Uniform Regulation of Health and Social Care Professionals on hold
On 2nd April 2014 the Law Commission published its final report and set out a new legal framework in its draft bill on the regulation of health and social care professionals.
Nine councils* are governed by separate legislation and their varying provisions currently create inconsistency and inequality.
The Law Commission proposed a new single legal framework for the regulation of health and social care professionals aimed at sweeping away the outdated and inflexible decision-making processes associated with the current legislation.
The suggested new legal framework is intended to introduce a clear and consistent legal framework to enable regulators to uphold their duty to protect the public.
The Professional Standards Authority (PSA) (formerly the Council for Healthcare Regulatory Excellence) which oversees and reports upon the performance of the nine regulators had in its own submission to the Law Commission proposed consolidation of the various provisions into a single Act.
As things stand, a regulator’s request for change to its own legislation does notresult in the automatic review and amendment in similar provisions for other regulators – a recipe for continuing inconsistency –and because it takes two years to effect change, the result is a constant demand for revision.
The Law Commission’s proposals were widely welcomed by the regulators not least for the harmonisation of language and the available disposals. But, despite its original stance, the PSA was not completely happy because it did not get all its own way, made noises about public protection and the politicians ran for cover.
So three years and megabucks later the bill has been kicked into the long grass while the regulators remain frustrated and bewildered. Once again they will have to invoke the lengthy section 60 Health Act 1999 procedure when they seek change, whilst doctors, nurses, dentists, pharmacists and other health professionals foot the bill.
*General Medical Council, Nursing & Midwifery Council, Health & Care Professions Council, General Pharmaceutical Council, General Dental Council, General Optical Council, General Osteopathic Council, General Chiropractic Council and the Pharmaceutical Council of Northern Ireland