The Professional Conduct Committee (PCC) is made up of chiropractic and lay panelists. The panelists are independent, but are required to take account of the GCC’s guidance.
The Professional Conduct Committee considers complaints against chiropractors referred to it by the Investigating Committee. The Committee can decide whether to determine a complaint by a public hearing or by private written submissions of evidence. If it is found that a complaint against a chiropractor is well founded, the Committee will take one of the following steps:
- admonish the chiropractor
- impose a conditions of practice order
- order the Registrar to suspend the chiropractor’s registration for a specified period
- order the Registrar to remove the chiropractor’s name from the register
Background to the case
The PCC was recently asked to consider a complaint where a male chiropractor was alleged to have behaved in a sexually motivated inappropriate way when treating a female patient. The allegations included touching and exposing her buttocks without consent, positioning his crotch in front of her face and engaging in unprofessional conversation where he reminisced about women topless sunbathing.
It was further alleged that the chiropractor had failed to adequately cooperate with the investigation by not providing a transcript of the patient’s records when requested numerous times over a four-month period.
The Code states that a chiropractor:
- E2: You must obtain and record consent from a patient prior to starting their care and for the plan of care
- E6: You must obtain consent, if it becomes necessary for the purposes of examination and treatment during care, for you to adjust and/or remove items of the patient’s clothing.
- D2: You must be professional at all times and ensure you, … , treat all patients with equal respect and dignity.
- D3: You must explain the reason to the patient if there is a need for the patient to remove items of clothing for examination
- B9: You must follow established procedures for informing the GCC if you are subject to criminal proceedings or a regulatory finding has been made against you anywhere in the world. You must cooperate with the GCC when asked for information.
Professional Conduct Committee Finding
The chiropractor admitted to some of the allegations – specifically relating to failure to provide an acceptable standard of care (including the exposure of the buttock) and failure to adequately document the appointments.
The chiropractor denied the allegations surrounding a sexual motivation and the Committee did not find these allegations proven.
The Committee concluded that the allegations that were admitted to, alongside the inappropriate comments and the failure to comply with the GCC investigation amounted to Unacceptable Professional Conduct.
The Committee accepted that the chiropractor showed a great deal of insight to the allegations that were found proved. He had introduced a new and more comprehensive form to ensure he adequately records case histories, undertaken and implemented extensive learning on consent – drawing on medical as well as chiropractic models - and took full responsibility for not properly responding promptly to the GCC.
The Committee concluded that issuing an admonishment was an appropriate and proportionate sanction in this case. They were satisfied that an admonishment was sufficient to promote and maintain public confidence in the profession and to uphold standards.
Learning for registrants
Registrants who are involved in Fitness to Practise proceedings should be aware of the importance of responding to requests from the GCC in a timely manner, and should remain in contact with the GCC throughout.
Registrants should also be aware of the power imbalance within the chiropractor/patient relationship and the importance of obtaining consent for actions which, even when clinically justified, could result in a patient feeling distress, especially when treating sensitive areas.
Chiropractors can reduce this feeling of vulnerability by offering a chaperone and gown (and recording a note of the patient's response) as well as taking the time to ensure you have fully explained the procedure to them and obtained informed consent.
Further Reading
The GCC publishes Guidance on what to expect if you are subject to a Fitness to Practise concern.
Further guidance on maintaining sexual boundaries can be found in the GCC Guidance and toolkit section of the website.