What Rights - Fitness to Practice

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Get arrested and it's not just the police you have to face...

If you are arrested by the police and taken to the police station, on being booked into custody, you'll be asked for your details, including your job. When you tell them that you are a nurse, you set in motion a chain of events that may well see you facing a fitness to practice referral.

Being a nurse is a "notifiable profession", which means essentially that the police will tell the NMC that you have been arrested and what happens with your case. This may cause the NMC to initiate a fitness to practice process, depending on the offence for which you've been detained.

This week, I dealt with an application by the NMC for an interim suspension/conditions of practice order in precisely such circumstances.

My client was being investigated for a drugs offence, it was reported to the NMC by the police and in short order the NMC opened a FTP referral and applied for an interim order.

Luckily, my client sought my services and I was able to both advise them on the criminal matter and represent them on the interim order hearing. Result? The panel were persuaded that no order was necessary, and the nurse concerned can continue to work and support their family whilst the NMC investigation (and the criminal investigation) continue.

Incidentally, I didn't need them to attend the hearing with me, so they saved a day's wages and were able to face their partner with at least some good news when they got home. Very pleasing.