Regulation of Health and Social Care Professionals Consultation

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on several occasions. 4 2.3 There are currently ten separate pieces of legislation that govern the regulators. Seven regulators are governed by an Act of Parliament and three by an Order in Council made under section 60 of the Health Act 1999. The relevant legislation is listed in table 1 below. Governing legislation GCC Chiropractors Act 1994 GDC Dentists Act 1984 GMC Medical Act 1983 GOC Opticians Act 1989 GOsC Osteopaths Act 1993 GPhC Pharmacy Order 2010 GSCC Care Standards Act 2000 HPC Health Professions Order 2001 NMC Nursing and Midwifery Order 2001 PSNI Pharmacy (Northern Ireland) Order 1976 12 Table 1: Governing legislation 2.4 In addition to this legislation, the Council for Healthcare Regulatory Excellence is governed by the NHS Reform and Health Care Professions Act 2002. This legal framework will be reformed as a result of the Health and Social Care Bill 2011. The Council is an independent overarching body with the general task of overseeing the work of the nine health care regulators. The role of the Council and the proposed reforms are discussed in detail in Part 10. 2.5 Because the legislative framework has been allowed to develop in a piecemeal fashion, there are various idiosyncrasies and inconsistencies in the powers, duties and responsibilities of each regulator. For example, although the regulators fulfil broadly similar functions – maintaining a register, setting standards of education and training, and investigating and adjudicating fitness to practise cases – their ability to make rules and regulations which flesh out the detail of these functions varies. For example, some regulators have no powers to screen out certain categories of complaint and therefore must deal with all allegations through formal fitness to practise procedures, while other regulators have considerable discretion to dispose of cases without the need for formal procedures (see Part 8). There are also differences in the powers to gather and 4 For example, Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009, SI 2009 No 1182.
share information, definitions of a vulnerable witness, powers to call witnesses, and sanctions that can be imposed by a Fitness to Practise Panel (see Part 9). Professional groups 2.6 The legal framework extends to a diverse range of professional groups; the regulators are responsible for regulating 31 different health professions consisting of approximately 1.4 million professionals across the UK, and 105,000 social workers and social work students in England. 5 The 32 registered health and social care professions and the relevant regulator are listed in table 2 below. Registered professions GCC Chiropractors GDC Dentists, clinical dental technicians, dental hygienists, dental nurses, dental technicians, dental therapists and orthodontic therapists GMC Doctors GOC Optometrists and dispensing opticians GOsC Osteopaths GPhC Pharmacists and pharmacy technicians in Great Britain GSCC Social workers in England HPC Arts therapists, biomedical scientists, chiropodists/podiatrists, clinical scientists, dieticians, hearing aid dispensers, occupational therapists, operating department practitioners, orthoptists, paramedics, physiotherapists, practitioner psychologists, prosthetists/orthotists, radiographers and speech and language therapists NMC Nurses and midwives PSNI Pharmacists in Northern Ireland 13 Table 2: Registered professions 2.7 The differences between the professions do not relate only to the types of work undertaken. Each of the professional groups has its own culture, background, expertise and structure. For example, some professions have a long history of self-regulation, while others are relatively young professions with little experience of being regulated at all. A significant number of the professional groups are employed largely in the public sector (such as doctors, nurses and social 5 Enabling Excellence: Autonomy and Accountability for Healthcare Workers, Social Workers and Social Care Workers (2011) Cm 8008, para 4.1 and General Social Care Council, Annual Report and Accounts: 2010-11, (2011) p 14.
Page 1: Law Commission Scottish Law Commiss
Page 4 and 5: CODE OF PRACTICE ON CONSULTATION Th
Page 6 and 7: The default powers of the Privy Cou
Page 8 and 9: Review hearings 187 Should regulato
Page 10 and 11: FOREWORD BY THE CHAIRMEN OF THE LAW
Page 12 and 13: TABLE OF ABBREVIATIONS CHRE Council
Page 14 and 15: approval imposes burdens on the Dep
Page 16 and 17: 1.14 Second, recent times have witn
Page 18 and 19: constrain the costs of the current
Page 20 and 21: 1.26 The regulation of social care
Page 22 and 23: 1.34 We will be undertaking a wide
Page 26 and 27: workers), some are largely self-emp
Page 28 and 29: (2) to guarantee minimum procedural
Page 30 and 31: (8) the instrument is scrutinised b
Page 32 and 33: subject to scrutiny by the Joint Co
Page 34 and 35: PUBLIC CONSULTATION 2.37 Consultati
Page 36 and 37: (1) that which is binding (such as
Page 38 and 39: 2.54 The role of the Privy Council
Page 40 and 41: Parliament”. 34 It is likely that
Page 42 and 43: (1) a report on the exercise of its
Page 44 and 45: earlier in this Part, Orders in Cou
Page 46 and 47: 2.87 But the retention of section 6
Page 48 and 49: safety and well-being of the public
Page 50 and 51: Provisional Proposal 2-18: The Gove
Page 52 and 53: 2.119 But we also consider it impor
Page 54 and 55: PART 3 MAIN DUTY AND GENERAL FUNCTI
Page 56 and 57: asset”. 10 The courts have also r
Page 58 and 59: 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
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must be lay or that there should be
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4.57 The General Medical Council ha
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4.66 Moreover, it is not evident th
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PART 5 REGISTERS 5.1 A key statutor
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5.9 However, the significance of re
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5.18 In effect, statutory powers wo
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5.25 Finally, a small number of the
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Voluntary registers 5.33 Our provis
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Council may register a person (or g
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through negligence on the part of a
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5.61 We propose that the statute sh
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communicated, which have no formal
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the statute should impose the same
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5.90 In some cases, the right to ap
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not complied with continuing profes
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could be made to provide better inf
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and provide links to information ab
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which practitioners have undertaken
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the Government in its guidance to d
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eing met by the local education pro
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6.13 Second, our legal framework wo
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Medical Council must satisfy the re
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6.31 The Health Professions Council
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(1) which qualifications are approv
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6.48 Finally, there are a number of
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Good Medical Practice which covers
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and other optical appliances, such
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6.72 We also believe that the new l
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looked at in detail only when conce
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professionals to remain registered
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Misconduct 7.6 Most of the governin
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(1) an order under section 246(2) o
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THE FITNESS TO PRACTISE FINDINGS 7.
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Option 2: consolidation of the exis
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(a) has in the past acted and/or is
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that many of the regulators have de
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PART 8 FITNESS TO PRACTISE: INVESTI
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language is not English. 7 However,
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of working around their legislative
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8.22 Some of the regulators, such a
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undertake this task, for example, i
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Assessments 8.37 Most regulators ha
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(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
Page 202 and 203:
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
Page 212 and 213:
the imposition of a relevant sancti
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independence of the new Medical Pra
Page 216 and 217:
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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Page 252 and 253:
(5) the appointment of visitors and
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Provisional Proposal 8-13: The powe
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Page 258 and 259:
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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