Regulation of Health and Social Care Professionals Consultation

More documents

Recommendations

Info

(5) the appointment of visitors and establishment of a system of inspection of all relevant education institutions. Provisional Proposal 6-3: The statute should require the regulators to establish and maintain a published list of approved institutions and/or courses and programmes, and publish information on any decisions regarding approvals. Provisional Proposal 6-4: The statute should require education institutions to pass on to the regulator in question information about student fitness to practise sanctions. Question 6-5: Should the powers of the regulators extend to matters such as a national assessment of students? Question 6-6: Should the regulators be given powers over the selection of those entering education? Question 6-7: Could our proposals go further in providing a framework for the approval of multi-disciplinary education and training, and if so how? Question 6-8: Is too much guidance being issued by the regulators and how useful is the guidance in practice? Provisional Proposal 6-9: The statute should require the regulators to issue guidance for professional conduct and practice. Provisional Proposal 6-10: The statute should provide for two separate types of guidance: tier one guidance which must be complied with unless there are good reasons for not doing so, and tier two guidance which must be taken into account and given due weight. The regulators would be required to state in the document whether it is tier one guidance or tier two guidance. Question 6-11: How should the legal framework deal with the regulators’ responsibilities in relation to professional ethics? Provisional Proposal 6-12: The statute will require the regulators to ensure ongoing standards of conduct and practice through continuing professional development (including the ability to make rules on revalidation). PART 7: FITNESS TO PRACTISE: IMPAIRMENT Question 7-1: Should the statute: (1) retain the existing two-stage approach for determining impaired fitness to practise; or (2) implement the recommendations of the Shipman report; or (3) remove the current statutory grounds which form the basis of an impairment and introduce a new test of impaired fitness to practise based on whether the registrant poses a risk to the public (and that confidence in the profession has been or will be undermined)? Question 7-2: If a list of statutory grounds of impaired fitness to practise is retained, should it refer to a broader range of non-conviction disposals? 240
Question 7-3: How adequate are the powers of the regulators to require disclosures from the Independent Safeguarding Authority and Disclosure Scotland? What practical difficulties, if any, arise as a result of differences between the protection of vulnerable groups schemes in England, Wales, Northern Ireland and Scotland? PART 8: FITNESS TO PRACTISE: INVESTIGATION Question 8-1: Should the new legal framework remove the concept of an allegation entirely and instead give the regulators broad powers to deal with all information and complaints in such manner as they consider just (subject to a requirement that cases where there are reasonable prospects of proving impairment must be referred for fitness to practise proceedings)? Provisional Proposal 8-2: The statute should provide that all the regulators will be able to consider any information which comes to their attention as an allegation and not just formal complaints. Provisional Proposal 8-3: The statute should contain a clear statement that there is no set format for allegations. Question 8-4: Should the statute prohibit the regulators from setting a time limit for bringing an allegation against a registrant or should there be a consistent time limit for allegations across the regulators (and if so, what should it be)? Provisional Proposal 8-5: All the regulators should have the power to establish a formal process for the initial consideration of allegations (such as screeners). Provisional Proposal 8-6: The regulators should have the power to prohibit certain people from undertaking the initial consideration of allegations and specify that only certain people can undertake this task. Provisional Proposal 8-7: The regulators should have powers to establish referral criteria for an investigation and specify cases which must be referred directly to a Fitness to Practise Panel. Question 8-8: Should the statute impose more consistency in relation to the criteria used by regulators to refer cases for an investigation or the cases that must be referred directly to a Fitness to Practise Panel? Provisional Proposal 8-9: The statute should enable but not require the regulators to establish an Investigation Committee. Provisional Proposal 8-10: The regulators should be given broad rule making powers concerning how and by whom an investigation is carried out. Provisional Proposal 8-11: The statute should give all the regulators a general power to require the disclosure of information where the fitness to practise of a registrant is in question. Question 8-12: Are the existing formulations of the power to require disclosure of information useful and clear in practice? 241
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 24 and 25:
on several occasions. 4 2.3 There a
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
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 110 and 111:
the Government in its guidance to d
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
Page 160 and 161:
THRESHOLD TEST 8.52 Having undertak
Page 162 and 163:
egulators accept undertakings given
Page 164 and 165:
hearings or other safeguards, espec
Page 166 and 167:
epeated. Second, following an inves
Page 168 and 169:
Provisional view 8.84 The current p
Page 170 and 171:
PART 9 FITNESS TO PRACTISE: ADJUDIC
Page 172 and 173:
of the individual circumstances of
Page 174 and 175:
practise process to be considered i
Page 176 and 177:
to set up and the new arrangements
Page 178 and 179:
oversee their Panel appointment pro
Page 180 and 181:
the regulators to ensure that Panel
Page 182 and 183:
9.50 For most regulators the fitnes
Page 184 and 185:
enable the regulators to deliver ma
Page 186 and 187:
(3) a private hearing is necessary
Page 188 and 189:
Question 9-16: Should the statute p
Page 190 and 191:
and final sanction”. 63 We theref
Page 192 and 193:
Question 9-22: Should the statute g
Page 194 and 195:
found to be unfit to practise. 73 W
Page 196 and 197:
accountable, consistent, transparen
Page 198 and 199:
above. The Council for Healthcare R
Page 200 and 201:
Provisional Proposal 9-32: The stat
Page 202 and 203: that the sanction is clearly inappr
Page 204 and 205: away from self-regulation in health
Page 206 and 207: may appoint employees and has a wid
Page 208 and 209: Provisional Proposal 10-3: Appointm
Page 210 and 211: general functions should be retaine
Page 212 and 213: the imposition of a relevant sancti
Page 214 and 215: independence of the new Medical Pra
Page 216 and 217: 11.5 However, it may be that the co
Page 218 and 219: Act 1972. For example, the Medicine
Page 220 and 221: is fit to carry on such a business
Page 222 and 223: extend to all businesses or to all
Page 224 and 225: Council and Care Quality Commission
Page 226 and 227: in the 2011 White Paper Enabling Ex
Page 228 and 229: 12.13 The Council for Healthcare Re
Page 230 and 231: 12.23 We welcome views on the examp
Page 232 and 233: places a general duty to cooperate
Page 234 and 235: equired to give due consideration t
Page 236 and 237: professions are not subject to the
Page 238 and 239: attach to systemic failures to impl
Page 240 and 241: Order 1976. The definition of the U
Page 242 and 243: oute to UK registration. 30 The Gen
Page 244 and 245: 13.39 The potential advantages of t
Page 246 and 247: (6) professional bodies that repres
Page 248 and 249: Provisional Proposal 4-2: The statu
Page 250 and 251: Provisional Proposal 5-15: The stat
Page 254 and 255: Provisional Proposal 8-13: The powe
Page 256 and 257: Provisional Proposal 9-13: The stat
Page 258 and 259: Provisional Proposal 10-3: Appointm
Page 260 and 261: PART 13: CROSS BORDER ISSUES Provis
Page 262 and 263: GENERAL SOCIAL CARE COUNCIL It shal
Page 264 and 265: (8) Standards Committee GENERAL OST
Page 266 and 267: (22) Licentiate in medicine and sur
Page 268 and 269: (68) Speech therapist NURSING AND M
show all

Regulation of Health and Social Care Professionals Consultation

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?