Regulation of Health and Social Care Professionals Consultation

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the Government in its guidance to departments. 96 Our final recommendations will need to reflect the principles set out in this review. Provisional Proposal 5-31: All the existing protected titles and functions that are contained currently in the governing legislation should be specified in the new statute. Provisional Proposal 5-32: Government should be given a regulation-making power to add to or remove any of the protected titles and functions. Question 5-33: How appropriate are the existing protected titles and functions? Provisional Proposal 5-34: The regulators will have powers to bring prosecutions and will be required to set out in a publicly available document their policy on bringing prosecutions (except in Scotland). 96 Ministry of Justice, Criminal Offences Gateway Guidance (2011). 98
PART 6 EDUCATION, CONDUCT AND PRACTICE 6.1 One of the key functions of the regulators is to ensure proper standards of practice throughout a professional’s career. To achieve this, the regulators oversee the quality of pre-registration and post-registration education and training in order to equip students with the skills and knowledge they need for practice. They also issue guidance such as codes of conduct, standards of proficiency and ethical guidelines which set out the values and principles on which good practice is founded. In addition, the regulators require registrants to keep their knowledge and skills up to date throughout their working life and to maintain and improve their performance. 6.2 This Part considers how the new statute should enable the regulators to carry out these roles. It is divided into the following: (1) overlapping responsibilities; (2) education; (3) guidance; and (4) ongoing standards of practice. OVERLAPPING RESPONSIBILITIES 6.3 The regulator is only one player in the complex fields of ensuring proper standards of professional education, conduct and practice. Furthermore, health and social care education and clinical standards are to a significant degree devolved matters, which adds a further level of complexity. 6.4 In education and training, there is considerable overlap between the functions of the regulators in setting standards and the roles undertaken by other bodies. For example, the education of health and social care professionals will fall often within the sphere of higher education and the auditing and inspections regimes that apply. These regimes in England include those maintained by the Higher Education Funding Council for England, Quality Assurance Agency, Office for Fair Access and Office of the Independent Adjudicator. These external quality assurance activities are in addition to higher education institutions’ own internal quality assurance processes. 6.5 There are also a number of different bodies with varying degrees of responsibility for education and training provision, including universities and other education institutions (such as medical and dental schools), Royal Colleges and other representative bodies, local authorities, Skills Sector Councils (such as Skills for Health), Medical Education England, NHS Education for Scotland, Wales Deanery and the Northern Ireland Medical and Dental Training Agency. This degree of overlap requires significant coordination between the various bodies. For example, at the General Medical Council this is achieved through a three tier quality assurance model: the General Medical Council sets the standards, requirements and outcomes for medical education and training, the medical schools and deaneries provide the Council with evidence that the standards are 99
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Law Commission Scottish Law Commiss
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CODE OF PRACTICE ON CONSULTATION Th
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The default powers of the Privy Cou
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Review hearings 187 Should regulato
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FOREWORD BY THE CHAIRMEN OF THE LAW
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TABLE OF ABBREVIATIONS CHRE Council
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approval imposes burdens on the Dep
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1.14 Second, recent times have witn
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constrain the costs of the current
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1.26 The regulation of social care
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1.34 We will be undertaking a wide
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on several occasions. 4 2.3 There a
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workers), some are largely self-emp
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(2) to guarantee minimum procedural
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(8) the instrument is scrutinised b
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subject to scrutiny by the Joint Co
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PUBLIC CONSULTATION 2.37 Consultati
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(1) that which is binding (such as
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2.54 The role of the Privy Council
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Parliament”. 34 It is likely that
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(1) a report on the exercise of its
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earlier in this Part, Orders in Cou
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2.87 But the retention of section 6
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safety and well-being of the public
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Provisional Proposal 2-18: The Gove
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2.119 But we also consider it impor
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PART 3 MAIN DUTY AND GENERAL FUNCTI
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asset”. 10 The courts have also r
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practise is impaired. Thus, in maki
Page 60 and 61: interests of its members. Under our
Page 62 and 63: 3.36 In our view, the need for gene
Page 64 and 65: PART 4 GOVERNANCE 4.1 All of the re
Page 66 and 67: egulators would be placed directly
Page 68 and 69: powers to investigate and intervene
Page 70 and 71: 4.30 A regulator not included in ta
Page 72 and 73: Education and training 4.39 Most co
Page 74 and 75: must be lay or that there should be
Page 76 and 77: 4.57 The General Medical Council ha
Page 78 and 79: 4.66 Moreover, it is not evident th
Page 80 and 81: PART 5 REGISTERS 5.1 A key statutor
Page 82 and 83: 5.9 However, the significance of re
Page 84 and 85: 5.18 In effect, statutory powers wo
Page 86 and 87: 5.25 Finally, a small number of the
Page 88 and 89: Voluntary registers 5.33 Our provis
Page 90 and 91: Council may register a person (or g
Page 92 and 93: through negligence on the part of a
Page 94 and 95: 5.61 We propose that the statute sh
Page 96 and 97: communicated, which have no formal
Page 98 and 99: the statute should impose the same
Page 100 and 101: 5.90 In some cases, the right to ap
Page 102 and 103: not complied with continuing profes
Page 104 and 105: could be made to provide better inf
Page 106 and 107: and provide links to information ab
Page 108 and 109: which practitioners have undertaken
Page 112 and 113: eing met by the local education pro
Page 114 and 115: 6.13 Second, our legal framework wo
Page 116 and 117: Medical Council must satisfy the re
Page 118 and 119: 6.31 The Health Professions Council
Page 120 and 121: (1) which qualifications are approv
Page 122 and 123: 6.48 Finally, there are a number of
Page 124 and 125: Good Medical Practice which covers
Page 126 and 127: and other optical appliances, such
Page 128 and 129: 6.72 We also believe that the new l
Page 130 and 131: looked at in detail only when conce
Page 132 and 133: professionals to remain registered
Page 134 and 135: Misconduct 7.6 Most of the governin
Page 136 and 137: (1) an order under section 246(2) o
Page 138 and 139: THE FITNESS TO PRACTISE FINDINGS 7.
Page 140 and 141: Option 2: consolidation of the exis
Page 142 and 143: (a) has in the past acted and/or is
Page 144 and 145: that many of the regulators have de
Page 146 and 147: PART 8 FITNESS TO PRACTISE: INVESTI
Page 148 and 149: language is not English. 7 However,
Page 150 and 151: of working around their legislative
Page 152 and 153: 8.22 Some of the regulators, such a
Page 154 and 155: undertake this task, for example, i
Page 156 and 157: Assessments 8.37 Most regulators ha
Page 158 and 159: (1) an Investigation Committee whic
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THRESHOLD TEST 8.52 Having undertak
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egulators accept undertakings given
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hearings or other safeguards, espec
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epeated. Second, following an inves
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Provisional view 8.84 The current p
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PART 9 FITNESS TO PRACTISE: ADJUDIC
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of the individual circumstances of
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practise process to be considered i
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to set up and the new arrangements
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oversee their Panel appointment pro
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the regulators to ensure that Panel
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9.50 For most regulators the fitnes
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enable the regulators to deliver ma
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(3) a private hearing is necessary
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Question 9-16: Should the statute p
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and final sanction”. 63 We theref
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Question 9-22: Should the statute g
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found to be unfit to practise. 73 W
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accountable, consistent, transparen
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above. The Council for Healthcare R
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Provisional Proposal 9-32: The stat
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that the sanction is clearly inappr
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away from self-regulation in health
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may appoint employees and has a wid
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Provisional Proposal 10-3: Appointm
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general functions should be retaine
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the imposition of a relevant sancti
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independence of the new Medical Pra
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11.5 However, it may be that the co
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Act 1972. For example, the Medicine
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is fit to carry on such a business
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extend to all businesses or to all
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Council and Care Quality Commission
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in the 2011 White Paper Enabling Ex
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12.13 The Council for Healthcare Re
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12.23 We welcome views on the examp
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places a general duty to cooperate
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equired to give due consideration t
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professions are not subject to the
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attach to systemic failures to impl
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Order 1976. The definition of the U
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oute to UK registration. 30 The Gen
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13.39 The potential advantages of t
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(6) professional bodies that repres
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Provisional Proposal 4-2: The statu
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(5) the appointment of visitors and
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Provisional Proposal 8-13: The powe
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Provisional Proposal 10-3: Appointm
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PART 13: CROSS BORDER ISSUES Provis
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GENERAL SOCIAL CARE COUNCIL It shal
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(8) Standards Committee GENERAL OST
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(22) Licentiate in medicine and sur
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(68) Speech therapist NURSING AND M
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