Regulation of Health and Social Care Professionals Consultation

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13.39 The potential advantages of telehealth and telecare are said to include low admission rates to hospital and lower mortality rates. 36 The Government has indicated its continued support for such applications of technology. 37 Provisional view 13.40 Distance provision of services can undoubtedly bring benefits to those who may not be able to access easily the services they need, such as disabled people. However, the use of the internet or remote devices raises regulatory concerns because of the way in which those services may be delivered. 13.41 In terms of internet pharmacy, it is arguable that the availability of unregulated products should not be a primary concern for professional regulatory bodies, particularly where the Medicines and Healthcare products Regulatory Agency already exists. However, we acknowledge that the professional regulators have a legitimate concern where individuals are providing potentially harmful services or products. The issue for us is whether our statute can or should help the regulators deal with the issues that arise from the provision of such services. It may be that the role of domestic law is limited in being able to address an issue which arises at the international level or that other agencies are best placed to address this issue. 13.42 In terms of telehealth and telecare, the principal regulatory concern is that the individual making clinical decisions is appropriately qualified to give advice and suggest certain treatments. This may be relatively straightforward when the advice is being provided by a practitioner based in the UK, but this may be more difficult to monitor where the practitioner is overseas. There would clearly be public safety risks associated with inappropriately qualified individuals performing this function. Other problems that may arise include matters of confidentiality and disclosure. 13.43 We welcome suggestions about how our statute may enable the regulators to manage these issues, or whether they are issues for the regulators at all. Question 13-8: How might our statute enable the regulators to manage the issues that arise from distance service provision? 36 Department of Health, Whole System Demonstrator Programme: Headline Findings - December 2011 (2011). 37 HM Government, Investing in UK Health and Life Services (2011) p 13. 232
APPENDIX A PROVISIONAL PROPOSALS AND CONSULTATION QUESTIONS PART 2: THE STRUCTURE OF REFORM AND ACCOUNTABILITY Provisional Proposal 2-1: All the existing governing legislation should be repealed and a single Act of Parliament introduced which would provide the legal framework for all the professional regulators. Provisional Proposal 2-2: The new legal framework should impose consistency across the regulators where it is necessary in order to establish the same core functions, guarantee certain minimum procedural requirements and establish certain core requirements in the public interest. But otherwise the regulators should be given greater autonomy in the exercise of their statutory responsibilities and to adopt their own approach to regulation in the light of their circumstances and resources. Provisional Proposal 2-3: The regulators should be given broad powers to make or amend rules concerning the exercise of their functions and governance without any direct oversight, including Privy Council approval and Government scrutiny (subject to certain safeguards). Question 2-4: Would the perceived status of legal rules be less clear or certain without Parliamentary approval? Should the CHRE be given an active role in scrutinising new rules, or should a limited number of the rules be subject to Secretary of State approval and contained in a statutory instrument? Provisional Proposal 2-5: The power of the regulators to issue standing orders should be abolished. Provisional Proposal 2-6: The regulators should have the ability to implement their statutory powers by making rules, instead of a mixture of rules and regulations. Provisional Proposal 2-7: The statute should require the regulators to consult whenever issuing or varying anything which is binding, anything which sets a benchmark or standard, and a competency. The regulators should be required to consult such persons it considers appropriate, including: (1) members of the public, patients and service users; (2) registrants (including business registrants); (3) employers of registrants; (4) the other health and social care professional regulators, the CHRE, the health and social care inspectorates, the independent safeguarding authorities and any other regulatory bodies; (5) the Department of Health, Northern Ireland Executive, Scottish Government and Welsh Government; 233
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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
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interests of its members. Under our
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3.36 In our view, the need for gene
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PART 4 GOVERNANCE 4.1 All of the re
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egulators would be placed directly
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powers to investigate and intervene
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4.30 A regulator not included in ta
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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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Page 268 and 269: (68) Speech therapist NURSING AND M
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