MEMO

Having regard to a number of enquires, Medical Practitioners are
advised of the following:

1. A Certificate for Sick leave may be issued in circumstances where a Doctor/Patient
   relationship exists and where it is determined that a condition/disease exists which‚
   in the interest of the patient‚ will be better served by absence from work and /or the
   physical/health welfare of the community or other persons in the workplace is
   threatened.



2. It is within the right of the employer to (where some suspicion exists or otherwise)
   question‚ seek more information or (after proof of fraudulent certification) even
   deny the employee the application for sick leave. It is also within the right of the
   employer‚ in questionable circumstances‚ to seek a further opinion where
   warranted.



3. Where there is some evidence that the validity of sick leave certificate is in
   question, it is within the right of the employer to enter a complaint to the Medical
   Board of Trinidad and Tobago for further inquiry.



4. The foregoing notwithstanding‚ in certain circumstances‚ a case may be made out
   (in a Court of Law) for fraud against either or both parties. ( The conduct of an
   inquiry by the Board into a matter of this nature is not contingent on a finding of
   guilt in a court of law but rather is to be conducted as an independent inquiry by
   the Medical Board of Trinidad and Tobago).



5. The issue of a false sick leave certificate is in breach of the Medical Board Act
   (Section 24  [5]  [c]).   It is therefore  illegal to issue a sick leave certificate
   inconsistent with the requirements of paragraph 1 above.



6. Furthermore‚ the Medical Board Act (Section 24  [5]   [c]) specifies that a medical
   practitioner shall be deemed to be guilty of infamous or disgraceful conduct who
   knowingly gives a false sick leave certificate.   Such conduct therefore is unethical
   conduct.



7. Where there is proof that a medical practitioner has knowingly issued a false sick
   leave certificate‚  such practitioner will be liable to the sanctions as provided for
   under Section 24 [2] of the Medical Board Act namely:



• Censure or reprimand
• Suspension for a period not exceeding two years; or
• Erasure from the Register/revocation of his/her temporary licence as the case
  may be.



8. Where after due enquiry the practitioner has been deemed guilty of infamous or
   disgraceful conduct‚  such finding will form part of the permanent records of the
   member/ licensee (and will of necessity have to be part of the information that will
   be included in a letter of good standing - which may be required by other
   registration or professional bodies etc.).



9. The issue of a false sick leave certificate has been deemed to be serious
   professional misconduct by the court.



10. Where a medical practitioner seeks to extract from another practitioner a sick leave
    certificate in circumstances where the conditions are not fulfilled‚ such practitioner
    requesting the certificate could be deemed guilty of infamous or disgraceful
    conduct under Section 24 [5] [i] of the Medical Board Act and be subject to the
    sanctions of Section 24 [2] of the said Act.




ABONDONMENT‚   NEGLIGENCE   AND   GROSS
NEGLIGENCE


11. Medical Practitioners are strongly advised that every effort should be made to
    ensure - to best of their ability – that medically challenged persons are not
    disadvantaged in any way or their health status compromised.



12. Practitioners are further advised to be circumspect in their actions which can
    conceivably lead to allegations of either (i) abandonment of patients as provided
    for in the Medical Board Act (section 24 [5] [b] ) or (ii) of ( medical)negligence.
    Even more seriously‚in given circumstances‚ some actions can be deemed to be
    those of gross medical negligence or manslaughter .



13. These guidelines are issued by the Council of the Medical Board of Trinidad and
    Tobago with a view to guiding and assisting Medical Practitioners in the interest of
    their own professional safety and holds itself available to offer further guidance and
    advice.



14. Members are also urged to seek‚ and should avail themselves of advice from the
    Medical Protection Society.


In the interest of ethical practice.