CLEAR News - Fall 2003
International News
EU
Parliament Signals Concerns Regarding Proposed Mutual Recognition Directive
At
its meeting on June 16-17, 2003 the Committee on Legal Affairs and the Internal
Market of the European Union (EU) Parliament, concern was expressed about the
proposed Mutual
Recognition Directive. Of particular concern to Parliamentary Rapportuer
Stefano Zappala are the limited requirements for migrating professionals, in
that they either need complete an aptitude test, or complete an
adaptation period. Zappala asserts that the Member States and their professional
regulatory organizations should choose which of these options is required,
rather than leaving this choice to the incoming professional. Zappala also took
exception to the proposal (contained in the Directive) that a service provider
should automatically be considered "established" in a Member State
after sixteen weeks. Complete minutes from the meeting are available via the committee
web site.
The
Directive is significant in that it attempts to further professional mobility
across a variety of professions, as opposed to legislating on a
profession-by-profession basis, as has previously been the case. The entire
Parliament will vote on the proposed Directive this fall.
Inter-Professional
Regulatory Authority Launched in the UK
April
2003 saw the launch of the Commission for the Regulation of Healthcare
Professionals (CRHP) in the United Kingdom. The organization, which is
independent from the Government, is charged with the promotion of best practice
in the regulation of professionals from nine key regulatory organizations.
Practitioners regulated by the following bodies are affected: General
Medical Council; General Dental Council; General Optical Council; General
Osteopathic Council; General Chiropractic Council; Health Professions Council;
Nursing and Midwifery Council; Royal Pharmaceutical Society of Great Britain;
Pharmaceutical Society of Northern Ireland.
Core
functions of CRHP are:
-
the promotion of
the public interest in the field of the regulation of health professionals
-
the promotion of best practice in professionally-led regulation
-CRHP
reports annually to Parliament on its work, and may report on the performance of
individual regulatory bodies, including a comparison of their performance of
similar functions.
-
the promotion of co-operation and consistency across the regulation of all the
healthcare professions, in the interest of patients.
-
the development of principles of good regulation.
-
it will also advise Ministers across the UK on professional regulation issues in
healthcare
The
council consists of 19 members, a majority of whom are lay members, with the
remainder including a representative from each of the regulatory authorities
mentioned previously.
More
information about CRHP can be found on its website.
Record
Number of UK Doctors Investigated in 2002 Report Shows
The
United Kingdom's General Medical
Council (GMC) examined complaints against 5,539 doctors in 2002 - up four
percent on the previous year. More doctors were removed from the register, and
more were placed under supervision or restricted from practising. Statistics
show that investigations were related in large part to allegations of poor
clinical care provided to patients. Other charges included dishonesty, sexual
assault or indecency.
The figures
indicate that doctors trained overseas are most likely to end up before the
disciplinary committee. According to a report by the Policy
Studies Institute, doctors qualifying abroad make up 30 per cent of
Britain's medical workforce and attract 30 per cent of complaints. However, in
2001, they accounted for 58 per cent of doctors charged with serious
professional misconduct. Moreover, they are more likely to be found guilty of an
offence and are at much higher risk of being banned from practising medicine. In
2001, 77 per cent of foreign doctors facing misconduct charges were found
guilty, compared to only 60 per cent of their UK-trained colleagues
The report warns the GMC is “open to charges of discrimination” over the disproportionate number of overseas doctors being disciplined and calls for the regulator to introduce new guidelines to ensure that all doctors get a fair hearing. It also notes that although no evidence of discrimination was found, nor was a reasonable explanation for the existence of such discrepancies. It suggests a lack of transparency in GMC procedures means the organization is open to accusations that it is not treating all doctors in the same way.