Bridging the Gap Greg Waldron Solicitor BDS Director of the Dental Law Partnership
Regulators • General Dental Council (GDC) • The Council Healthcare Regulatory Excellence (CHRE) • The Care Quality Commission (CQC) www.btgcampaign.co.uk
General Dental Council (GDC) • Established 1956 (Dentist Act 1956) • Protecting patients • Regulating the dental team www.btgcampaign.co.uk
General Dental Council (GDC) cont... “We are the organisation which regulates dental professionals in the United Kingdom. All dentists, dental nurses, dental technicians, clinical dental technicians, dental hygienists, dental therapists and orthodontic therapists must be registered with us to work in the UK”. “Our purpose is to protect the public by regulating the dental team. We do that by: • registering qualified professionals • setting standards of dental practice and conduct www.btgcampaign.co.uk
General Dental Council (GDC) cont... • assuring the quality of dental education • ensuring professionals keep up ‐ to ‐ date • helping patients with complaints about a dentist or dental care professional • working to strengthen patient protection.” www.btgcampaign.co.uk
The Council Healthcare Regulatory Excellence (CHRE) • Established 2003 under the NHS reform and Health Care Professions Act 2002 “We promote the health and well ‐ being of patients and the public in the regulation of health professionals. We scrutinise and oversee the work of the nine regulatory bodies that set standards for training and conduct of health professionals.” “We share good practice and knowledge with the regulatory bodies, conduct research, and introduce new ideas about regulation to the sector.” www.btgcampaign.co.uk
The Council Healthcare Regulatory Excellence (CHRE) cont... “We monitor policy in the UK and Europe and advise the four UK government health departments on issues relating to the regulation of health professionals. We are an independent body accountable to the UK Parliament.” www.btgcampaign.co.uk
Care Quality Commission (CQC) • Established 2009 under the Health and Social Care Act 2008 • Independent regulator of all health and social care services in England. “Our job is to make sure that care provided by hospitals, dentists, ambulances, care homes and services in people’s own homes and elsewhere meets government standards of quality and safety.” www.btgcampaign.co.uk
Legislation The Dentists Act 1984 (Amendment) Order 2005 – Section 26A on Insurance states: (1) A registered dentist must be covered by adequate and appropriate insurance throughout the period during which he is registered in the register. (2) In this section “adequate and appropriate insurance” means insurance of a type and amount which rules under this section specify as adequate and appropriate. (3) A person seeking registration in the register must supply the registrar with evidence that, if his name were to be entered in the register, he would be covered by adequate and appropriate insurance commencing, at the latest, on the date on which his name was so entered. www.btgcampaign.co.uk
Legislation cont... (4) A registered dentist seeking the retention of his name in the register must, before the commencement of the period for which he is seeking the retention of his name in the register, supply the registrar with evidence that he is covered by adequate and appropriate insurance. (5) A person seeking the restoration of his name to the register must supply the registrar with evidence that, if his name were to be restored to the register, he would be covered by adequate and appropriate insurance commencing, at the latest, on the date on which his name was so restored. www.btgcampaign.co.uk
Legislation cont... (6) The registrar may at any other time require a registered dentist to supply him with evidence that he is covered by adequate and appropriate insurance, and a registered dentist must comply with such a requirement as soon as reasonably practicable. (7) A registered dentist or (as the case may be) a person seeking registration in, or restoration of his name to, the register must inform the registrar forthwith if he is no longer covered by adequate and appropriate insurance or (as the case may be) arrangements under which he would be covered by such insurance are no longer in place. www.btgcampaign.co.uk
Legislation cont... (8) If a person fails to comply with the requirements of this section, the registrar may— (a) refuse to register his name in the register; (b) refuse to restore his name to the register; (c) erase his name from the register; or (d) refer the matter to the Investigating Committee under section 27(5)(a) as if the person’s failure to comply with the requirements of this section constituted an allegation that his fitness to practise as a dentist is impaired by reason of misconduct for the purposes of section 27. www.btgcampaign.co.uk
Legislation cont... (9) Where a person’s name has been erased from the register under subsection (8)(c), that name shall be restored to the register on that person’s application if he satisfies the registrar that he meets the requirements of— (a) section 15(3)(a) to (c); (b) this section; and (c) any rules made under section 34B which apply to his case. www.btgcampaign.co.uk
Legislation cont... (10) In this section “insurance” means— (a)a contract of insurance providing cover for liabilities which may be incurred in carrying out work as a dentist; or (b)an arrangement made for the purpose of indemnifying a person against such liabilities.” www.btgcampaign.co.uk
Legislation cont... • Section 26 not amended • To bring it into operation the Department of Health need to give notice via the Secretary of State • Formality and publication of legal notice of amendment in London Gazette • Not enacted as of yet • 7 years delay in enacting despite being readily available to amend and there being 3 UK regulators www.btgcampaign.co.uk
European Directive Section 24 of the Directive 2011/24/EU of the European Parliament and of the council states that: “Member States should ensure that mechanisms for the protection of patients and for seeking remedies in the event of harm are in place for healthcare provided on their territory and that they are appropriate to the nature and extent of the risk. However, it should be for the Member State to determine the nature and modalities of such a mechanism.” www.btgcampaign.co.uk
UK Government Perspective “When patients, the public, and service users receive substandard care from a healthcare professional, they should have available to them, or their advocates, a means to seek redress. The Coalition Government and the Devolved Administrations believe that the requirement that registrants should hold insurance or indemnity cover should be consistent across health regulation, and that introduction of any requirements should not be framed so as to require individual employees to obtain personal cover themselves when they are already covered by corporate or employer cover.” www.btgcampaign.co.uk
An Independent Review “Working in partnership with the Devolved Administrations, we will seek to implement greater consistency across the professions in light of the requirements of the proposed Directive on Patients’ Rights in Cross ‐ border Healthcare, once it is finalised and as and when the legislative opportunity arises.” Department of Health ‐ Independent Review 2010 – Finlay Scott Report www.btgcampaign.co.uk
The Problem The Daily Mail – December 3 2011 www.btgcampaign.co.uk
The Problem cont... The Plymouth Herald – May 29 2012 www.btgcampaign.co.uk
The Problem cont... • Dr Reichel • Polish National • Qualified in Poland • Registered in the UK • Likes to insert implants • But not very good at it www.btgcampaign.co.uk
The Problem cont... • Returned to Poland and won’t communicate • No apparent assets in UK / Poland • Was indemnified apparently with DDU • DDU won’t confirm as this would contravene Data Protection regulation www.btgcampaign.co.uk
The Problem cont... • Data Protection Act 1998 • DDU remain silent and uncooperative • No chance of any compensation for harmed patients www.btgcampaign.co.uk
• We aim to impose a statutory requirement that dentists obtain adequate professional liability cover as a condition of registration to practice. • Full and clear details of a dentist’s professional liability cover must be made public. • Indemnity providers must cooperate with patients pursuing a claim in the event of non ‐ cooperation by a dentist. www.btgcampaign.co.uk
• Nationwide UK Media coverage in Radio/TV/Press • Visit the campaign website: www.btgcampaign.co.uk • Sign our online petition: www.btgcampaign.co.uk/petition.php • Follow the campaign on twitter @btgcampaign www.btgcampaign.co.uk
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