Regulation of Health and Social Care Professionals Consultation

GUIDANCE
6.49 There are various types of guidance issued by the regulators which can be
divided into the following categories: codes of conduct, standards of proficiency,
and ethical guidelines and other guidance. However, in practice there is no bright
line distinction and much overlap between the categories.
6.50 The following discussion considers guidance issued for individual registrants.
Some of the regulators are also given powers to set standards for businesses.
These are discussed separately in Part 11.
Codes of conduct
6.51 A code of conduct which incorporates a declaration of professional values has
been described as “a distinguishing feature and its observance a condition of
membership of most professional bodies”. 37 The purpose of such a code is to
provide a summary of how registrants are expected to behave and informs not
only the professionals themselves but also patients and the general public. Most
of the regulators are required or empowered by their governing legislation to
prepare and publish a code of conduct. 38 However, the nomenclature used for
each document varies across the regulators and includes Code of Conduct,
Standards of Practice, Code of Practice and Standards of Conduct, Ethics and
Performance. The governing legislation often states that this document should be
published and reviewed from time to time.
6.52 The content and length of these documents varies considerably. Some are only
short pamphlets which contain a brief list of broad principles. These principles
can include generic values which reflect more general commitments for instance
honesty, integrity, confidentiality and trustworthiness, as well as values that relate
directly to professional practice such as beneficence, respect for autonomy and
the centrality of the service user. Some codes also include technical information
about matters such as indemnity insurance. Other codes are more expansive and
amount to detailed guidance on how a professional should perform their core
tasks. These types of guidance tend to combine both standards of practice and
standards of proficiency (see below). Some of the codes also cover complex
ethical/legal matters such as disclosures without consent, obtaining informed
consent and living wills.
6.53 It has been pointed out that, in the past, codes have been concerned with issues
of professional self-interest and etiquette such as restrictions on advertising and
refraining from making disparaging remarks about colleagues. In recent times
they have become concerned with emphasising a patient-led approach that
places weight on patient autonomy and prioritises the patient’s interests. This has
led to increased emphasis on consent, confidentiality and responding to
complaints. 39 One of the most detailed codes is the General Medical Council’s
37
D Badcott, “Professional Values: Introduction to a Theme” (2011) 14 Medical Health Care
and Philosophy 185, 185.
38 For an example of a requirement, see Chiropractors Act 1994, s 19(1) and Dentists Act
1984 s 36M. For an example of a general power see Health Professions Order 2001, SI
2001 No 254, art 21.
39 J Stone “Evaluating the Ethical and Legal Content of Professional Codes of Ethics” in J
Allsop and M Saks (eds), Regulating the Health Professions (2003).
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