News

NMC to lose professional misconduct regulation powers

14-Jul-06

The NMC is set to lose its powers to adjudicate on professional misconduct cases after a DoH review of non-medical regulation was published today.

The review, carried out by the former head of human resources, Andrew Foster, has put forward three options for fitness to practise hearings.

The three suggestions are: leaving adjudication as it is, having a single separate adjudicator for all the professions or leaving it under the control of current regulators but with a shared adjudication panel across the professions.

The report was published alongside a review of doctors regulation by chief medical officer Sir Liam Donaldson who has recommended that an independent tribunal should oversee fitness to practise cases instead of the General Medical Council (GMC).

Sir Liam believes the independent tribunal should be chaired by someone with legal experience and include professional and lay members. The GMC would then investigate the case and act as chief prosecution.

Chief nursing officer Chris Beasley admitted that in the face of the proposed GMC changes it was unlikely that the NMC would continue to adjudicate on fitness to practise cases as it does now.

‘It comes down to the issue of the public's perceived and real perception of how these things are dealt with. I know people at the NMC work very hard, but the perception is that it is the same people who investigate a complaint, adjudicate a complaint and are also members of the same register.'

She said she was aware that many nurses felt such a move would cut at the heart of professional self-regulation and conceded there were no actual concerns about the non-medical regulators as there were with the GMC.

‘But to do nothing and leave things the way they are really isn't an option,' she said.

The review has also controversially recommended that members of the NMC should be appointed and not elected.

Ms Beasley said regulation should not be about representation but having the right people able to do the job.

The review also says all professions should undergo revalidation (regular assessment of fitness to practice) which should include some kind of a test of skills and knowledge.

Information gathered under the Knowledge and Skills Framework will underpin revalidation and either employers or members of the NMC will carry out the assessment.

New roles, such as medical care practitioners (MCPs) will most likely be regulated by the Health Professions Council (HPC). However, nurses who become MCPs will be able to remain on the nursing register and the NMC will be expected to work closely with the HPC on standards.

The regulation of the non-medical healthcare professions is out to consultation until November.

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