The Regulation of Healthcare Professionals: Law, Principle and Process, 2nd Edition

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The Regulation of Healthcare Professionals: Law, Principle and Process, 2nd Edition

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Now in two volumes, The Regulation of Healthcare Professionals: Law, Principle and Process, 2nd edition provides detailed guidance on the law and practice relating to disciplinary procedures in the health care field.

It is a unique “one-stop” practitioner text, and essential reference for all legal representatives; legal assessors; members of Fitness to Practise Panels; and policy makers operating in the field of health care regulation and fitness to practise.

The new edition apart from incorporating all recent developments in the area, also includes an analysis of Professional Standard Authority’s views on the future of fitness to practise, an orientating chapter on Scottish law alongside a detailed examination of the duty of candour and the developing case law on dishonesty.

Key features:
- Provides detailed analysis of the policy and legal framework governing the regulation of health care professionals in the UK
- Sets out the regulatory framework within which healthcare professionals must operate
- Establishes the meaning and concept of fitness to practise
- Explains the professional educational and vocational requirements for becoming and continuing to practise as a healthcare professional
- Details the process of disciplinary hearings if the healthcare regulations or professional standards were not complied with
- Deals with the penalties which can be imposed if non-compliance is proven and the appeals procedure available
- Examines the powers and responsibilities of the nine regulatory authorities and their plans for reform
- Scrutinizes the Professional Standard Authority’s thinking on “right touch regulation” and the future of fitness to practise
- Covers all aspect of the Fitness to Practise process, including human rights considerations; interim orders; “real prospect test”; drafting the charge; evidence and procedure before Fitness to Practise Panels
- Includes regulation by the Care Quality Commission; and Complaints and Discipline in the NHS in England
- Analyses the principles governing (and differences between) the three appellate jurisdictions namely Registrant appeals, Professional Standards Authority and the new General Medical Council’s right of appeal
- Explains and analyses the case law on “diffidence” as introduced by the Supreme Court, a concept previously known as deference
- Includes analyses of Scottish law, evidence and procedure and relevant Scottish jurisprudence
PART 1 THE REGULATORS AND THE REGULATORY LANDSCAPE

• Chapter 1 The Regulatory Landscape

• Chapter 2 The General Medical Council

• Chapter 3 The General Dental Council

• Chapter 4 The Nursing And Midwifery council

• Chapter 5 The General Pharmaceutical council

• Chapter 6 The Pharmaceutical Society Of Northern Ireland

• Chapter 7 The General Optical Council

• Chapter 8 The General Chiropractic Council

• Chapter 9 The General Osteopathic Council

• Chapter 10 The Health Professions Council

• Chapter 11 The Council For Healthcare Regulatory Excellence

• Chapter 12 The Care Quality Commission

• Chapter 13 The Royal College Of Veterinary Surgeons

PART 2 THE REGULATION OF PERSONS STUDYING OR TRAINING FOR ENTRY INTO THE HEALTHCARE PROFESSIONS AND REGISTRATION OF HEALTHCARE PROFESSIONALS

• Chapter 14 The Regulation Of Persons Studying Or Training For Entry Into The Healthcare Professions

• Chapter 15 The Registration Of Healthcare professionals

• Chapter 16 Registration And European Law

PART 3 CONTINUING PROFESSIONAL DEVELOPMENT AND REVALIDATION

• Chapter 17 Continuing Professional Development

• Chapter 18 Revalidation

PART 4 FITNESS TO PRACTISE AND RESTORATION

• Chapter 19 Human Rights

• Chapter 20 Fitness to Practise

• Chapter 21 Preliminaries

• Chapter 22 Disclosure, Confidentiality, Data Protection and Freedom of Information

• Chapter 23 The Charge

• Chapter 24 The Tribunal and the Hearing

• Chapter 25 Procedure and Evidence

• Chapter 26 Experts

• Chapter 27 Abuse of Process

• Chapter 28 Decision Making and Reasons

• Chapter 29 Sanction and Orders for Immediate Suspension

• Chapter 30 Appeals

• Chapter 31 Costs

• Chapter 32 Restoration

PART 5 COMPLAINTS AND DISCIPLINE IN THE NHS IN ENGLAND

• Chapter 33 The Complaints Procedure In The National Health Service In England

• Chapter 34 Conduct, Capability And Health Procedures In England

PART 6 THE REGULATION OF PRIMARY CARE IN THE NATIONAL HEALTH SERVICE IN ENGLAND

• Chapter 35 The Performers Lists and the Pharmaceutical List

• Chapter 36 Alert Notices

APPENDICES

• APPENDIX 1 The Human Rights Act 1998

• APPENDIX 2 Articles 6 and 8 of the European Convention on Human Rights

• APPENDIX 3 Article 1, First Protocol to the European Convention on Human Rights

• APPENDIX 4 Contact Details of UK Healthcare Regulators
JOANNA GLYNN, QC B.A. (LOND) Of the Middle Temple, Barrister

Joanna Glynn practises from 1 Crown Office Row, London. She was called to the Bar in 1983 and took silk in 2002. Since the early 1990s, she has appeared regularly before the fitness to practise committees and panels of the healthcare regulators and on appeal, conducting cases involving a wide range of alleged professional malpractice. She is regularly instructed by health care regulators as trial counsel, and to advise on generic legal and policy matters. She also acts for health care professionals and lawyers facing disciplinary proceedings brought by their regulators, and in criminal cases that turn on medical matters (in particular non-accidental head injury). For twelve years she was a contributing editor of Archbold Criminal Pleading, Evidence and Practice and she has sat in the Crown Court as a Recorder since 1997.

DAVID GOMEZ M.A. (Oxon) LL.M Of Lincoln’s Inn, Barrister (non-practising); Solicitor of the Senior Courts

David Gomez is a regulatory law specialist with extensive experience of health care regulation in practice including experience gained from his previous roles as General Counsel to the Human Fertilisation and Embryology Authority, and legal advisor to the Royal Pharmaceutical Society of Great Britain.
Whilst in private practice, David acted for most of the health care regulators which are the subject of this book: defending appeals and judicial reviews against the decisions made by their regulatory committees, and investigating numerous concerns about the fitness to practise of the professionals that they regulate. In addition to developing regulatory tools and policies as part of his senior in-house roles, David has practical experience of adjudication issues, having served as secretary to the Statutory (Fitness to Practise) Committee of the RPSGB, and been the draftsman to the Committee, chaired by Lord Carlile that developed the first case management protocol for the General Medical Council.
David chaired the indicative sanctions session at the first CHRE conference in 2005, has participated in a review of mechanisms for legislative reform organised by the Department of Health and been a member of a short life working group on the development of rules for the Office of the Health Professions Adjudicator. David has also drafted statutory instruments, rules, regulations, fitness to practise and licensing procedures for many health and social care regulatory bodies and been involved with negotiating the contents of, and implementing, various “section 60 orders”.
In April 2009, David provided evidence to the Bioethics Select Committee of the French National Assembly about the UK’s scheme for the regulation of assisted conception and research involving embryos.

Joanna Glynn, QC and David Gomez are the co-authors of Fitness to Practise: Health Care Regulatory Law, Principle and Process which was published by Sweet & Maxwell in 2005.