Medical Ethics Sanctions & Disciplinary Appeals

Chapter III: Sanctions for Medical Ethics Breaches

Article 83: Types of Sanctions

The Professional Ethics Court, in response to breaches of medical ethics, shall impose the following sanctions, according to their severity or the nature of the violation:

• a) Private reprimand;
• b) Censure, which may be:
  1. Written but private.
  2. Written and published.
  3. Verbal and public.
• c) Suspension from the practice of medicine for up to six months;
• d) Suspension from the practice of medicine for up to five years.

Article 84: Branch Court Competence

The Professional Ethics Branch Court is competent to apply the penalties referred to in subparagraphs (a), (b), and (c) of Article 83 of this Act. If, in its opinion, there is merit for the suspension referred to in subparagraph (d) of Article 83, it shall refer the matter, within fifteen days from the date of its findings, to the National Court for a decision.

Article 85: National Court Decision Process

When the sanction of suspension mentioned in subparagraph (d) of Article 83 is referred by the Branch Court to the National Court for a decision, and the latter does not find grounds for its implementation, it shall return the case file to the Branch Court with its reasoned pronouncement. This allows the Branch Court to proceed with a determination within its jurisdiction.

Article 86: Court Session Records

In each of the Court's sittings, the Secretariat shall keep a record that will be appended to the case file. This record shall be signed by the President of the Tribunal, the Secretary, and the respondent, if applicable.

Article 87: Appeals for Reprimand or Censure

Sanctions consisting of private reprimand or censure are subject only to an administrative appeal before the Court concerned, within fifteen days from the date of notification.

Article 88: Appeals for Practice Suspension

The sanction of suspension from the practice of medicine is subject to an appeal to the court that imposed it, within fifteen days from the date of notification, or to an appeal before the National Medical Ethics Court within the same term.

Article 89: Appeals for Long-Term Suspension

The sanction of suspension mentioned in subparagraph (d) of Article 83 may only be imposed by the National Professional Ethics Court. Appeals against this sanction may be made internally to the same Tribunal within thirty working days from the date of notification of the penalty, or alternatively, appealed to the Ministry of Health within the same term.