Medical Practitioners

Medical Practitioners 

Under Section 4 of the Code of Professional Conduct for the guidance of registered medical practitioners, a doctor whose mental or physical health poses a risk to patients if he continues normal practice should either wholly or partially alter or withhold his practice and undergo treatment and rehabilitation where appropriate.  

Under Section 14C of the Medical Registration Ordinance (Cap. 161) (MRO), an applicant for special medical registration (e.g. a foreign-trained doctor) who has a history of mental illness must disclose their condition. They must submit psychiatric reports confirming their condition is well-controlled and does not affect clinical practice. The Medical Council of Hong Kong will review the reports and may approve registration with a requirement for periodic mental health follow-ups to ensure ongoing fitness to practice. 

Powers of the Health Committee (Section 20V and Section 21A(1) of the MRO) 

The MRO establishes a specific statutory body, the Health Committee, distinct from the disciplinary Preliminary Investigation Committee (PIC). The Health Committee (established under Section 20V and Section 19B) conducts hearings into the physical or mental fitness of registered medical practitioners. Proceedings can be initiated if it appears a doctor's fitness to practise is impaired by a physical or mental condition. An order appointing a Committee to manage a medical practitioner’s property and affairs, made under Part II of the MHO, would be a primary trigger for such a hearing.    would be a primary trigger for such a hearing.    

If the Health Committee finds that a doctor is unfit to practise due to mental incapacity, it possesses statutory powers under Section 21A of the MRO to: 

1. Remove the name of the medical practitioner from the General Register.    
2. Suspend the medical practitioner's registration for a specified period. 

The Health Committee may also impose conditions, where the mentally incapacitated person is allowed practice only under specific restrictions (e.g. no solo practice, mandatory supervision).