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Vol 273 No 7330 p874
18/25 December 2004

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Shipman Inquiry (more)


Latest Shipman report may affect Society’s roles

Criticisms of the General Medical Council made in the latest Shipman Inquiry report could have implications for the Royal Pharmaceutical Society.

The inquiry’s fifth report, which was published last week, examines the monitoring and disciplinary systems for doctors. The GMC, doctors’ regulatory body, is criticised for acting in the interests of registrants rather than putting patient protection first.

According to the report, one of the GMC’s fundamental problems is a conflict between representative and regulatory roles. The report notes that a perception of a representative role has arisen despite the fact that the GMC is solely a regulatory body. It suggests that the GMC cannot rid itself of this perception because of its constitution, which means that it is effectively controlled by elected members.

“It is not appropriate that the GMC should be dominated by elected members. It should certainly be dominated by medical members; I am not suggesting that there should be any increase in the proportion of lay members. But I do suggest that there should be more appointed medical members, people who are not beholden to an electorate and who do not see themselves in the position of representatives of the profession,” Dame Janet Smith, chairman of the inquiry, recommends.

“To do their work properly as members of a regulatory body, they have to put the public interest first,” she added.

The report also highlights another structural issue for the GMC. It states that it is inappropriate for the GMC to carry out both the investigation of a case and then the adjudication on it. In other words, the GMC cannot be both the prosecutor and the judge. The GMC had taken steps to separate these functions, but these do not go far enough for the Shipman Inquiry. “I have recommended that responsibility for the adjudication stage should be transferred to an independent organisation,” says Dame Janet.

Mandie Lavin

Mandie Lavin: dual role under scrutiny

Commenting on the report, Mandie Lavin, the Society’s director of fitness to practise and legal affairs, said: “It is useful to have such a complete examination of the fitness to practise process.”

The Society recognises that some of the report’s recommendations could have implications for its functions. “It is conceivable that the dual role of the Society as a regulator and as a representative body for registrants will be subject to increased scrutiny in the future,” said Ms Lavin. “There are strengths in the combined function but the Society will need to put in additional safeguards to provide both the membership and the public with an assurance that the regulatory and representative functions are separate.” Ms Lavin also pointed out that the Society will need to consider its position on the issue of whether a separate adjudicating body to hear cases from all regulators should be set up.

Other recommendations made by the inquiry are that all health care professionals should have a duty to view the actions of fellow professionals with independence and objectivity, and that doctors’ disciplinary records should be made publicly available on the GMC website. These are issues that Ms Lavin said that the Society would consider for pharmacists. The report also highlights the introduction of revalidation for doctors planned for 2005. It says that revalidation could make a major contribution to identifying incompetent doctors and improving patient safety but that the present proposals are unsatisfactory.

The report highlights the work of the Council for Healthcare Regulatory Excellence and states that a future review of its powers should be undertaken to see if they should be extended.

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