Disciplinary
procedures in handling complaints against
registered radiographers |
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Introduction
The
Radiographers Board of Hong Kong is empowered by law to deal
with complaints against registered radiographers 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 radiographers are handled by the Radiographers
Board in accordance with the Supplementary Medical Professions
Ordinance (Cap. 359) and the Radiographers (Registration and
Disciplinary Procedure) Regulation. The steps involved are
outlined in the ensuing paragraphs.
Receipt of Complaints
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 will decide
on one of the following courses of action:
| (a) |
to dismiss the complaint if he is satisfied
that the complaint is frivolous or groundless; or |
(b) |
to call for a meeting of the PIC to discuss the matter;
or |
(c) |
to collect further information from the complainant, before
coming to a determination as to whether the complaint
should be dismissed or referred to the PIC. |
Meeting of the PIC
5.The
PIC comprises, apart from the Chairman, two other Part I registered
radiographers. Before the matter is discussed in a PIC meeting,
the registered radiographer 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 radiographer and
any other relevant information which is available, and decide
whether:
| (a) |
to dismiss the complaint, or |
(b) |
to refer the complaint in whole or in part to the Radiographers
Board for inquiry. |
Inquiry of the Radiographers 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
radiographer. When the case against the radiographer is closed,
the radiographer 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
radiographer is not guilty of the offence charged; or |
(b) |
make an order against the registered radiographer if he
is found guilty of the offence charged. |
9.Upon
the Board making a finding of guilt, the registered radiographer
may be punished by way of a disciplinary order. It includes
the removal of the registered radiographer's name from the
register of radiographers, a reprimand or a warning letter.
If the registered radiographer 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.
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