Regulation of Health and Social Care Professionals Consultation

Health
7.18 All of the governing legislation provides that a registrant’s fitness to practise may
be impaired by reason of adverse physical or mental health. This category of
impaired fitness to practise was introduced following increasing concerns in the
1960s and early 1970s about the inability of the existing regulatory system to
deal adequately with professionals who as a result of ill-health presented a risk to
patients but had not committed a criminal offence or been guilty of serious
misconduct. The most quoted example was professionals misusing drugs and
alcohol. 21 At some regulators health cases are dealt with separately through a
process which is overseen by a Health Committee, but others have subsumed
their Health Committees into the Fitness to Practise Committee or Panels.
7.19 Both the General Medical Council and the Nursing and Midwifery Council have
introduced rules which provide that when determining whether a practitioner’s
fitness to practise is impaired by reason of adverse physical or mental health, the
following may be taken into account:
(1) the practitioner’s current physical or mental condition;
(2) any continuing or episodic condition suffered by the practitioner; and
(3) a condition suffered by the practitioner which, although currently in
remission, may be expected to cause a recurrence of impairment of the
practitioner’s fitness to practise. 22
7.20 The General Pharmaceutical Council’s fitness to practise rules state that in
relation to evidence about the registrant’s physical or mental health which might
cast doubt on their fitness to practise, the committee must have particular regard
to “actual or potential self harm” and “harm to patients or the public”. 23
Other matters
7.21 Most of the governing legislation includes a specific provision that a person’s
fitness to practise may be regarded as impaired as a result of matters arising
outside of the jurisdiction of the regulator or when the person was not
registered. 24 Indeed, even where this is not stated expressly the position is likely
to be the same. 25
7.22 The General Optical Council’s fitness to practise procedures also extends to
business registrants. This is discussed separately in Part 11.
21 The Shipman Inquiry Fifth Report: Safeguarding Patients, Lessons from the Past –
Proposals for the Future (2004) Cm 6394, paras 22.1 to 22.3.
22 General Medical Council (Fitness to Practise) Rules Order of Council 2004, SI 2004 No
2608, r 17(6) and Nursing and Midwifery (Fitness to Practise) Rules Order of Council 2004,
SI 2004 No 1761, r 31(5).
23 General Pharmaceutical Council (Fitness to Practise and Disqualification etc Rules) Order
of Council 2010, SI 2010 No 1615, r 5(3).
24
The General Chiropractic Council, General Osteopathic Council and General Social Care
Council do not.
25
R v Prosthestists and Orthodontists Board ex p Lewis [2001] EWCA Civ 837, [2001] ACD
72 at [33].
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