Policy responses and statements
- Name of organisation:
- Department of Health
- Name of policy document:
- Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 - A paper for consultation
- Deadline for response:
- 31 January 2006
Background: Officials from the General Medical Council and the Department of Health have been working together since the autumn of 2003 to produce a further draft Order under section 60 of the Health Act 1999 to take forward the continuing modernisation of medical regulation by amending the Medical Act 1983.
This particular Order focuses on two principal areas: firstly, the abolition of limited registration and the introduction of new arrangements to deal with certain special temporary arrangements with regard to overseas doctors; and secondly, new arrangements for medical education. This consultation was being conducted in advance of the publication of the findings of the Chief Medical Officer’s review of the regulation of the medical profession, which arose out of the Fifth Report of the Shipman Inquiry.
The opportunity was also taken to suggest some improvements to the GMC's internal procedures and to propose certain other reforms to help improve the regulation of the medical profession and provide improved protection for patients.
The Department of Health invited comments on the main themes or any other aspects of this public consultation document.
COMMENTS ON
DEPARTMENT OF HEALTH
MEDICAL ACT 1983 (AMENDMENT) AND MISCELLANEOUS AMENDMENTS ORDER 2006: A PAPER FOR CONSULTATION
The Royal College of Physicians of Edinburgh is pleased to respond to the Department of Health on its consultation on the Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006.
The College is largely supportive of the changes proposed in this Order and has the following specific comments:
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The special provisions that will allow eminent doctors to practice for up to 26 weeks in any 5 year period may be insufficient to allow senior trainees to travel to the UK for specific training. In such cases, the College is concerned that doctors may be required to sit the PLAB examination and seeks reassurance that a higher level assessment of language and professional skills may be acceptable eg MRCP(UK).
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Although approving the decision to allow doctors from overseas to register with the GMC without being employed in the UK, there is a concern that this could conversely serve to indirectly encourage more young doctors from overseas to seek work in the UK at a time when unemployment rates among such doctors at SHO level are high.
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The College is concerned that the “approved working environment” for newly registered doctors in “service posts” may not offer adequate supervision by comparison with the current limited registration and requirement for direct supervision. This may compromise patient safety.
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The College is concerned that the proposed transitional arrangements (largely accepted) may not be suitable for any limited registration doctors experiencing current difficulties and who perhaps should not automatically be fully registered immediately the changes are implemented.
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The College seeks reassurance that the proposed GMC procedures for ensuring that doctors at registration have no impairment to their fitness to practice will be reviewed regularly to detect the very small number of doctors who may seek to conceal problems on application to the General Medical Register.
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The College is not convinced that public safety will be well served by disclosing information about the behaviour or health of doctors from much earlier in their careers (including when at medical school). This accepts that the GMC is considering separately the regulation of medical students.
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The question should be debated further on whether, in the interests of patients, all doctors should be advised to take out indemnity insurance to cover liability to patients for activities not covered under their employer’s indemnity arrangements.
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The College seeks confirmation that the GMC Education Committee will continue to consult over changes proposed to the education of medical students and Foundation Year 1 trainees/PRHOs if Orders in Parliament are no longer required.
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The College hopes the GMC will introduce quality control measures to ensure the Registrar’s new proposed role in registration decisions (currently the responsibility of the Registration Decisions Panels) will comply with the policies and guidelines agreed by the full Council. Examples include determining whether overseas nationals possess adequate primary qualifications and whether fraudulent applications have been made.
All College responses are published on the College website www.rcpe.ac.uk.
Further copies of this response are available from Lesley Lockhart (tel: 0131 225 7324 ext 608 or email: l.lockhart@rcpe.ac.uk)
30 January 2006
Copies of this response are available from:
Lesley Lockhart,
Royal College of Physicians of Edinburgh,
9 Queen Street,
Edinburgh,
EH2 1JQ.
Tel: 0131 225 7324 ext 608
Fax: 0131 220 3939
[30 January 2006] |
