BMA Response To The Health And Social Care Bill, UK

Main Category: Public Health
Article Date: 16 Nov 2007 - 10:00 PDT

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Responding today to the publication of the Health and Social Care Bill, Chairman of the BMA, Dr Hamish Meldrum, said: "Doctors want a regulatory system that is more effective, supportive and coherent rather than one where there is just more regulation. This is vital to protect patients' lives and doctors' livelihoods."

He added:

"The BMA will be keen to work constructively with ministers and officials during the establishment of the new regulatory body for England, the Care Quality Commission (CQC). Given the new body will have responsibility for secondary care and potentially primary care as well, many of our members will be affected by its regulatory powers, so it is important that the BMA works with the government to develop processes that effectively protect patients and support doctors.

"We have concerns, however, that this new body represents yet more change and reorganisation for the NHS. In recent years the NHS has gone through unprecedented reform and it has struggled to keep up with the numerous changes that have been forced upon it. The BMA urges the government to allow the necessary time for managers and staff to adapt to and work with new systems, if the government really wants these changes to succeed.

"The BMA is deeply unhappy about the proposals to change the way doctors are regulated in the UK. There can be no justification for abandoning the criminal standard of proof (beyond reasonable doubt) in doctors' fitness to practise cases in favour of the civil standard of proof (balance of probabilities). If a doctor's profession can be taken away from him or her, then there needs to be no reasonable doubt that such doctors are guilty of the charges made against them.

"The BMA is absolutely committed to protecting patients from the small number of under-performing doctors. However, we do not believe that many of the proposed changes outlined in this bill will help to achieve this. The best way to protect the public is to develop a system that is fair and that has the confidence of both patients and doctors. We need to develop a supportive culture, which emphasises education and retraining rather than blame and punishment, and where doctors feel able to speak out about problems they observe in themselves or in colleagues."

On other aspects of the bill, Dr Meldrum said: "We are very supportive of any measures that will help young people to lead healthier lifestyles and will want to work with the government to ensure that any initiatives are delivered in a way that will achieve the most effective results."

http://www.bma.org.uk