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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Medical Practitioners (Registration) (Responsible Officers) (Jersey) Order 2014 and Medical Practitioners (Registration) (General Provisions) Order 2014

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 15 September 2014:

Decision Reference:        MD-HSS-2014-0041

Decision Summary Title :

Medical Practitioners (Registration) (Responsible Officers) (Jersey) )Order 2014, Medical Practitioners (Registration)(General Provisions) Order 2014

Date of Decision Summary:

 

Decision Summary Author:

 

Head of Professional and Care Regulation

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

 

Written

Person Giving

Oral Report:

-

Written Report

Title :

Orders made under Medical Practitioners (Registration) (Jersey) Law 1960

Date of Written Report:

28 August 2014

Written Report Author:

 

Head of Professional and Care Regulation

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

 

Public

Subject:  Approval of Orders made under the Medical Practitioner (Registration) (Jersey) Law 1960 setting out the registration process and the appointment and duties of responsible officers.

 

Decision(s): The Minister for Health and Social Services has approved the Medical Practitioners (Registration) (Responsible Officers) (Jersey) )Order 2014 and the Medical Practitioners (Registration)(General Provisions) Order 2014

 

Reason(s) for Decision:     

 

To enable the provisions in  the Orders made under the Primary Law to come into force on 1 October 2014  to coincide with the Appointed Day for the Medical Practitioner (Registration) (Amendment No. 4) (Jersey) Law 2011.  The Appointed Day Act P114/2014 was adopted by the States on a standing vote on 7 July 2014

 

 

Resource Implications:

The Orders, when in force, will impose additional registration responsibilities on the Professional and Care Regulation Team within the Public Health Directorate, but these will be covered by existing resources and transfer of present charges for registration from the Judicial Greffe to the Public Health Directorate.

 

Action required:    

  • The Minister for Health and Social Services to sign the Medical Practitioners (Registration) (Responsible Officers) (Jersey) )Order 2014
  • The Minister for Health and Social Services to sign the Medical Practitioners (Registration)(General Provisions) Order 2014.
  • Greffier of the States to arrange for the order to be laid before the States.

Signature:

 

Position:

Minister for Health and Social Services

Date Signed:

Date of Decision (If different from Date Signed):

 

Medical Practitioners (Registration) (Responsible Officers) (Jersey) Order 2014 and Medical Practitioners (Registration) (General Provisions) Order 2014

STATES OF JERSEY HEALTH & SOCIAL SERVICES DEPARTMENT

 

PUBLIC HEALTH DIRECTORATE

 

Report from Head of Professional and Care Regulation

 

REPORT

 

 

TITLE: Medical Practitioners (Registration)(General Provisions) Order 2014

 

Medical Practitioners (Registration) (Responsible Officers) (Jersey) Order 2014

 

DATE: 19 August 2014

 

 

BACKGROUND

 

The Medical Practitioners (Registration) (Jersey) Law 1960 is primary legislation, which determines the how doctors become registered as medical practitioners in Jersey.

 

In July 2011 the States Assembly approved amendments to this primary Law which was necessary to satisfy the UK General Medical Council (GMC) that doctors working in Jersey meet the required standards and are and continue to be fit to practise.  The Appointed Day Act bringing this amendment into force (P.114/2014) on 1 October 2014 was approved by the States by standing vote on 9 July 2014.

 

The amendment lays the foundations needed for a new system of local regulation of doctors in Jersey which:

 

  • Updates to the current legislation to require doctors in Jersey to hold full registration and a licence to practise with the UK General Medical Council (GMC). 
  • enables the Jersey Law to be updated by Order in response to any future changes in the UK; and
  • transfers the registration of medical practitioners from the Royal Court to the Minister for Health and Social Services.

 

The updated Law made provision for secondary legislation in the form of Orders to be written, which provide the detail about how local regulation will work in practice. Two Orders are now drafted, were subject to a stakeholder consultation[1] and are now ready for approval, these are the Medical Practitioners (Registration) (General Provisions) (Jersey) Order 2014 and the Medical Practitioners (Registration) (Responsible Officers) (Jersey) Order 2014.  The outcome of the consultation can be found at:

 

 

Medical Practitioners (Registration) (General Provisions) (Jersey) Order 2014

 

This Order specifies the information doctors are required to supply on application for registration and which will subsequently be held on the register.  Essentially this includes personal and professional information, any relevant investigations and/or conditions on practise imposed on the applicant by the GMC.  The Order also makes provision for the public to access the list of doctors registered in Jersey.

 

The Order makes provisions to ensure that the Medical Practitioner Register remains up-to-date and that the regulatory authorities in Jersey are aware of referrals to, investigations conducted by, or conditions applied by the GMC.

 

To ensure that the register is kept up-to-date, registered practitioners will be required to verify their information on the register every two years.  If the information is not verified, the practitioner’s name will be removed from the register.

 

As part of the transitional arrangements necessary to bring the register up to date, all medical practitioners currently registered with the Royal Court, will be included on the register other than doctors who were registered before 1 January 1957.  However if any doctor registered before this date wishes to remain on the Jersey register he or she can request to be reinstated.

 

Once the Order comes into force, all medical practitioners will be required within 12 months to provide the information set out in the schedule which will form the basis of the updated register. 

 

The fee for registering will be as at present: a one off payment of £150 which is payable at the time of first registration.  Doctors already registered and migrated onto the updated register will not be required to pay a fee.

 

Medical Practitioners (Registration) (Responsible Officers) (Jersey) Order 2014

 

This Order provides for the appointment and duties of Responsible Officers (ROs) which mirror those of ROs in the UK and include making recommendations to the GMC to assist their decision about whether an individual doctor continues to have a licence to practise.  

 

There are five classes of registered medical practitioners that will determine how local doctors will be allocated a Responsible Officers.  It’s an equivalent system to that in the UK and agreed by the GMC to support the revalidation process.   

 

The five classes are:

  • Responsible Officers class This class is for the registered medical practitioners who are themselves, the Responsible Officers for the following four classes.
  • States Employees class – This class is for all registered medical practitioners who are States employees or who practise under a contract of service with the Health and Social Services Department.
  • Performers classThis class is for doctors who work as General Practitioners and who are included on the Performers List and an approved practitioner under the Health Insurance (Jersey) Law 1967.
  • Independent Practitioners class – This class is for what is expected to be a small number of registered medical practitioners who do not fall into any of the preceding classes and do not already have a UK Responsible Officer.
  • UK Connected Practitioners class This class is for doctors who already have a Responsible Officer in the UK.

Under the Order, Responsible Officers are appointed by the Minister and he or she must be registered as a medical practitioner in Jersey. 

The Responsible Officer responsibilities for each class of medical practitioner are set out in the Schedules to the Order and broadly follow the equivalent UK regulations.  The responsibilities for the Responsible Officer for the Performers class are consistent with and aligned to the Health Insurance (Performers List for General Medical Practitioners) (Jersey) Regulations 2014.

 

Recommendation

 

Approve the following Orders made under the Medical Practitioners (Registration) (Jersey) Law 1960:

 

Medical Practitioners (Registration) (General Provisions) Order 2014

 

Medical Practitioners (Registration) (Responsible Officers) (Jersey) Order 2014

 

 

Christine Blackwood

Head of Professional and Care Regulation

28 August 2014


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