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Dr Myhill - The Biter Bit!

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Further to my previous message this morning - Dr got a

caution for 3 years, dropped to 2 years.

Luv - Sheila

Decision on Sanction:

In deciding which

sanction, if any, to impose in this case, the Panel has considered the

submissions of Ms on behalf of the HPC and Ms Price on behalf of the

Registrant, the advice of the Legal Assessor and the HPC indicative sanctions

Policy. It has revisited the testimonials submitted to it on behalf of the

Registrant. It notes that the primary function of any sanction is to address

public safety but that it also has a duty to give appropriate weight to the

wider public interest which includes:

• The deterrent effect on other Registrant’s;

• The reputation of the profession concerned; and

• Public confidence in the regulatory process

It has considered the question of which sanction to impose in ascending order

of severity. It notes that where a Panel has determined that fitness to

practise is impaired, it is not obliged to impose a sanction.

It first considered to take no further action, but decided against this course

having regard to the seriousness of misconduct set out above. To dispose of

this case by taking no further action would neither reflect the seriousness of

misconduct found nor address the public interest considerations referred to above.

This misconduct cannot, in the Panels judgement, be categorised as minor.

Having decided that to take no further action would not be appropriate in this

case, it next considered the imposition of a Caution Order. In that regard it

considered all the criteria set out in the above mentioned indicative sanctions

guidance. It notes that this case does not involve any issues in relation to

the Registrant’s clinical competence and further notes that the

misconduct did not cause any patient harm. The Registrant has apologised for

his misconduct, now realises that his actions fell below the standards expected

of a registered professional and has shown genuine remorse. Further, it is the

Panel’s judgement that the majority of his posts on the Bad Science Forum

were not inappropriate and that there is a low risk of reoccurrence of his

misconduct.

The Panel has decided to make a Caution Order. It notes that 3 years should be

regarded as the bench mark for such an Order but has decided to decrease that

period to two years to reflect the mitigation present in this case, set out

above

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