header-logo header-logo

Open wide?

03 February 2012 / James Penry-davey
Issue: 7499 / Categories: Features , Health & safety , Regulatory
printer mail-detail

When does public interest trump patient consent, asks James Penry-Davey

The core function of a healthcare regulator is to protect patients and the public; where necessary, this involves taking action against practitioners who may be unfit to practise, whether through ill health, misconduct or a criminal conviction. In order to enable regulatory bodies to investigate complaints about practitioners, Parliament has given most regulators broad powers to compel the disclosure to them of information and documents.

For example, under s 33B of the Dentists Act 1984 (DA 1984), the General Dental Council (GDC) can require any person (other than the person in respect of whom the information or document is sought) to supply information or produce any document which appears to be relevant to the discharge of the GDC’s fitness to practise functions, and may apply to the court for an order requiring its supply or production. Similar powers are available to other healthcare regulators such as the

General Medical Council.

What happens where the information or document obtained is a patient record? Some

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll