The Evidence Should Be Beyond Doubt When A Dentist's Career Is At Risk, Says BDA, UK

Main Category: Dentistry
Article Date: 06 Dec 2007 - 1:00 PDT

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Changes to the standard of proof used in professional fitness to practise cases are being challenged by the British Dental Association.

The BDA is concerned that the Health and Social Care Bill, now going through Parliament, proposes to abandon the criminal standard of proof (beyond reasonable doubt) completely in all fitness to practise cases in favour of the civil standard of proof (balance of probabilities).

The BDA was opposed to the early adoption of the civil standard by the General Dental Council. The Association argues that the criminal standard of proof should be reinstated for charges of misconduct which could lead to the end of a dentist's career.

The BDA's chief executive Peter Ward said: "The BDA supports the robust regulation of dentistry to ensure high professional standards and to protect the public, but we also believe that in circumstances where a health professional could lose their livelihood that this should be based on evidence that is beyond reasonable doubt.

"We are unhappy that this issue was never properly debated with the profession. No strong arguments have been put forward as to why the criminal standard of proof was abandoned for serious charges of misconduct involving removal from the register."

The Health and Social Care Bill also proposes the creation of the new Care Quality Commission which will see both private and NHS dental care regulated by a single body for the first time, a step welcomed by the BDA.

The BDA also welcomes the proposal that the new body will be responsible for making sure that PCTs successfully fulfil their new role of commissioning dental care for local communities.

But the issue of how the new commission's regulatory work will fit in with or take over from inspection regimes currently operated by PCTs needs to be clarified, says the BDA.

The Health and Social Care Bill had its second reading in Westminster on November 26. It is due to go to the committee stage in January where final amendments can be raised.

The British Dental Association (BDA) is the professional association for dentists in the UK. It represents over 20,000 dentists working in general practice, in community and hospital settings, in academia and research, and in the armed forces.

British Dental Association

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