Agreements

If we investigate and believe your health is affecting patient safety, we will usually offer you the chance to agree ‘undertakings’.

These are a voluntary agreement between you and the GMC about your future practice.

Examples of undertakings for mental health difficulties may include agreeing to be treated by a psychiatrist (if clinically indicated), or to limit the number of hours you work.

Examples of undertakings for substance misuse issues may include agreeing to attend a support network or agreeing to unannounced testing.

When to agree undertakings

Undertakings can usually be agreed at an early stage in the process, after we have undertaken an investigation and received two health assessment reports.

Doing so can help to minimise the stress for everyone involved in the case, and make the process much quicker. If you agree undertakings there will be no need for a hearing to resolve those concerns or for witnesses to give evidence.

Before you decide to agree undertakings you may wish to contact your defence organisation or legal representative.

Our priority is patient safety and, where possible, we prefer to put arrangements in place that protect the public through mutual cooperation.

However, if we cannot come to an agreement with you about what needs to be done to protect patients, your case will be referred to a fitness to practise panel.

Depending on the circumstances, it may be possible to agree to undertakings during the hearing.

If undertakings are breached

As undertakings are an agreement they depend on cooperation.

Unfortunately on occasions where undertakings are breached, the case may be referred to a fitness to practise hearing.

About fitness to practise panels

Fitness to practise hearings are held at the Medical Practitioners Tribunal Service (MPTS). The MPTS is part of the GMC, but is operationally separate from the GMC’s investigation function. The panels have a range of powers to put arrangements in place to protect the public.

These include limiting a doctor’s registration (these are called conditions, which work in a similar way to undertakings but are not voluntary).

This is more common where there are a number of concerns, some of which do not relate to health.