Policy responses and statements
Background: What is this document about? The purpose of this consultation document is to seek views on draft regulations which the Secretary of State proposes to make under powers in section 121 of the Health and Social Care Act 2008. In particular, the DoH would be grateful for views from organisations which employ or contract with health care workers and other bodies which the Department proposes would be subject to the duties in the draft regulations. The proposed regulations would impose new duties on specified bodies in certain circumstances to share or provide information relating to the conduct or performance of health care workers which may show that the worker is likely to pose a threat to patient safety. The intention is that the proposed regulations should have a minimal burden by building on, and strengthening, existing clinical governance processes, not replacing them. Chapter One of the consultation paper reviews the background to, and the rationale for, the duty of co-operation proposals; describes how they link to the broader programme of reform of professional regulation in healthcare; and sets out the proposals for implementation through regulations to be made under provisions in the Health and Social Care Act 2008. Chapter Two invited views on the proposed new regulations; it seeks views, bearing in mind the limits of the powers in section 121 of the Health and Social Care Act 2008, on the circumstances in which, and when, information about the performance or conduct of health care workers should be shared or provided (on request) between health care organisations and other specified bodies, and the safeguards needed in relation to the sharing and provision of information. Certain of the bodies on whom the duties will be imposed are, by means of the primary legislation, already settled. However, the Secretary of State has the power to designate which additional bodies the duties will be imposed on in these regulations. Therefore, the consultation also seeks views on whether the additional bodies on which it is proposed the duties will be imposed are the correct bodies. Chapter Three sought comments on an extract from the Tackling Concerns Locally - Information Management Subgroup’s report on what information relating to the performance, conduct or health of health care workers should be held locally, by employers (for employed staff) and by the Primary Care Trust (for self-employed professionals). Download this College's consultation response as a .pdf In addition to the above response, this College also submitted Supplementary Comments On “Designated Bodies” which can be downloaded as a .pdf The Department of Health has sent this Response to the College's Supplementary Points which can be downloaded as a .doc
Copies of this response are available from: Lesley Lockhart, Tel: 0131 225 7324 ext 608 [12 February 2010]
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