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Suppose you plan to open businesses offering health services and employing healthcare professionals. In that case, it will be a good idea to familiarise yourself with the legal framework around health professional regulation. This article will outline some key points concerning health professional regulation and some professional standards required within English common law.
Regulatory Bodies
The health services industry is vast and encompasses a broad range of healthcare professionals. There are nine different regulatory bodies that govern different healthcare services. Some of the most prominent examples include the:
- General Medical Council (GMC), which regulates doctors;
- Nursing and Midwifery Council (NMC), which regulates nurse practitioners;
- General Dental Council (GDC), which regulates dentists, dental hygienists, and dental therapists; and
- General Optical Council (GOC), which regulates opticians, student opticians and optical businesses.
These individual regulatory bodies are overseen by the Professional Standards Authority, which works with the individual regulatory bodies to improve their service to customers in the UK.
What Does the Professional Standards Authority Do?
Notably, the Professional Standards Authority works closely with the government to advise them on policy about healthcare regulation. However, relevant for your business is that The Professional Standards Authority also has the power to assess and give credit to organisations (such as businesses) that register practitioners. The Professional Standards Authority also has guidance on what standards it expects from healthcare professionals, which vary depending on the profession itself.
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What Do I Need to Know If I Am Employing Healthcare Professionals?
If you are an employer of healthcare professionals (for example, if you are running a general practice), you will want to know how you can make sure that you meet the standards set by the Professional Standards Authority.
An accredited practitioner has to uphold a certain standard of practice due to their obligation from The Professional Standards Authority. Therefore, ensuring you employ accredited practitioners can help guarantee a quality service to clients.
Further, if you want to hire healthcare professionals, you can specify accreditation requirements in your job listing. This can help you bypass the process of getting the practitioner to become accredited.
What Happens If a Healthcare Professional Causes Injury to a Customer?
The law holds healthcare professionals to a high standard. Therefore, they may be liable under common law if they breach their duty of care (clinical negligence liability).
Generally, the standard for healthcare professionals is the standard of a ‘responsible body of medical opinion’. This means that if a healthcare professional acts in a way that a responsible body of medical opinion thinks to be unreasonable, then they may be liable for negligence.
Furthermore, as an employer of healthcare professionals, you may be vicariously liable. Vicarious liability is where you are liable for the actions of your employees, and it applies in an employee/employer relationship.
Key Takeaways
If you are an employer of healthcare professionals, you must be familiar with the accreditation system within the UK. Hiring accredited professionals can help you market your service to potential customers. The Professional Standards Authority has the power to assess and accredit professionals and oversees the professional regulatory bodies within the UK. The Professional Standards Authority can accredit a healthcare professional, which means that they will perform to the standard expected by the regulatory body. Different professional regulators regulate different types of medical professionals. For example, the General Medical Council (or GMC) regulates doctors.
Finally, if your health professional employee injures one of their patients, they may be liable for clinical negligence. You may also be liable vicariously as a result if the court deems you to be their employer. If you face a court claim from a client who has suffered an injury, you should seek professional legal advice. A medical negligence lawyer can advise you on the likelihood of your success in court.
If you need help with health professional regulations, our experienced regulatory and compliance lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
The Professional Standards Authority oversees the professional regulatory bodies specific to the UK’s medical practice.
A healthcare professional may be liable for clinical negligence if their standard of care fell below what would be deemed reasonable by a ‘responsible body of medical opinion’. This negligence test is called the Bolam test, following the case of Bolam v Friern Hospital Management Committee.
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