Further measures to improve the provision of primary care services – a consultation
GMC Scotland Response
GMC Scotland is the Scottish policy office of the General Medical Council and has been established as part of the comprehensive reform of the General Medical Council, shaping a GMC that is fit for purpose in today’s conditions. The General Medical Council functions to ensure the application of commonly held standards across the whole of the UK and is committed to contributing actively to the delivery of excellence in medical practice in Scotland, working with Scottish health organisations, patients and public.
We note the value in the NHS Boards and the NHS Tribunal working closely with the healthcare regulatory bodies.
We welcome the opportunity to contribute to this consultation.
NHS Tribunal
1. You support the future role envisaged for the NHS Tribunal
We support the power for national suspension on the existing ground of patient protection. Similarly we support the sanction of disqualification, which is set out under the listed criteria.
2. There are elements of the proposed future Tribunal role you do not support
We would like clarification of the ground for suspension “where it is otherwise in the public interest”, as it is not clear at present what this would entail. Similarly the proposition that the Tribunal may direct a disqualification under the new ground where there is “unsuitability by reason of professional or personal conduct” needs to be explained further. The GMC and a number of other regulatory bodies have clear definitions for such conduct and these could be adapted for use by the NHS Tribunal.
3. The aims could be achieved in other ways
4. There are points which you do not believe we have covered
NHS Boards
5. You support the future role envisaged for NHS Boards
We support the power for local suspension on the existing ground of patient protection. It is appropriate that NHS Boards should have the ability to deal with matters at a local level when it is suitable to do so. We see this as a mechanism to invoke outside intervention at an early stage and when remediation is still possible in cases that without such intervention would be likely to come within the area of operation of the GMC at a subsequent stage.
We consider the extension of a Board’s remit to include the referral of applicants to the NHS Tribunal, as well as those already on the list, to be appropriate.
We believe that it is entirely appropriate that all Family Health Service practitioners, both applicants and listed practitioners, should be refused entry or removed from a list where the applicant or listed practitioner has been convicted of murder by a court in the UK. We note the proposal to extend this to other countries from outside the UK and urge careful consideration as it may be that there is less confidence in the judgement of other jurisdictions.
We agree that all Family Health Service practitioners who have been found guilty of a criminal offence should be referred to the NHS Tribunal, for a decision on whether disqualification is appropriate for the type of offence.
We support all measures to combat prescription fraud.
We welcome the extension of the referral power to include all Family Health Service practitioners, as this can only help in safeguarding patients.
6. There are elements of the proposed future NHS Board role you do not support
We would like clarification of the ground for suspension “where it is otherwise in the public interest”, as it is not clear at present what this would entail. Similarly the new ground whereby the NHS Boards can refer cases to the NHS Tribunal if there is “unsuitability by reason of professional or personal conduct” needs to be explained further. The GMC and a number of other regulatory bodies have clear definitions for such conduct and these could be adapted for use by the NHS Boards. cf Q2.
7. The aims could be achieved in other ways
8. There are points which you do not believe we have covered
Additional Requirements placed on FHS practitioners
9. You support harmonisation of the types of information to be given by practitioners to NHS Boards
We support these moves to harmonise the information which is given to boards.
10. You support the proposal to place additional requirements placed on FHS practitioners, including to provide an Enhanced Disclosure to NHS Boards when required to do so and to inform NHS Boards about adverse or current proceedings in a court or by professional regulatory or licensing bodies, specified financial interests and receipt of gifts above a specified value
We believe that this is an appropriate step. It is entirely right that Family Health Service practitioners should inform NHS Boards about adverse or current proceedings in the aforementioned bodies. Similarly the notification of specified financial interests and receipt of gifts above a certain value is a sensible step to safeguard patients. We assume that the NHS Boards would be proactive in contacting regulatory bodies to corroborate the information given by the applicant.