The Council is responsible to register doctors to practice in the Commonwealth of the Bahamas and have the powers to either issue a warning to a doctor, remove the doctor from the register, suspend or place conditions on a doctor's registration.
SUBMITTING A COMPLAINT
A “complaint” means a complaint made to the Council alleging professional misconduct on the part of a registered medical practitioner or a specialist.
A complaint made to the Council shall:
be in writing;
be signed and dated by the person making the complaint; and
have the person’s name on the complaint.
The Registrar shall notify the person against whom the complaint is made, of the nature of the complaint and request that the person state in writing, within fourteen days or such longer period as the Council may determine, an explanation or a representation of the complaint.
FORM AND CONDUCT OF INVESTIGATION
An investigation by the Council may be in the form of:
a preliminary investigation;
an informal hearing; or
a formal hearing;
An investigation shall be conducted by the Complaints Committee, Disciplinary Committee or a Special Review Committee, as necessary.
Where the Council determines, in relation to an investigation, that special expertise is required, the Council may appoint a person or a panel that possesses the requisite skills or expertise to conduct the investigation.
PROCESS OF DETERMINATION
Upon the receipt of a report relating to an investigation the Council shall: immediately, make a determination relating to the matter, taking into account the report submitted; and take such action as it considers fair and appropriate in the circumstances.
The Council, where it considers it necessary, may invite the medical practitioner or specialist to appear before the Council or to provide, in writing, an explanation relating to the matter.
Where, in the case of a preliminary investigation, the Council accepts the recommendation of the Complaints Committee that a matter be referred to the Disciplinary Committee, the Council shall: inform the medical practitioner or specialist, in writing, of the conclusion of the preliminary investigation; and cause to be served on the medical practitioner or specialist and the complainant in the matter, a copy of the decision and reasons for the decision.
The Council shall, in relation to any other investigation, within twenty-eight days of: receiving the report of the Committee, person or panel that conducted the investigation; or the conclusion of the matter after an appearance or submission by the medical practitioner or specialist notify, in writing, the medical practitioner or specialist, who is the subject of the investigation, of its decision and: that no further action is to be taken by the Council relating to the matter; that the matter is to be referred to the Disciplinary Committee for the conduct of an informal or formal hearing; or of the disciplinary measures to be taken by the Council.
Where the report of an investigation by the Disciplinary Committee indicates that a medical practitioner or specialist was engaged in conduct that constitutes a criminal offence, the Council shall submit a copy of the report to the Attorney-General.