UK Update
Data Protection Act – civil monetary penalties
Loss of patient data where safeguards are inadequate is likely to cause “substantial distress or damages”, and so may well be liable to civil monetary penalties
The Ministry of Justice has amended the Data Protection Act (1998) to introduce a maximum civil monetary penalty for serious breaches of the Data Protection Act.
The Information Commissioner can impose a civil monetary penalty, or civil fine, of a maximum of £500,000 if data controllers seriously contravene the Data Protection Act in a deliberate or reckless way, or in a way likely to cause substantial distress or damages to an individual.
Loss of patient data where safeguards are inadequate is likely to cause “substantial distress or damages”, and so may well be liable to civil monetary penalties. An organisation or individual cannot purchase insurance or indemnity cover against payment of fines or monetary penalties, as it would be against the public interest. Although the risk of doctors being directly penalised is small, it is a good idea for all healthcare organisations to check data protection policies and procedures are in compliance with the Data Protection Act.
Doctors’ place in assisted suicide law is clarified
The DPP has published its final Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide.
The policy clarifies the law on assisted dying in England and Wales. There were 16 public interest factors in favour of prosecution in an assisted suicide case, including if the suspect was acting in their role as a doctor, nurse, or other healthcare professional. The CPS has stressed that each case would be examined on its individual merit. Factors against prosecution include if the suspect’s actions were wholly motivated by compassion; that they were acting on a voluntary and clear steer from the victim; and the suspect reported the suicide to the police and assisted them in their enquiries.
Factors in favour of prosecution include if the victim is under 18, had not reached an informed, voluntary decision to commit suicide or if they were physically able to commit the act themselves, or if the suspect had a history of violence against the victim or stood to gain in some way by their death.
GMC launches consultation on revalidation
The GMC is consulting on revalidation. The consultation will ask for doctors’ feedback on four key themes:
- How revalidation will work, including the roles of Responsible Officers and doctors in non-mainstream roles.
- How it will affect doctors and employers in terms of assessment, education and training.
- The inclusion of feedback from patients as part of doctors’ assessments.
- How and when revalidation will be introduced.
The GMC hopes that the responses will help to define how revalidation assessments will be carried out. The consultation will run until 4 June 2010.
Consultation on coroners’ system reform
The Ministry of Justice has launched a consultation asking for views on how a reformed national coroners’ system will work in practice. Reforms to the system include:
- The appointment of the first ever Chief Coroner
- Making it easier to transfer inquests between different coroner areas
- Introducing a national appeals system
- Ensuring bereaved family members have the right to request information that is being used by coroners to make their decisions.
The consultation will be followed in the autumn by the appointments of a National Medical Adviser to the Chief Coroner, and a National Medical Examiner. The Department of Health is also developing measures to simplify and strengthen the process of death certification in England and Wales. The consultation closes on 1 July 2010.
NHS patients get new legal rights
NHS patients have new legal rights on maximum waiting times for elective treatment and for urgent cancer referrals, after the proposals were supported by nearly nine out of ten people who responded to the consultation. Since 1 April 2010, patients now have the legal right to start treatment by a consultant within 18 weeks of GP referral and to be seen by a specialist within two weeks of an urgent GP referral for suspected cancer or, if this doesn’t happen, for the NHS to look for an alternative provider.
Important changes to MPS membership criteria
We have made some changes to membership criteria in respect of cosmetic/aesthetic medical practice, Forensic Medical Examiner work, freelance GP (locum) sessions and bariatric surgery. If your practice involves any of these, you should contact the Membership Helpline on 0845 7187187 for guidance.