Blake Lapthorn Professional Regulatory seminar with Frances Patterson QC - May 2012

Health and Social Care Professional Regulation Review Frances Patterson QC Blake Lapthorn Seminar –29 May 2012

Professional regulation project (1) Adult Social Care Project Review the UK law relating to the regulation of health care professionals In England only, review the law relating to the regulation of social workers

Professional regulation project (2) 2. The process for assessment Sponsored by Department of Health Supported by the devolved administrations First ever tripartite review with the Northern Ireland and Scottish Law Commissions

Outline of projectStage 1: Pre consultationStage 2: Public Consultation1 March 2012 Publication of consultation paperMarch – May 2012 3 month public consultationStage 3: Draft Bill and reportPublication early 2014Legislation before the end of the current Parliament

The legal framework Medical Act 1983 Medical Act 1983 Pharmacy Order Pharmacy Order Dentists Act 1984 Dentists Act 1984 (NI) 1976 (NI) 1976 Nursing and Nursing andMidwifery Order Midwifery Order UK health Opticians Act 1989 Opticians Act 1989 UK health 2001 2001 professional professional regulation regulation Pharmacy Order Pharmacy Order Chiropractors Act Chiropractors Act 2010 2010 1994 1994 Health Health Professions Osteopaths Osteopaths Professions Act 1993 Order 2001 Order 2001 Act 1993

Structure of reformA single UK statuteBroad powers for the regulatorsRemoval of Privy Council roleGovernment default and regulationpowersParliamentary accountability

The paramount duty Adult Social Care Project To protect, promote and maintain thehealth, safety and well-being of the publicby ensuring proper standards for safe and effective practiceWhat about maintaining confidence in the profession?

Fitness to practise: Impairment 1. Consolidate main statutory grounds (misconduct, deficient performance, convictions, health) 2. Shipman Inquiry recommendations 3. Remove the statutory grounds and provide test of impairment based on whether registrant is a risk to the public

Fitness to practise: Investigation Regulators can consider any information which comes to their attention Powers to introduce screeners and mediation No requirement for an Investigation Committee Powers to dispose of cases via warnings, interim orders, undertakings, voluntary erasure, advice. Ability to review certain decisions not to refer cases to a FTP Panel

Fitness to practise: Adjudication Article 6 ECHR compliance Extended powers of case management Broad powers for the regulators to determine procedural rules in most areas Consistent range of sanctions (erasure, suspension, conditions, warnings) Government power to introduce financial penalties / cost awards

Other key areasRole of CHRE Business regulation Duties to co-operate Partnership arrangements Governance Protected titles and functions Standards for education, Registers conduct and practice

For further information contact:Address Steel House 11 Tothill Street London SW1H 9LJTelephone 0203 334 0267Email public@lawcommission.gsi.gov.ukWebsite www.lawcom.gov.uk

Blake Lapthorn Professional Regulatory seminar with Frances Patterson QC - May 2012

by Blake Lapthorn on May 30, 2012

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