NOTICE BOARD


Contractual issues top among calls from practice managers


CONTRACTUAL issues are a hot topic for practice managers seeking employment law advice, according to new figures from MDDUS. Almost half of calls (46 per cent) to the Union’s in-house employment law advisory team in the first six months of 2011 were contract related.


MDDUS employment law adviser Janice


Sibbald said: "Practice managers have become more financially aware in the current economic climate. As a result, almost half of the calls we received asking for employment law advice have been contractual. "Common contractual issues include the


Sneaking a peek at patient records


In June of this year BMA Scotland reported that its staff had been involved in a number of disciplinary hearings representing members who allegedly accessed electronic medical records for inappropriate reasons. The separate incidents involved


doctors of all grades consulting either their own records or those of patients not under their treatment, including family members, colleagues and some high-profile individuals. MDDUS has also seen an increase in the number of such cases among its members. Two obvious factors are behind the growing number of confidentiality breaches of


this type: the greater ease of access due to the near universal digitisation of patient records and the ability to audit such access and spot irregularities. The guidance for all healthcare professionals on these matters is clear – access to patient records should be restricted to clinical purposes only. Inappropriate access can lead not only to disciplinary action from local health boards or PCTs and GMC/GDC sanctions but also potential prosecution against an employer under the Data Protection Act. Not only should clinicians be diligent about their own practice it is essential that


employed staff also understand that accessing medical records without just cause is a serious matter. The Data Protection Act says that: “Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.” The Act requires that security measures are put in place to ensure that only authorised people can access personal data and that these people should “only act within the scope of their authority”. In its guidance on confidentiality the GMC is also clear on this point: “You must


make sure that any personal information about patients that you hold or control is effectively protected at all times against improper disclosure.” It states further: “If you are responsible for the management of patient records or


other patient information, you should make sure that they are held securely and that any staff you manage are trained and understand their responsibilities.” Practices and other healthcare providers should ensure that robust procedures and policies are in place to prevent inappropriate access to patient records – be it intentional or inadvertent. There should also be regular reminders and updates to staff on data protection policies to reinforce this message. Just as the BMA has noted – defending such breaches can be very difficult given the clear rules on confidentiality and the incontrovertible evidence provided by electronic audit.


members and £20 for non-members. To register interest or book the workshop phone MDDUS or email


trainingandconsultancy@mddus.com l PITCHSIDE MEDICINE SportPromote has announced dates for its next RCSEd CPD-approved course focused on providing the


AUTUMN 2011


knowledge and skills required to manage the acutely injured or unwell athlete. The two-day course will be held at Hampden Park in Glasgow on 1 – 2 March 2012. Go to


www.sportpromote.co.uk l CALLING ALL PRACTICE MANAGERS Bookings are now


rolling in for places at the next MDDUS Practice Managers’ Conference being held at the Fairmont, St Andrews on 1 – 2 March 2012.


employment of new staff on revised terms and conditions or guidance on contract interpretation. We also receive a number of calls from our members on policy issues such as maternity or sick pay." MDDUS is the only UK defence


organisation to offer members access to an in-house HR and employment law advisory team. They provide members with the confidence that the advice given is compliant with the latest legislation. The Union’s call figures show that as well as 46 per cent contract-related calls, 13 per cent related to job performance, 11 per cent to staff absence and 10 per cent discipline.


Appeal for doctors to get flu jab


DOCTORS are being urged to get the seasonal flu vaccine by the Department of Health. New figures from the DoH show that


just over 38 per cent of GPs and 37 per cent of other doctors were vaccinated against flu last winter. The number of healthcare workers getting the vaccine increased from 26.4 per cent in winter 2009 to almost 35 per cent in 2010. Despite the upward trend, the DoH is


calling on more doctors to protect themselves against flu before this winter. Chief Medical Officer Dame Sally Davies said: “NHS staff face increased pressure over winter, especially if there is a severe flu season. They keep the NHS running and it is vital that they protect themselves, their patients and families from the potentially serious effects of flu that they are exposed to over the winter period.” The DoH figures revealed hospital nurses and midwives were least likely to have the seasonal flu jab, with an uptake of just 30 per cent last winter. GP practice nurses had the highest uptake at 42.5 per cent.


The programme has been finalised and can be found on our website at


www.tinyurl.com/6g7yr4e.


For further information or assistance contact Karen Walsh at kwalsh@mddus.com or on 0845 270 2034.


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