Memorandum Of Understanding between the Joint Board of the UK Voluntary Register for Public Health Specialists and the General Medical Council

July 2004

Preamble

1. 1.  The objective of this Memorandum is to set out the framework that the Joint Board of the UK Voluntary Register for Public Health Specialists (Joint Board) and General Medical Council (GMC) have agreed for co-operation and collaboration.
2. 2.  Collaboration between the Joint Board and the GMC will help:
   1. a. Promote high standards in public health practice
   2. b. Protect the public by enabling the identification of public health practitioners who are fit to practice.
   3. c. Ensure that distinct functions of the Voluntary Register and the GMC’s specialist register are clear to those consulting the different registers.
3. 3.  This Memorandum relates to the areas of interface between the Joint Board, and the GMC. It is intended to clarify their respective roles and responsibilities and outline the mechanisms that have been put in place to promote effective liaison between the two organisations. This agreement does not affect existing statutory functions or amend any other policies or agreements relating to the activities of the Joint Board, or the GMC.

Functions of the Joint Board and the GMC

Joint Board of the UK Voluntary Register for Public Health Specialists

1. 4.  The Joint Board’s main objective is to promote public confidence in specialist public health practice in the UK. This is achieved by:
   1. a. Publishing a Register of competent Public Health Specialists.
   2. b. Ensuring through periodic revalidation that Public Health Specialists keep up to date and maintain competence.
   3. c. Dealing with registered Public Health Specialists who fail to meet the necessary standards.

The General Medical Council

1. 5. The GMC licenses doctors to practise medicine in the United Kingdom. The law gives the GMC four main functions:
   1. a. Keeping up to date registers of qualified doctors.
   2. b. Fostering good medical practice.
   3. c. Promoting high standards of medical education.
   4. d. Dealing firmly and fairly with doctors whose fitness to practise is in doubt.

Scope

1. 6.  The GMC has statutory functions in relation to medically qualified public health specialists on its registers. Nothing in this memorandum or supporting documents will change those functions.
2. 7.  This memorandum relates to the areas of interface between the Joint Board, and the GMC. It does not place additional responsibilities on either organisation or imply any transfer of responsibility from one to the other or sharing of statutory responsibilities (where they exist).
3. 8.  The GMC welcomes the establishment of the voluntary register for public health, and is content that its registrants should be permitted to apply to the voluntary register.
4. 9.  In turn, the Joint Board will welcome applicants for voluntary registration from those who are registered with the GMC. Those registered medical practitioners who are on the GMC’s specialist register by virtue of a qualification in public health shall be entitled to be registered on the voluntary register without further assessment of their competence.
5. 10.  The need for interface between the Joint Board and the GMC may arise:
   1. a. Through exchange of information and co-ordination of activity.
   2. b. If the Joint Board wishes to bring specific concerns to the attention of the GMC.
   3. c. If the GMC wishes to bring specific concerns to the attention of the Joint Board

Sharing of information

General

1. 11.  Named contacts (as shown in Annex A) will be responsible for ensuring that the following procedure and protocol for the sharing of information is complied with.
2. 12.  The working relationship between the Joint Board and the GMC will be characterised by regular contact and exchange of information at all levels, including senior levels.
3. 13.  Statutory constraints on the exchange of information will be fully respected, including the requirements of the Data Protection Act and the Human Rights Act. The common law duty of confidentiality will also be maintained.
4. 14.  Each organisation will respect and, as appropriate, take steps to protect the confidential nature of documents and information that the other may provide.
5. 15.  Where information exchanged between the Joint Board and the GMC involves patient related or other confidential information, the case will be referred with the data anonymised. If the body receiving the information considers that action on its part against the practitioner concerned may be required, the referring body will seek consent to disclosure.
6. 16. I n any case where information suggests that a practitioner’s registration should be called into question, the GMC’s statutory procedures will take precedence over those of the Joint Board.

Specific

1. 17.  Applicants for registration on the UK Voluntary Register who are or have been registered with the GMC will be asked to declare any proceedings, which the GMC has taken or is taking which affected, might have affected, or could affect their registration. Failure by an applicant to disclose information about any such proceedings could lead to the applicant’s registration being called into question.
2. 18.  In cases where it is found that a false declaration has been made, the Joint Board will inform the GMC accordingly.
3. 19.  Applicants for registration on the UK Voluntary Register who are or have been or who might be eligible for registration with the GMC will be required to give permission for the GMC to disclose details of any proceedings against them to the Joint Board.
4. 20.  The Joint Board and the GMC will put in place mechanisms for identifying individuals who are or have been registered or who may be eligible for registration with both bodies.
5. 21.  Subject to the requirements of the law, the Joint Board and the GMC will, as soon as practicable, draw to the attention of the other any information which it receives which raises a concern about the fitness for registration of any practitioner who is registered [or eligible for registration] with both bodies.
6. 22.  The information should be disclosed to the relevant contact point shown in Annex A. The GMC will ensure that any information passed to either its FtP or Registration Directorates is shared as appropriate with other directorates.

Communication

1. 23.  The nominated GMC staff referred to in Annex A, together with the nominated member of staff from the Joint Board, will be jointly responsible for ensuring that all publications and literature affecting both bodies are jointly agreed. This will ensure that the distinct functions of the two registers, and the legal requirements arising from statutory registration with the GMC, are clearly explained to registrants and those consulting the registers. They will also have responsibility for ensuring that those who deal with public inquiries are supplied with jointly agreed briefing to minimise the risks of confusion.
2. 24.  The nominated staff referred to in Annex A will also be responsible for issuing guidance to healthcare providers throughout the UK to ensure the distinct roles of the GMC’s registers and the Voluntary Register are clearly explained:
3. 25.  The arrangements will be kept under review by focal points at the Joint Board and the GMC and, whose details are at Annex A.

Reconciliation of Disagreement

1.  26.  Any disagreements will normally be resolved amicably at the working level. If this is not possible senior managers at either organisation should seek to settle any issue.

Review of Memorandum of Understanding

1. 27. This Memorandum will be reviewed annually and if necessary following any pertinent changes to policies, procedures and structures of the parties concerned.

Contacts

Joint Board of the UK Voluntary Register for Public Health Specialists

28 Portland Place
LONDON
W1B 1DE

Professor Jim McEwen,
Chair of the Board

Sarah North
Register Manager
020 7291 8388
register@riph.org.uk

Finlay Scott
Chief Executive/Registrar
020 7915 3564
opce@gmc-uk.org

GMC Focal Points

Policy

Simon Marcelli
Strategy and Planning
0207 344 3978
smarcelli@gmc-uk.org
Responsible for Memorandum and liaison with other organisations

Fitness to Practise

Blake Dobson
Head of Screening
0161 235 6459
bdobson@gmc-uk.org

Registration

Martin Holt
Head of Applications
0207 7915 3738
mholt@gmc-uk.org