Maintaining high professional standards in the modern NHS: Doctors' and dentists' disciplinary framework
In December 2003, the Department of Health issued the document High Professional Standards in the Modern NHS; a framework for the initial handling of concerns about doctors and dentists in the NHS, under cover of HSC 2003/012. The framework consisted of two parts: Part I: Action when a concern arises; and Part II: Restriction of practice and exclusion. The Department has now agreed with the British Medical Association and British Dental Association the remaining three parts of the framework covering new disciplinary procedures for doctors and dentists employed in the NHS. These are: Part III: Conduct hearings and disciplinary matters; Part IV: Procedures for dealing with issues of capability; and Part V: Handling concerns about a practitioner's health. As with Parts I and II, Parts III, IV, and V of the framework have been drafted in close collaboration with NHS Employers and the National Clinical Assessment Authority. The new procedure replaces the current disciplinary procedures contained in circular HC(90)9, as well as the Special Professional Panels ('the three wise men") provided for in HC(82)13 and abolishes the right of appeal to the Secretary of State held by certain practitioners under Para 190 of the Terms and Conditions of Service. The Directions on Disciplinary Procedures 2005 require all NHS bodies in England to implement the framework within their local procedures by 1 June 2005. It has also been agreed with Monitor that the framework should be issued to NHS Foundation Trusts as advice.
