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Health Care Regulation in the United Kingdom

Health Care Regulation in the United Kingdom. Jonathan Bracken Legal Adviser to the UK Health Professions Council. Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona. The UK Health Regulators. Nursing and Midwifery Council 600,000

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Health Care Regulation in the United Kingdom

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  1. Health Care Regulation in the United Kingdom Jonathan Bracken Legal Adviser to the UK Health Professions Council Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  2. The UK Health Regulators • Nursing and Midwifery Council 600,000 • General Medical Council 200,000 • Health Professions Council 160,000 • General Dental Council 37,000 • General Optical Council 30,000 • General Osteopathic Council 3,000 • General Chiropractic Council 2,000 • Royal Pharmaceutical Society (GB) 45,000 • Pharmaceutical Society (NI) 300 1,077,300 Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  3. The Health Professions Council • arts therapists • biomedical scientists • clinical scientists • dieticians • occupational therapists • operating department practitioners • orthoptists • paramedics • physical therapists • podiatrists • prosthetists and orthotists • radiographers • speech therapists Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  4. The UK Regulatory Model Each regulator has the power to: • generate its own revenues • adopt and manage its own budget • appoint its legal and investigative staff • hire, discipline and terminate staff • institute actions in its own name • issue “subpoenas” • share data with others who monitor performance • act on “a preponderance of the evidence” Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  5. 4 Governments; 3.5 Legal Systems 15 health boards 1 EMS 4 health boards 1 EMS 28 Strategic Health Authorities 533 NHS Trusts 38 EMS 22 health boards 1 EMS Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  6. UK Demographics • population of 60 million • in an area smaller than Oregon • with an unequal distribution of: 50,000,000 (84%) in England 5,000,000 (8%) in Scotland 3,000,000 (5%) in Wales 1,700,000 (3%) in Northern Ireland Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  7. A Delivery Snapshot • regulation covers around 1 million practitioners • 475,000 are directly employed by the NHS • 400,000 are independent NHS contractors • taxpayers fund 85% of UK health care spending • 10% of the UK population has health insurance Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  8. Regulating Public Services An example - 41 public Emergency Medical Services delivering locally managed care but to one national standard Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  9. Key Regulatory Functions • setting standards • approving education and training • registering practitioners • investigating complaints • adjudicating on fitness to practise cases • prosecuting bogus practitioners Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  10. Integrated Regulation Sets Standards HPC approves training that meets them registers practitioners who meet them holds registrants to its Standards Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  11. The Standards • Standards of Proficiency • Standards of Education and Training • Standards of Conduct, Performance and Ethics • Standards of Continuing Professional Development • Standards for Returning to Practice Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  12. Standards of Proficiency • Foundation of HPC regulation • Represent threshold standards for each profession, which apply: • on entry to the Register • on renewal or re-admission • throughout professional life • “The Council shall …establish the standards of proficiency necessary to be admitted to the different parts of the register being the standards it considers necessary for safe and effective practice…” Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  13. Fitness to Practise • A non-punitive process conducted by the regulator • No “prosecution”, “charge” or “guilt” • Allegations are that a health professional's fitness to practise is impaired by reason of : • misconduct • criminal conviction • lack of competence • health • determination of another regulator • The issues to be determined are: • is fitness to practise impaired? • what must be done to protect the public? Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  14. Sanctions • no further action • mediation • caution • conditions of practice • suspension • striking off Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

  15. Speaker Contact Information Jonathan Bracken Health Professions Council 184 Kennington Park Road London SE11 011 44 207 227 7077 jonathanbracken@bdb-law.co.uk www.hpc-uk.org Presented at the 2005 CLEAR Annual Conference September 15-17 Phoenix, Arizona

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