impairment or a health allegation sub-type related to health was recorded between 2019 to 2024. This equates to 17% of total number of fitness to practise cases (5,765) during these years.
• In addition to the measures mentioned above, the GMC in certain health cases can sometimes address a concern about a doctor’s behaviour or performance that is solely caused by a health condition, by solely addressing the impact of the health condition on their ability to practise safely - and without taking specific separate action in relation to the concern about their behaviour or performance.
• 73% of health cases were concluded following an investigation, and without a hearing.
• In 49% of health cases the doctor self-referred to the GMC (this compares to 22% of all cases in which the doctor self-referred during the same period).
• The most common types of health issues reported under the health category were substance misuse, other mental and behavioural illness, and affective disorders which are common among doctors, often resulting from burnout, stress, and workload.
• The Medical Protection survey of doctors who have been investigated by the GMC was undertaken in 2023.
• The GMC stated its concerns around the proposal to remove the heath category of impairment in its May 2023 response to the legislation proposed previous government: GMC welcomes plans to reform restrictive legislation - GMC

About MPS

The Medical Protection Society Limited (“MPS”) is the world’s leading protection organisation for doctors, dentists and healthcare professionals. We protect and support the professional interests of more than 300,000 members around the world. Membership provides access to expert advice and support and can also provide, depending on the type of membership required, the right to request indemnity for any complaints or claims arising from professional practice.

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