Disciplinary
Procedures in Handling Complaints against
Registered Physiotherapists
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Introduction
The
Physiotherapists Board of Hong Kong is empowered by law to
deal with complaints against registered physiotherapists touching
on matters of professional misconduct. It has no jurisdiction
whatsoever over claims for refund or compensation, which should
be pursued through separate civil proceedings.
2.Complaints
against registered physiotherapists are handled by the Physiotherapists
Board in accordance with the Supplementary Medical Professions
Ordinance (Cap. 359) and the Physiotherapists (Registration
and Disciplinary Procedure) Regulation. The steps involved
are outlined in the ensuing paragraphs.
Receipt of Complaint
3.On
receipt of a written complaint, the Secretary will refer it
to the Chairman of the Preliminary Investigation Committee
(PIC) of the Board for consideration. The PIC Chairman is
a member of the Board nominated by the Board and appointed
by the Chairman of the Board.
Consideration by the PIC Chairman
4.Having
regard to the information available, the Chairman may require
the complainant to support his complaint with a statutory
declaration. Then he will fix a date for a PIC meeting to
consider whether a complaint should be referred to the Board
for inquiry.
Meeting of the PIC
5.The
PIC comprises, apart from the Chairman, two other Part Ia
registered physiotherapists nominated by the Hong Kong Physiotherapy
Association. One of the members of the PIC is an employee
of the Government, the Hospital Authority or a subvented institution
while the other is not. Before the matter is discussed at
a PIC meeting, the registered physiotherapist being complained
will be informed of the substance of the complaint and be
invited to give an explanation in reply.
6.At
the meeting, the PIC will consider the letter of complaint,
the explanation submitted by the registered physiotherapist
and any other relevant information which is available, and
decide whether to:
| (a) |
dismiss the complaint, or |
(b) |
refer the complaint in whole or in part to the Physiotherapists
Board for inquiry. |
Inquiry of the Physiotherapists Board
7.The
inquiry is conducted in accordance with a set of statutory
disciplinary procedures. At the hearing, either the Secretary
or the complainant may present the case against the registered
physiotherapist. When the case against the physiotherapist
is closed, the physiotherapist will be given opportunity to
defend his case and to adduce evidence in support. The complainant
may also be called upon to testify in person.
8.At
the conclusion to the hearing, the Board may:
| (a) |
dismiss the complaint if the registered
physiotherapist is not guilty of the offence charged;
or |
(b) |
make an order against the registered physiotherapist if
he is found guilty of the offence charged. |
9.Upon
the Board making a finding of guilt, by law, the registered
physiotherapist may be punished by way of a disciplinary order.
It includes the removal of the registered physiotherapist's
name from the register of physiotherapists, a reprimand or
a warning letter. If the registered physiotherapist is aggrieved
by the decision of the Board, he may appeal to the Court of
Appeal.
Notification of Results
10.Depending
on the complexity of each case, it takes generally a few months
before a case can be concluded. In any event, a complainant
will be informed in writing of the progress of the disciplinary
proceedings as far as possible. |
