Regulation of Health and Social Care Professionals Consultation

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(68) Speech therapist NURSING AND MIDWIFERY COUNCIL (69) Registered nurse (70) Midwife PHARMACEUTICAL SOCIETY OF NORTHERN IRELAND (71) Pharmacist 256
APPENDIX E PROTECTED FUNCTIONS General Dental Council The Dentists Act 1984 prevents a person who is not a dentist or a registered dental care professional from practising dentistry. Dentistry is defined as including the performance of any such operation and the giving of any such treatment, advice or attendance as is usually performed or given by dentists. This includes anything done in connection with the fitting, insertion or fixing of dentures, artificial teeth or other dental appliances. 1 General Medical Council The Medical Act 1983 provides for certain privileges of registered practitioners. These are: an entitlement to recover fees for attending or giving medical advice in a court of law or the performance of any operation; the authority to hold an appointment as a physician, surgeon or other medical officer in the navy, military or air service, in a mental hospital, in a prison or in any other public body, institution or society for providing relief in sickness infirmity or old age; the validation of certificates which are required to be signed by a physician, surgeon, licentiate in medicine and surgery or other medical practitioner. 2 General Optical Council The Opticians Act 1989 regulates certain functions in relation to registered medical practitioners, optometrists and dispensing opticians. Only registered medical practitioners and optometrists can test the sight of another person. Only registered medical practitioners, optometrists and dispensing opticians can fit contact lenses. The sale and supply of optical appliances can only occur under the supervision of a registered medical practitioner, an optometrist or a dispensing optician. 3 Health Professions Council The Health Professions Order 2002 provides that a person who is not a registered hearing aid dispenser must not perform the functions of a registered hearing aid dispenser. The functions include the assessing or testing of an individual’s hearing or prescribes a hearing aid with a view to sale. 4 Nursing and Midwifery Council The Nursing and Midwifery Order 2002 provides that no-one except a registered midwife or a registered medical practitioner shall attend a woman in childbirth. 5 1 Dentists Act 1984, ss 37 and 38. 2 Medical Act 1983, ss 46 to 48. 3 Opticians Act 1989, ss 25 to 25, and 27. 4 Health Professions Order 2001, SI 2002 No 254, art 39A and sch 3, para 1A. 5 Nursing and Midwifery Order 2001, SI 2002 No 253, art 45. 257
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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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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
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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
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the imposition of a relevant sancti
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independence of the new Medical Pra
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11.5 However, it may be that the co
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Page 224 and 225: Council and Care Quality Commission
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Page 252 and 253: (5) the appointment of visitors and
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Page 264 and 265: (8) Standards Committee GENERAL OST
Page 266 and 267: (22) Licentiate in medicine and sur
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