Regulation 16 Additional responsibilities of responsible officers: prescribed connection under regulation 10I1

England and Wales

(1)

Where a responsible officer has responsibilities under regulation 11 in respect of a medical practitioner who has a prescribed connection with a designated body in accordance with regulation 10, the responsible officer has the following additional responsibilities to the extent that the medical practitioner concerned is practising in England.

(2)

In relation to the entry by the designated body into contracts of employment or for the provision of services with medical practitioners, the responsible officer must—

(a)

ensure that medical practitioners have qualifications and experience appropriate to the work to be performed;

F1(aa)

ensure that medical practitioners have sufficient knowledge of the English language necessary for the work to be performed in a safe and competent manner;

(b)

ensure that appropriate references are obtained and checked;

(c)

take any steps necessary to verify the identity of medical practitioners;

(d)

where the designated body is a Primary Care Trust, manage admission to the performers list in accordance with the National Health Service (Performers Lists) Regulations 2004; and

(e)

maintain accurate records of all steps taken in accordance with sub-paragraphs (a) to (d).

(3)

In relation to monitoring medical practitioners’ conduct and performance, the responsible officer must—

(a)

review regularly the general performance information held by the designated body, including clinical indicators relating to outcomes for patients;

(b)

identify any issues arising from that information relating to medical practitioners, such as variations in individual performance; and

(c)

ensure that the designated body takes steps to address any such issues.

(4)

In relation to ensuring that appropriate action is taken in response to concerns about medical practitioners’ conduct or performance, the responsible officer must—

(a)

initiate investigations with appropriately qualified investigators;

(b)

ensure that procedures are in place to address concerns raised by patients or staff of the designated body or arising from any other source;

(c)

ensure that any investigation into the conduct or performance of a medical practitioner takes into account any other relevant matters within the designated body;

F2(d)

where the designated body is F3NHS England, manage admission to the medical performers list in accordance with the National Health Service (Performers Lists) Regulations 2013;

(e)

ensure that a medical practitioner who is subject to procedures under this paragraph is kept informed about the progress of the investigation;

(f)

ensure that procedures under this paragraph include provision for the medical practitioner’s comments to be sought and taken into account where appropriate;

(g)

where appropriate—

(i)

take any steps necessary to protect patients;

(ii)

recommend to the medical practitioner’s employer that the practitioner should be suspended or have conditions or restrictions placed on their practice; and

(h)

identify concerns and ensure that appropriate measures are taken to address these, including but not limited to—

(i)

requiring the medical practitioner to undergo training or retraining;

(ii)

offering rehabilitation services;

(iii)

providing opportunities to increase the medical practitioner’s work experience;

(iv)

addressing any systemic issues within the designated body which may have contributed to the concerns identified;

(i)

maintain accurate records of all steps taken in accordance with this paragraph.

Annotations

Textual amendments

F1: Reg. 16(2)(aa) inserted (1.4.2013) by The Medical Profession (Responsible Officers) (Amendment) Regulations 2013 (S.I. 2013/391), regs. 1(1), 4(2)(a)
F2: Reg. 16(2)(d) substituted (1.4.2013) by The Medical Profession (Responsible Officers) (Amendment) Regulations 2013 (S.I. 2013/391), regs. 1(1), 4(2)(b)
F3: Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

Commencement

I1: Reg. 16 in force at 1.1.2011, see reg. 1(1)