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The following code of ethics are kindly taken from my associations website

www.iimh.org

The Code of Ethics of the Irish Institute of Medical Herbalists(IIMH) demonstrates the high ethical and professional standards required by medical herbalists, and is the document which binds all Full Members in their daily practice.

Code of Ethics

INDEX 

RULE ONE 
MEMBERS SHALL AT ALL TIMES CONDUCT THEMSELVES IN AN HONOURABLE MANNER IN THEIR RELATIONS WITH THEIR PATIENTS, THE PUBLIC, AND WITH OTHER MEMBERS OF THE INSTITUTE 

RULE TWO
MEMBERS SHALL AT ALL TIMES ABIDE BY THE ADVERTISING CODES LAID DOWN BY THE COUNCIL OF THE INSTITUTE

RULE THREE 
MEMBERS SHALL COMPLY AT ALL TIMES WITH THE REQUIREMENTS OF THE CODE OF PRACTICE  

RULE FOUR 
MEMBERS SHALL NOT GIVE FORMAL INSTRUCTION IN THE PRACTICE OF HERBAL MEDICINE WITHOUT THE APPROVAL OF THE COUNCIL OF THE INSTITUTE  

RULE FIVE 
IT IS REQUIRED THAT MEMBERS APPLY THE FOREGOING TO THEIR PROFESSIONAL ACTIVITIES 

RULE SIX 
INFRINGEMENT OF THE ETHICAL CODE RENDERS MEMBERS LIABLE TO DISCIPLINARY ACTION WITH SUBSEQUENT LOSS OF PRIVILEGES AND BENEFITS OF THE INSTITUTE 

APPENDIX ONE 
CODE OF PRACTICE 

APPENDIX TWO 
DISCIPLINARY PROCEDURE 

 

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RULE ONE 

MEMBERS SHALL AT ALL TIMES CONDUCT THEMSELVES IN AN HONOURABLE MANNER IN THEIR RELATIONS WITH THEIR PATIENTS, THE PUBLIC, AND WITH OTHER MEMBERS OF THE INSTITUTE. 

A. Members' Obligations to their Patients Practitioner – Client Relationship

The relationship between a medical herbalist and his or her patient is that of a professional with a client. The patient puts complete trust in the practitioner's integrity and it is the duty of Members not to abuse this trust in any way. Proper moral conduct must always be paramount in Members' relationships with patients. Members must act with consideration concerning fees and justification for treatment. Members must strive to adopt a non-judgemental attitude towards patients. Where a Member considers that treatment is beyond his or her capacity or skill, the patient with his or her consent, should be referred to another Member or appropriate Health Care Practitioner. Members must take care when explaining the procedures and treatment which they propose to administer, and should recognise the patient's right to refuse treatment or ignore advice. It is unacceptable to solicit a patient by any means to accept treatment when he or she has not specifically requested it. Children and MinorsMembers shall take particular care in treating children and minors. The consent of a parent or legal guardian should be obtained in respect of any person under 16 years of age, or whatever age is specified in law at the time of treatment. Law and LiabilityMembers shall be responsible for being aware of their position and liability in law. Delegation of Professional DutiesMembers must take care to see that their practices are managed with due diligence, in particular, delegation of professional duties should be made only in favour of those qualified to accept them. Locum ArrangementsIt is the duty of the Member if he or she is away from the practice for any length of time to ensure that adequate arrangements are made to enable patients to receive treatment. ConfidentialityMembers have an implicit duty, within the law, to keep all information concerning, and views formed about, patients entirely confidential between the Member and the patient concerned. This same level of confidence must be maintained by assistants and receptionists when these are employed. Even the fact of a patient's attendance at a Member's practice should be considered confidential, and should not be disclosed to a third party without the patient's consent. Members are warned not to assume details of a wife's or husband's case should be freely discussed with the other. The above ruling applies to all parties including next of kin and Members should never allow a third person to be present unless with the express consent of the patient. Disclosure of any confidential information to a third person is only in order when all the following requirements are met:-i) Disclosure is in the patient's interests.ii) It is done with the patient's knowledge and consent except where the patient is not in a condition to give this and a third person is in a position to be responsible for patient's interests.iii) There is a real need for such information to be imparted, such as when a Member considers a case should be referred to a colleague. The only exceptions to this principle of confidentiality are:-i) When the law requires the information to be divulged (see below, Member's Obligations to the Public).ii) When for reasons relating to the condition or treatment of a patient it is undesirable to seek his or her consent, but it is in the patient's own interest that confidentiality should be broken.iii) When the member reasonably considers that his or her duty to society at large takes precedence.iv) When case histories are used for herbal training, research or publication. In these cases the patient's anonymity must be very strictly preserved. Members must ensure that they keep clear and comprehensive records of the treatment they administer to patients. 

B. Member's Obligations to the Public 

B1. Disclosure of Information
 It may happen that Members receive requests by Courts of Law for the disclosure of confidential information. In such case, Members should first refer the matter to Council of the Institute for advice. If a Member is asked in a Court of Law to disclose information which he or she considers confidential, the Member should ask the Court to take into consideration his or her reasons for not wanting to divulge the information requested, i.e. on the grounds of professional secrecy. If the Court nevertheless overrules this contention and requires disclosure of the information, the Member may be in contempt of court by refusing to disclose it, but if he or she does refuse, the Council will not hold the Member to be acting in breach of this Code of Ethics.It is by no means certain that herbalists would be afforded the same rights generally given to registered medical practitioners regarding the withholding of confidential information on the grounds of professional secrecy. In serious cases, such withholding of information might be construed as an attempt to obstruct the course of justice. In cases where sensitive information is given to a practitioner, especially regarding activities of a criminal nature, Members are strongly advised to take legal advice and to consult the Secretary of the Association before deciding how best to proceed. When in doubt concerning any matters that have legal implications, a Member would be wise to consult the Secretary of the Institute. 

B2. Use of the Title 'Doctor' 
No member may use the title 'Doctor' either directly or indirectly in such a way as to imply that he or she is a registered medical practitioner, unless this be the case. Examples of direct use by a Member would be using the title on a nameplate or notepaper, or in a directory or simply by referring to himself or herself as a registered medical practitioner. An example of indirect use would be to permit a person to refer to the Member as a registered medical practitioner without correcting him or her. The mis-use of the title 'Doctor' will be construed by the Council as misleading to the public. 

C. Members' Obligations to other Practitioner
s It is against the interests of the Association to have distrust or dispute between Members. Members shall at all times conduct themselves in a honourable manner in their relations with other practitioners. Members shall at all times avoid discrimination against another Member, especially regarding nationality, sex or creed. C1. Transfer of a Patient Action taken by a Member to persuade the patient of another practitioner or of his or her principal (if he or she is employed as an assistant), or of a clinic in which he or she may be working, to patronize him or her is in all circumstances unethical and contravenes this Code of Ethics. In consequence it is advisable that Members should apply a clear and proper procedure when exchanging or referring patients or dealing with the patients of other practitioners. When a Member treats a patient of another practitioner (referred by the other or not) due to holidays, illness, or any other reason, the Member shall consider himself or herself to be under an obligation to encourage the patient to return to the original practitioner as soon as that practitioner can accept them back for treatment, and to inform the original practitioner as to which patients have been treated and the treatment that has been given. In the same way, when a patient attends a second practitioner because the original practitioner has for any reason neglected to refer them or to give them advice on where to go, the obligation on the second practitioner still remains the same. An exception to this may be if the original practitioner indicates that he or she wishes otherwise. In all cases the decision whether or not to return to the original practitioner rests solely with the patient and no attempt must be made by either practitioner to persuade the patient to remain with, or return to, him or her. Any such attempt would amount to soliciting the patient to accept treatment when he or she has not specifically requested it and would therefore be construed as unethical conduct. If a patient decides against returning to the original practitioner, the second practitioner should ask the patient to inform the original practitioner in writing or should do this her/himself. Where a patient transfers to another practitioner for any reason, eg change of location, all possible help should be afforded to the second practitioner if requested. The Council of the Association would not wish to lay down specific rules as to what information about the patient should be forwarded to the second practitioner. The determining factor should be the interests of the patient, and his or her consent to pass on information given by them in confidence should always be obtained. If a patient chooses for personal reasons to transfer to another practitioner without the knowledge or recommendation of the original practitioner, it would be advisable as a matter of courtesy for the second practitioner to inform the original practitioner before making any further arrangements, so that any relevant information may be exchanged. 

C2. Denigration
 No matter how justified a practitioner may feel in holding critical views of a colleague's competence or behaviour, it is unprofessional and would be considered unethical that he or she should communicate such an opinion to a third party. Not only might such criticisms be unjustified or slanderous, but it is contrary to good herbal practice that the confidence of the public should be undermined because of personally held views. A Member to whom criticisms of a colleague's competence or behaviour are communicated, whether he or she be a Member of the Association or not, should at all times act with discretion and should express no opinion. An exception to this is when a Member needs to refer a complaint to the Council of the Association. 

RULE TWO

MEMBERS OF THE IIMH SHALL AT ALL TIMES ABIDE BY THE ADVERTISING CODES LAID DOWN BY THE COUNCIL OF THE ASSOCIATION. 

The following principles will be applied by the Professional Ethics Committee of the IAMH in relation to advertisements by Members of the Association. The principles are explained and amplified in the Explanatory Guidelines. The Explanatory Guidelines will be adapted in the light of practical experience. 

1. Advertising, both in form and content, shall be appropriate to the interests of patients.

2. Advertising, both in form and content, shall be appropriate to the standing of the profession of medical herbalism and to the standing of a profession generally.

3. Advertising shall not contain claims of superiority, specialism or curability and any claims made shall be capable of substantiation.

4. Advertising shall not denigrate other Members of the profession or other professions.

5. Advertising shall not be false, fraudulent, misleading, deceptive, self-laudatory, extravagant or sensational.

6. Advertising shall comply with legal requirements. 

EXPLANATORY GUIDELINES 

A. Interests of Patients 

1. The prime task of a medical herbalist, as of any member of the medical and paramedical professions, is to relieve suffering. The interests of the patient, and of the prospective patient, are therefore paramount at all times in matters concerning advertising as in all other matters. 

2. Advertisements shall recognise that many patients, particularly those who are anxious for themselves or for their dependents, or who are in pain, may bevulnerable to advertising encouraging them to seek treatment which, in theirparticular condition, may be inappropriate or unnecessary.

3. Advertising shall not play on patients' anxiety or create unjustified expectations as to the form or length of treatment or its prospects for relieving the condition concerned.

4. The relationship between practitioner and patient is one of trust and it is essential that advertising shall be of such nature that the trust of the patient is not abused and his or her lack of knowledge of either the condition or medical herbalism is not exploited. 

B. Appropriate to the Profession 

1. The public expect high standards of propriety, integrity and behaviour from the professions. Accordingly advertising shall give members of the public theinformation which they need for their own purposes whilst retaining their confidence in medical herbalism and in the herbal profession.

2. Advertising shall not be of a kind which could reasonably be regarded as likely to bring the profession into disrepute.

3. Practices should be identified by professional name plates or signs of a size, colour and form appropriate to the nature of the area and to the location of the practice and bearing the names and qualifications of the medical herbalists practising at the premises. The names should be of those Members regularly in attendance; details of former practitioners should be removed within a reasonable period of time.

4. Non-herbal qualifications and titles may be shown in connection with a Member's practice such as degrees from bona-fide academic institutions, statutory designations or medical or para-medical qualifications awarded by established and generally recognised professional bodies of reputation and standing. The title 'Doctor', or its abbreviation, may not be used in any connection with the Member's practice unless the holder is a medical practitioner or holds a doctorate from a recognised University or other recognised teaching establishment and it is use in a form and manner which does not reasonably lead patients to believe that the holder is a Doctor of Medicine.

5. Where fees are quoted in an advertisement the fees charged for both the initial consultation, subsequent treatment sessions and likely prescription costs shall be stated. A clear indication of exactly what is included within the fees quoted shall also be given (eg whether prescriptions, if appropriate, are included within the initial consultation fee). If VAT is payable this should be stated and the fee quoted should be inclusive of VAT. Any arrangements for the discounting of fees shall be limited to specific groups or classes of patients and not be related to the treatment of particular conditions or be offered in the form of vouchers, incentives or similar schemes.

6. Advertising through unsolicited canvassing, by door to door or postal distribution, telephone or personal visits is prohibited.

7. Essential practice information, consisting of names and qualifications, address and telephone numbers, hours of business and arrangements for emergency cover and special facilities such as car parking and creches, and information about herbal medicine itself may be distributed to medical and bona-fide paramedical practitioners, dispensing chemists, health food shops, health centres and non-commercial points of contact such as libraries and information centres. Members may also circulate information about herbalism and their practice to those holding formal appointments as medical or personnel officers of commercial concerns in reasonable geographical proximity to the Member's practice.

8. Members are responsible for ensuring that their advertisements appear insurroundings which are appropriate to professional advertisements.

9. Where advertising takes place in joint advertisements with practitioners of other therapies, Members shall take reasonable steps to ensure that those other practitioners are members of recognised professional bodies whose standards ofpractice and behaviour are equivalent to those of the Association and that the professional advertisements are clearly separated from advertisements forcommercial or leisure activities.

10. Any member who is in doubt as to the appropriateness or otherwise of his/her advertising, must consult with the Council of the IIMH for clarification.

C. Claims 

1. Claims of superiority in advertisements are inappropriate.

2. Advertising which expressly or implicitly claims to cure conditions, as distinct from relieving symptoms, is prohibited.

3. The use of the term Consulting Medical Herbalist is forbidden unless so approved by Council. 

D. Denigration 

1. The interests of the patient and of the profession require that any denigration of a professional colleague, or member of another medical or para-medical profession,whether directly or by implication, is prohibited. 

E. Compliance with Other Requirements 

1. The attention of Members is drawn to current Codes of Advertising Practice within Ireland. 

F. Broadcasts, Lectures, Articles etc. 

Members are advised to consult the Secretary of the Association before participating in any form of publicity in the press, or on television or radio because: 

1. There is a risk that such participation might constitute advertising.

2. There may be difficulties which can be avoided only by means of expert advice. When asked for comment by a newspaper, Members should realise that they have little or no control over the published form and content, nor is there any certainty that they will be quoted in full, or in the context they intend. Similar dangers exist in edited television or radio programmes.

3. If not properly informed on the subject matter, a contributor could be responsible for the publication of incorrect information and thus be the cause of misleading information reaching the public. The Council and every Member must take all steps to ensure that publicity originating from them is seemly and proper, and does not in any way damage the public image of the profession or the Institute's interests. 

G. Informational Leaflets, Literature etc. 

G1. The circulation of literature intended to educate and inform the public about the work of members of the Irish Institute of Medical Herbalists, the scope of his or her services etc., is perfectly acceptable.

The following rules apply:- 

1. Any reference to an individual Member must be confined to his or her name, designatory letters, address and telephone number.

2. The literature offered should be of a strictly professional style or format.

3. The literature should be distributed to members of the public only at their express wish, eg. leaflets may be left in the reception area of the practice or posted at the request of an interested individual. In addition, informational literature may be distributed at appropriate exhibitions, seminars etc, in which a Member is participating. 

G2. Members may publish books, pamphlets and articles of an informative nature about herbalism and other subjects relevant to it. Such publications must however be of scientific or educational value, and must avoid matters that might be considered to be in the nature of excessive personal advertising. The Council considers that proper consultation over publicity of any sort is of paramount importance. This will not only help to avoid the pitfalls and difficulties outlined above, but will certainly be of great assistance to the Member involved in publicity and make it easier to deal successfully with it.Advertising and relations with the media are subjects of continuous review and discussion, not only among medical herbalists but all the healing professions. It is therefore not possible to outline all the situations and eventualities that may arise. A member in doubt as to any of the above matters should clarify his or her position in advance with the Council. 

H. Commercial Activity 

Members shall not use their membership qualification in the commercialization of any product or remedy or in connection with any retail or commercial establishment. 

RULE THREE

MEMBERS SHALL COMPLY AT ALL TIMES WITH THE REQUIREMENTS OF THE CODES OF PRACTICE. 

Any member who fails to meet the requirements of the Code of Practice may be held to be in breach of the Code of Ethics and may be subject to disciplinary measures on the grounds of professional misconduct (see Rule Six, Section B2). 

RULE FOUR

MEMBERS SHALL NOT GIVE FORMAL COURSES OF INSTRUCTION IN THE PRACTICE OF HERBAL MEDICINE WITHOUT THE APPROVAL OF THE COUNCIL OF THE ASSOCIATION. 

A. Lecturing to medical and paramedical groups and the public, in order that they may better understand the work of the qualified medical herbalist, the scope of his or her services and overall role is perfectly acceptable. The permitted scope of such lecturing is largely a matter of common sense in interpreting these guidelines. However, such lectures should be strictly informational and should not be promoted or constructed as being a 'training' in the theories or techniques of herbal medicine. It is acceptable to inform the public about the home-use of herbal remedies. 

B. The training of an individual or individuals by a Member in the techniques of medical herbalism without the express consent of the Council of the Association is strictly forbidden. The only exceptions to this rule are:-

1. Where the training is done by a Member under the auspices of a teachingestablishment approved by the Council of the Association.

2. Where the Member is training other fully qualified practitioners of herbal medicine and:-the contents of the course have been vetted and approved by the Council of the Association, and completion of the course does not lead to any 'qualifications', degrees', 'certificates' etc., apart from certificates of attendance, except where these have been approved by Council of the Association. In this section the word 'training' includes any lectures, demonstrations or study material given to individuals with the implication that the satisfactory completion of said work will enable them to refer to themselves as 'Medical Herbalists' or lead them to believe that they will be qualified to practise herbal medicine on the general public. 

C. The above rules do not preclude the participation of students of medical herbalism teaching establishments approved by the Council as observers, and in so far as they are qualified, as assistants in a Member's practice. Whenever herbal students are permitted to participate in the work of a Member, the Member must ensure that:-

1. The teaching establishment where the individual studies has been consulted and permission obtained.

2. Where case taking is observed or confidential information is discussed, theconsent of the patient is obtained before allowing the student access to this. 

RULE FIVE

IT IS REQUIRED THAT MEMBERS APPLY THE FOREGOING TO ALL THEIR PROFESSIONAL ACTIVITIES. 

A. Membership of other Professional Organisations 

Members of the Institute may not belong to other Irish organisations of Western Herbal Medicine, whose ethical and training standards may differ from those of the IIMH. 

B. Members of the IIMH Register Practising with Non-Members 

Any IIMH Member who has a non-member practising with him or her, or allows a non-member to practise at the same premises is warned of the risk of misleading patients directly, indirectly or by default, so as to believe that such an individual giving treatment is a Member of the IIMH. Furthermore, the fact that such non-member(s) are practising with him or her, be they medical herbalists or members of other professions, does not in any way alter the application of this Code of Ethics to the activities of the Member concerned. 

RULE SIX

INFRINGEMENT OF THE ETHICAL CODE RENDERS IIMH MEMBERS LIABLE TO DISCIPLINARY ACTION WITH SUBSEQUENT LOSS OF PRIVILEGES AND BENEFITS OF THE INSTITUTE. 

Professional Misconduct 

A. General 

A1. Examination of Complaints Members may be assured that all allegations made against them by individuals, whether patients or other members, will be carefully examined by the Ethics Committee under the procedure outlined below. Only following such an examination might a further hearing take place under the procedure laid down in the Disciplinary Procedures, at which it is possible, inter alia for a member to be expelled. The Ethics Committee acts impartially and its decisions depend solely on the facts and circumstances of each case. 

A2. Complaints Procedure Complaints against a Member are always investigated by the Council, provided such complaints are put in writing. The procedure is then that the Member is informed in writing of the complaint. The complainant's letter is acknowledged, and in all cases a copy of their letter is sent to the member concerned. A request for an explanation is made to the Member asking for a detailed explanation of their side of the matter, supported by documentary evidence where appropriate. A complaint against a Member can only be upheld if the Member is clearly shown to be in breach of the Ethical Code, and in all other matters it is up to the complainant, if still aggrieved, to seek redress through a Civil Action. See Appendix Two - Disciplinary Procedure. 

A3. Guidance If any Member requires advice on a Professional or Ethical problem, he or she may consult the Secretary of the Institute, who will refer him or her to the appropriate person or committee for advice. If the Council considers that giving advice may conflict with its judicial functions under the Constitution, it may refer him or her to an independent adviser. 

A4. Convictions Members should be aware that the Ethics Committee is obliged to accept the findings of a Court of Law, and is not able to re-open the investigation of facts which led to a conviction. The Ethics Committee will consider only the seriousness of the conviction and any surrounding circumstances in mitigation. Members should therefore treat with caution any encouragement to plead guilty to an offence and should take legal advice where possible. 

B Proscribed Conduct 

B1. Interpretation It is reiterated that the interpretation of 'Proscribed Conduct' which is provided in this Code of Ethics for the purposes of the disciplinary procedures as laid down in the Constitution, is not exhaustive and is intended as guidance only. 

 

APPENDIX ONE
CODE OF PRACTICE

A Medical Herbalist is required :

1. To avoid giving any herbal treatment intended to terminate a pregnancy;

2. To be aware of those diseases which are notifiable and to take appropriate action in these cases;

3. To keep detailed records of prescriptions and dispensing;

4. To label all medicines clearly, indicating the correct dosage and other directions for use, and with the name and address of the practitioner and the date of dispensing;

5. Not to claim verbally or in print to be able to cure any life-threatening or serious disease;

6. To ensure that the distribution or display of letter headings, business cards or practice information should be compatible with the highest professional medical standards;

7. To consider very carefully the implications of recommending a course of treatment contrary to the advice of the patient's registered medical practitioner or of not recommending referral to a registered medical practitioner in the case of serious disease or uncertain diagnosis; ( Members must be aware of their vulnerability in law on this issue and must ensure in such a case that all available information is given to the patient and that the patient makes the final decision without coercion).

8. To seek the presence of a parent or supervising adult during any treatment or examination of a child under the age of 16;

9. To respond promptly and responsibly to any warning issued e.g. by Government or scientific bodies, concerning the quality or safety of any medicine;

10. To advise the Secretary of the Association immediately in the event of any policy or governmental (including local government) inquiry into his or her practice;

11. To secure and maintain full professional indemnity insurance in accordance with such requirements of the Association as are from time to time in force.





APPENDIX TWO
DISCIPLINARY PROCEDURE

Dishonourable Conduct and Professional and Ethical Misconduct

1. (a) In these clauses the masculine shall include the feminine and the singular the plural.

(b) In this section, and subsequently, unless there is something in the subject or context inconsistent therewith, the following words shall have the meanings here assigned to them:-

"the P.E.S.C." means a Professional Ethics Sub-Committee consisting of not less than three nor more than five members of the Association appointed by the Chairperson to provide a reasonably balanced representation of the Membership. If, after the first hearing, the membership of the P.E.S.C. shall fall below five, for any reason whatsoever, the Chairperson shall not appoint Members to the P.E.S.C. to make good the deficiency for the purpose of further or adjourned hearings, and the remainder of the members of the P.E.S.C. who sat at the first hearing shall be deemed to be a properly constiuted P.E.S.C. for further or adjourned hearings provided that their number does not fall below three.

"the P.E.C." means the Professional Ethics Committee which shall consist (subject to clause 13 hereof) of the Chairperson and all members of the Council for the time being, provided that those members of the Council who constitute the quorum (clause 16 hereof) for the final hearing shall also sit for any further or adjourned hearing, and if their number falls below the quorum for any reason whatsoever, the remainder of the members who sat at the final hearing shall be deemed to be a properly constituted P.E.C. for such further or adjourned hearings provided that their number does not fall below three.

"proscribed conduct" means dishonourable conduct as defined in clause 3l of the Constitution, or professional or ethical misconduct which transgresses the Code of Ethics of the Association and such other misconduct as may reasonably be determined by the Council to be professional or ethical misconduct.

"the first hearing" means the date, time and place proposed for first consideration by the P.E.S.C. of an allegation of proscribed conduct.

"the final hearing" means the date, time and place proposed for first consideration by the P.E.C. of an allegation of proscribed conduct.

the "Constitution" is the Constitution of the Irish Association of Medical Herbalists.

"Member" means Member of the Irish Association of Medical Herbalists.

2. If the Chairperson (or in his absence the acting Chairperson) is notified or becomes aware that a Member ("the Member concerned") is alleged to have conducted himself in a manner which might constitute proscribed conduct he will appoint the P.E.S.C.

3. In determining whether conduct amounts to proscribed conduct, regard shall be had to any directions, advice or statements issued or made by or on behalf of the Council concerning the conduct and behaviour of Members whether of a general or specific nature, and of any Code of Ethics adopted by the Council or by the Members in General Meeting.

4. The P.E.S.C. shall serve on the Member concerned written notice of the allegation made against him:

(a) including full details of the complaint made against him;

(b) informing the Member concerned of the first hearing which shall be not less than 15 days after the date of the notice specified in this clause; and

(c) notifying the Member concerned of his right to submit:-

(i) a full written statement of evidence on his own behalf; and

(ii) a written request to submit oral evidence on his own behalf if he wishes to do so and informing him that the statement of evidence referred to in this sub-clause should be in full, bearing in mind the discretion of the P.E.S.C. to refuse oral evidence, and that such statement and/or request must be served on the P.E.S.C. not more than 14 days after service on the Member concerned of the notice specified in this clause.

5. The decision whether to accept oral evidence at the first hearing shall be at the absolute discretion of the P.E.S.C. who shall, before the date of the first hearing, or any adjourned or postponed date, have notified in accordance with clauses 4 and 6 (notice of further evidence) or clause 8 concerned (notice of postponement or adjournment), serve on the Member notice of such decision. In considering whether to accept a request by the Member concerned to submit oral evidence on his own behalf, the P.E.S.C. shall have regard (inter alia) to whether any oral evidence is being submitted in support of the allegation against him.

6. The P.E.S.C. or the P.E.C. may call for such further evidence as it may require to be submitted before the first hearing or the final hearing respectively (or any adjournment or postponement of either of them), provided that it serves on the Member concerned a written notice including reasonably full details of such further evidence and notifying him of his right to submit:-

(a) in the case of the P.E.S.C., a written reply to such further evidence, and a written request to give oral evidence in reply to such further evidence if he wishes to do so;

(b) in the case of the P.E.C., written notice of his intention to be heard in reply to such further evidence, or, if he does not wish to be heard, a written reply to such further evidence;

such reply and/or request and/or notice to be served on the P.E.S.C. or the P.E.C., as the case may be, not more than 14 days after service on the Member concerned of such notice of further evidence. If there are less than 14 clear days between the service of such a notice of further evidence and the date (or adjourned or postponed date) of the first hearing or the final hearing, as the case may be, the P.E.S.C. or the P.E.C., as the case may be, shall postpone or adjourn such hearing and give notice thereof in accordance with clause 8, at the same time as it serves the notice of further evidence specified in this Section.

7. If the Member concerned shall fail to serve on the P.E.S.C. or the P.E.C., as the case may be, a statement and/or reply and/or notice in accordance with clause 4 (reply to notice of allegation), clause 6 (reply to notice of further evidence), or clause 19 (reply to notice of final hearing), the P.E.S.C. or the P.E.C. may, after expiry of the time for service permitted by such clause, proceed to the first hearing or the final hearing respectively without considering any written evidence which would have been included in such statement and/or reply and/or notice and in the absence of the Member concerned (if a request to give oral evidence has not already been accepted by the P.E.S.C or an intention to be heard has not already been notified to the P.E.C.).

8. The P.E.S.C or the P.E.C. may adjourn or postpone (more than once, if necessary) the first hearing or the final hearing respectively for such period as it thinks fit, provided that at least 15 days before the new date fixed for such hearing, it serves written notice of the new date, time and place for such hearing on the Member concerned.

9. The P.E.S.C. shall, at the time and place and on the date notified for the first hearing, or of any duly notified postponement or adjournment thereof, meet to decide whether a case of proscribed conduct has been made out against the Member concerned. If it finds that a case has not been made out against the Member concerned, the P.E.S.C. shall dismiss the case. If it finds that a case has been made out, and that if proved it might lead to the expulsion of the Member concerned, the P.E.S.C. shall not hear the matter but shall require the Chairperson to convene a meeting of the P.E.C. If it finds that a case has been made out, but considers the complaint to be of a less serious nature, then it shall hear the matter and, if it finds the case proved, it shall:-

(a) impose no punishment; or

(b) censure the Member concerned; or

(c) censure and fine the Member concerned a sum not exceeding œ500, requiring him to pay such sum within a specified period which shall be less than 28 days.

The requirements of this clause shall be without prejudice to the power of the P.E.S.C. to adjourn the first hearing.

10. The P.E.S.C. shall, not more than 14 days after the first hearing, serve written notice on the Member concerned of its decision and submit a written report to the Chairperson. If the P.E.S.C. has decided to require the Chairperson to convene a meeting of the P.E.C., such written notice shall so inform the Member concerned. If the P.E.S.C. has decided to fine the Member concerned, such written notice shall state the fine and the period within which the Member concerned is required to pay such a fine, and shall inform him of his right to appeal to the P.E.C.

11. If the Member concerned intends to appeal to the P.E.C. against a fine imposed by the P.E.S.C., he shall, not more than 14 days after service on him of written notice of the decision of the P.E.S.C. in accordance with clause 10, serve on the P.E.S.C. written notice of his intention to appeal. If the Member concerned fails to serve such notice within such time, his right to appeal shall be lost.

12. If the P.E.S.C. shall have received notice of appeal in accordance with clause 11, it shall require the Chairperson to convene a meeting of the P.E.C. , and not more than 14 days after so requiring, shall serve on the Member concerned notice of the fact that it has done so.

13. Any person about whose conduct a complaint has been made or who has lodged a complaint against a Member or is likely to be called upon to give evidence in relation to any such complaint or who is directly interested in its outcome shall not be eligible to sit on the P.E.S.C. or the P.E.C. at which any such complaint is considered and no member of the P.E.S.C. which considers such a complaint shall be eligible to sit on the P.E.C. in respect of the same complaint.

14. Notices to be served in connection with any procedure relating to proscribed conduct shall be served in accordance with the following procedure:-

(a) a notice may be served by the Council upon any Member either personally or by sending it by prepaid first class recorded delivery post in a letter addressed to such Member at his last registered address;

(b) a notice so sent through the post shall be deemed to have been served on the day following that on which the letter containing the same was posted, and for overseas Members 10 days;

(c) any notice, requisition or other document which is to be served on the Association or on the Council or any officer thereof may be served by leaving it at, or sending it by first class postal delivery to, the address of the Secretary of the Association.

15. The P.E.C. shall have vested in it all the powers and discretions conferred upon the Council by the Constitution or by these clauses so far as they relate to any disciplinary action to be taken against a Member or the reason therefor.

16. A quorum of the P.E.C. shall consist of five members of the P.E.C. who may be assisted by a Legal Assessor who shall be a barrister or solicitor. If sufficient members of the P.E.C. are not available or eligible to form a quorum, sufficient additional Members may be appointed by the Council as members of the P.E.C. to constitute such quorum. Unless otherwise directed by the Chairperson or in his absence the acting Chairperson, not more than 7 members of the P.E.C. shall sit for the hearing of any case. Selection of the members of the P.E.C. to sit at each hearing shall be made by the Council. The Secretary to the Council shall act as Clerk to the P.E.C.

17. The Member concerned shall have the right to be heard by the P.E.C. if he so desires, either personally or by his counsel or solicitor or by a lay representative (which lay representative must be a Member), or if he does not so desire, to submit a statement in writing.

18. The Member concerned may, not less than 7 days before the date of the first hearing or the final hearing (but not an adjourned or postponed first hearing or final hearing) notified to him, serve on the P.E.S.C. or the P.E.C. (as the case may be) a request for further time in which to prepare his case. The P.E.S.C. or the P.E.C. (as the case may be) shall, on receipt of such a request, adjourn or postpone the first hearing or the final hearing respectively for a period of at least 15 days from the date of the request for further time, in accordance with clause 8 hereof.

19. The P.E.C. shall serve on the Member concerned written notice informing him of the final hearing, which shall be not less than 15 days after the date of service of such notice, and notifying the Member concerned of his right to submit:-

(a) notice of his intention (if any) to be heard in person or by his counsel, solicitor or representative; or

(b) if he does not so intend, a written statement of evidence on his own behalf, such notice or statement to be served on the P.E.C. not more than 14 days after service on the Member concerned of the notice specified in this clause.

20. The P.E.C. shall at the time and place and on the date notified for the final hearing or any duly notified postponement or adjournment thereof meet to determine the case. In considering the case, a conviction of any offence or any finding of fact by a Court or competent jurisdiction or of any other relevant professional tribunal shall be binding on the P.E.C. After hearing all the evidence presented for and against the Member concerned, the P.E.C. shall determine whether he has been guilty of proscribed conduct. If it finds that he has not been guilty of proscribed conduct, it shall dismiss the case. If it finds that he has been guilty of proscribed conduct it shall:-

(a) impose no punishment; or

(b) censure the Member concerned; or

(c) censure and fine the Member concerned a sum not exceeding œ1000, requiring him to pay such sum within a specified period which shall be not less than 28 days; or

(d) censure and expel the Member concerned from the Association and, if it thinks fit, prescribe a period of time during which no application for his re-election shall be considered; or

(e) censure and fine the Member concerned a sum not exceeding œ1000, requiring him to pay such sum within a specified period which shall be not less than 28 days, and expel him from the Association, and, if it thinks fit, prescribe a period of time during which no application for his re-election shall be considered.

The P.E.C. shall, not more than 14 days after the final hearing, serve written notice on the Member concerned of its decision which will be final and binding on all parties and shall submit a written report to the Chairperson.

The requirements of this clause shall be without prejudice to the Power of the P.E.C. to adjourn the final hearing.

21. No Member who has been fined, in accordance with clause 9 or 20, shall, so long as his fine remain unpaid, be entitled to attend or take part in the meetings of the Association or to receive the Association's printed papers nor shall he be entitled to vote.

22. If any Member on whom a fine has been imposed in accordance with clause 9 or 20, shall fail to pay such fine in full within the period required for payment thereof, the Council may resolve that his membership of the Association be terminated, whereupon he shall cease to be a Member forthwith, and, if it thinks fit the Council may prescribe a period of time during which no application for re-election of the Member concerned shall be considered. Nothing herein shall entitle the Member concerned to notice of the intention of the Council to consider such a resolution.

23. A person who has been expelled from the Association in accordance with clause 20, or whose membership has been terminated in accordance with clause 22, may apply for re-election to the Association provided that such application is made after any period which has been prescribed in accordance with such clauses and subject to the provisions of Section 3k of the Constitution (reinstatement following termination of membership or expulsion from the Association).

24. The P.E.C. shall have power to make or vary rules for any matters or procedures relating to proscribed conduct which are not covered by these clauses.