“I am a doctor. Do I need to report a charge or conviction for drink driving to the GMC?”

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“I am a doctor. Do I need to report a charge or conviction for drink driving to the GMC?”

Department:
Business Crime

Yes, you do need to disclose a drink driving charge or conviction to the General Medical Council (GMC). The GMC has a duty to protect the public and ensure that all doctors are fit to practice. Drink driving is a serious offence that can put patients at risk, so it is important that the GMC is aware of any doctor who has been charged / summonsed / convicted of this offence. You still need to report if you intend to plead not guilty.

The GMC's guidance states that you must inform them without delay if you have been charged with or found guilty of a criminal offence anywhere in the world. This includes drink driving and a ‘charge’ includes a summons or requisition to attend court. If you do not disclose a drink driving charge or conviction to the GMC, you could be disciplined or even struck off the medical register. However, only serious or persistent failure to follow GMC guidance that poses a risk to patient safety or public trust in doctors will put your registration at risk.

In Good medical practice, the GMC say this:

You must tell us without delay if, anywhere in the world:

a) you have accepted a caution from the police or been criticised by an official inquiry

b) you have been charged with or found guilty of a criminal offence

c) another professional body has made a finding against your registration as a result of fitness to practise procedures.

You do not need to report minor matters, including:

a) a penalty notice for disorder unless it is specified in paragraph 4 of the GMC guidance

b) payment of a fixed penalty notice for a road traffic offence

c) payment of a fixed penalty notice issued by local authorities (for example, for offences such as dog fouling or noise).

If in doubt, seek advice about whether you should report a matter. You can find more detail about reporting obligations HERE.

The GMC will consider a number of factors when deciding how to deal with a doctor who has been convicted of drink driving. These factors include the severity of the offence, your previous record, the specialism in which you work and any mitigating circumstances. In some cases, the GMC may decide to take no action. However, in other cases, they may impose a sanction such as a formal warning, a suspension, restrictions on practice or even erasure from the register.

You can report matters to the GMC by completing the online form on their website or by writing to them. The GMC will then assess your case and decide what action, if any, is necessary. Depending upon your practice, you may also need to inform your employer as part of your individual contractual obligations. It is important to note that the GMC may be notified of a charge or conviction by the police or your employer. If this happens, you will still need to contact the GMC yourself without delay.

If you are concerned about disclosing a drink driving allegation (or any other criminal matter) to the GMC, feel free to contact our specialist team. We can help you understand your obligations and the potential consequences of not disclosing to the GMC. We can help prepare the terms in which you report matters and how to respond if the GMC investigate.

Here are some tips for disclosing a drink driving conviction to the GMC:

  • Be honest and upfront about the conviction.
  • Explain the circumstances of the offence and any mitigating factors.
  • Express your remorse and commitment to not drink driving again.
  • Offer to take any steps that the GMC recommends, such as attending a drink driving rehabilitation course.

By following these tips, you can increase your chances of having the conviction dealt with leniently by the GMC.

Evan Wright is a partner in the Professional Regulation team.

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