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Regulation of Healthcare Professionals, The

Regulation of Healthcare Professionals, The
Law, Principle and Process
2nd Edition
Practice Area:  Medical Law
ISBN:  9780414067110
Published by:  Sweet & Maxwell
General Editor:David Gomez
Publication Date:  30 Jun 2019
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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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

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  • The Regulatory Landscape; 
  • The General Medical Council (GMC) and the Medical Practitioners Tribunal Service; 
  • The General Dental Council (GDC); 
  • The Nursing and Midwifery Council (NMC); 
  • The General Pharmaceutical Council (GPhc); 
  • The Pharmaceutical Society of Northern Ireland (PSNI); 
  • The General Optical Council (GOC); 
  • The General Chiropractic Council (GCC); 
  • The General Osteopathic Council (GosC); 
  • The Health Professions Council (HPC); 
  • The Professional Standards Authority for Health and Social Care; 
  • The Care Quality Commission (CQC); 
  • The Royal College of Veterinary Surgeons (RCVS); 
  • The Regulation of Persons Studying or Training Entry into the Healthcare Professions; 
  • The Registration of Healthcare Professionals; 
  • Registration and European Law; 
  • Continuing Professional Development; 
  • Revalidation; 
  • Human Rights Considerations; 
  • Impairment of Fitness to Practise; 
  • Preliminaries; Disclosure, 
  • Confidentiality and Data Protection; 
  • The Charge; 
  • The Tribunal and its Hearings; 
  • Procedure and Evidence; 
  • Expert Evidence; 
  • Abuse of the Process, Double Jeopardy and Entrapment; 
  • Decision Making and Reasons; 
  • Sanction and Orders for Immediate Suspension; 
  • Dishonesty and the Duty of Candour; 
  • Aspects of criminal liability; Appeals, Judicial Review and Applications to Terminate Interim Orders; 
  • Costs; 
  • Restoration: The Complaints Procedure in the NHS in England; 
  • Conduct, Capability and Health Procedures in England; 
  • The Performers List and the Pharmaceutical List; 
  • Alert Notices; 
  • Whistleblowing; 
  • Health Care Regulation in Scotland
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