Regulation of Health Professionals - Law Commission's Report and Recommendations

Mark Russell · Apr 2, 2014

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The Government today published the Law Commissions Report and Recommendations into the Regulation of Health Professionals. The only recommendation that is relevant to current issues is No.117 which reads:

The Government should consider undertaking a full review of the existing protected titles and functions - and relevant offences.
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It does not detail the evidence submitted to the Commission during the consultation regarding the limitations of PoT legislation with private sector providers and shirks responsibility for taking action to address these weaknesses.

http://lawcommission.justice.gov.uk/publications/Healthcare-professions.htm

blinda · Apr 2, 2014

Mark Russell said: ↑

The Government today published the Law Commissions Report and Recommendations into the Regulation of Health Professionals. The only recommendation that is relevant to current issues is No.117 which reads: It does not detail the evidence submitted to the Commission during the consultation regarding the limitations of PoT legislation with private sector providers and shirks responsibility for taking action to address these weaknesses.

http://lawcommission.justice.gov.uk/publications/Healthcare-professions.htm
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Disappointing, yet predictable. So, now the gov't needs further encouragement to perform the recommended review into PoT and the evidenced risk that such legislation puts the public at.....

Mark Russell · Apr 2, 2014

Para 5.53 may be intended to address some of the deficiencies

It should be a criminal offence for a person included on a barred list to work as a relevant professional, or perform the activity or work in the relevant occupational role prescribed by the regulations. The Government should be given regulation- making powers to specify any information that must be included in any individual prohibition order or register of prohibited persons, and to make provision about the publication of information relating to a prohibited person.
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where individuals that are struck off in a FtP haring and subsequently disbarred - may not be able to carry out specified functions. Of course, this would not make any difference to the existing FHP issue....

On compulsory PII, it recommends

We are persuaded that the draft Bill should implement the Scott Report recommendations in relation to insurance and indemnity. The draft Bill provides that the regulators can make provision by rules for determining whether a person is properly indemnified or insured, including requiring that certain information must be supplied, as well as requiring registrants to inform the regulator if the indemnity arrangements are no longer adequate or appropriate. This power would also enable the regulators to refuse registration if sufficient information about cover is not provided, and to refer cases concerning inadequate or inappropriate cover to a fitness to practise or an interim orders panel if appropriate. But any extension of the insurance and indemnity criterion to social workers, or special rules for independent midwives, must be a matter for the Government. Under the draft Bill, the Government’s regulation-making powers could be used to extend this criterion to other professions or exempt professions from this requirement.
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Attached Files:

lc345_regulation_of_healthcare_professionals.pdf

blinda MVP

Mark Russell MVP

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