Overview of the consultation
The Department of Health and Social Care has opened a consultation on provisional registration for overseas-qualified dentists. The proposal would give the GDC power to provisionally register dentists who have qualified overseas and have yet to satisfy the GDC’s requirements for full registration.
Consultation questions
1. Do you agree or disagree that the draft order provides GDC with the necessary powers to provisionally register overseas-qualified dentists?
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
The question remains specific as to whether the order provides the GDC with the necessary powers and not whether we agree with the draft order, hence we have responded with ‘neither agree nor disagree’. We are unable to comment on whether the order provides necessary powers but have concerns that the standards for provisional registration do not go wide enough to encompass powers to set standards for supervision / supervisors. Full GDC registration does not in itself make a dentist suitable to act as a supervisor.
2. Do you agree or disagree that the draft order provides GDC with the necessary powers to design, implement and oversee a provisional registration system for overseas-qualified dentists?
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
3. Do you agree or disagree that the draft order provides appropriate safeguards for patient safety?
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
Although there is accountability – this appears to be ‘after the event’. It doesn’t necessarily provide safety at the point of delivery. In addition, in the absence of a requirement for standards applicable to those supervising there is no guarantee of consistency in the level of monitoring and supervision that would be in place at the point of delivery. The GDC will need to ensure risks are identified and properly assessed given the GDC’s primary duty to protect the public; the draft order as it stands does not provide this assurance.
4. Do you think there are any other costs or benefits to business from the legislation as currently drafted?
There should be an assessment of the need for education and training for potentially 2,000 supervisors to ensure that appropriate supervision is provided and how this will be funded. If NHS practice, there will need to be consideration as to whether the supervisors will be paid an amount for supervision (and whether it will turn impact the volume of care delivered initially).
It is also important that the indemnity provisions for both parties are considered and how supervision/working when provisionally registered may alter the risk and as a result where the liability lies. The potential for vicarious liability claims against the practice owner/supervisor may increase the cost of professional indemnity for those involved.
Eligibility and performance criteria need to be clear and unambiguous to avoid the risk of commercial exploitation.
5. Do you think the legislation as currently drafted could impact (positively or negatively) on any persons, including those with protected characteristics covered by the public sector equality duty as set out in the Equality Act 2010 or by section 75 of the Northern Ireland Act 1998?
It is not clear how the current draft takes into account those working part-time or if someone has a break from practice due to maternity. Without knowing this, we are unable to comment on the potential impact.
Dental Protection is part of the Medical Protection Society (MPS), the world’s leading protection organisation for doctors, dentists, and healthcare professionals. MPS protects and supports the professional interests of more than 300,000 members around the world and is proud to have supported over 30,000 dentists and dental care professionals in the UK for many years.
Membership provides access to expert advice and support together with the right to request indemnity for complaints, investigations or claims arising from professional practice.
We are a mutual non-for-profit organisation and the benefits of membership of MPS are discretionary as set out in the Memorandum of Articles of Association. MPS is not an insurance company.
MPS is the world’s leading protection organisation for doctors, dentists and healthcare professionals with almost 300,000 members around the world.
Our in-house experts assist with the wide range of legal and ethical problems that arise from professional practice. This can include clinical negligence claims, complaints, medical and dental council inquiries, legal and ethical dilemmas, disciplinary procedures, inquests and fatal accident inquiries.
MPS is not an insurance company. We are a mutual non-for-profit organisation and the benefits of membership of MPS are discretionary as set out in the Memorandum of Articles of Association.
Contact
Should you require further information about any aspects of our response to this consultation, please do not hesitate to contact us.
Ceylan Simsek
Policy and Public Affairs Manager
[email protected]