NOTICE BOARD
New disclosure requirements for English practitioners
MOST GPs and GDPs in England will be aware that on 1 April the new Performers List Regulations 2013 came into effect. Previously local PCTs held their own performers lists but now with the reconfiguration of primary care services in England and the disbanding of individual PCTs, one central performers list will be maintained by a new overarching NHS Commissioning Board. The list will be administered on a local level by local area teams (LATs). MDDUS is advising members affected to familiarise themselves with the new regime if they have not already done so. Among changes of particular significance under sections 4 and 9 of
the new regulations is a requirement that practitioners on a performers list disclose certain investigations to their LAT, regardless of whether any finding has been made against them. More specifically this means that a GP must inform the LAT if he or she “becomes the subject of, or has had an adverse finding made as a result of, any investigation by any regulator or other body”. It is presumed this includes Ombudsman’s, GMC/GDC and
SUI-type investigations on a local level but given the lack of clarity we would urge any members who are unsure as to
Should any change be required please
inform MDDUS immediately so that a revised subscription for next year can be calculated. If at the end of next year your estimate has proved to be too high or too low you will have an opportunity at that time to adjust it. We would like to be clear that the figure used should be your gross private earnings from the practice of medicine, however delivered. In the event that you have formed a company for accounting or other purposes, the relevant figure is the gross income to that company in relation to your practice of medicine. In our recent experience, there are still a small number of doctors declaring their salary from their company, as opposed to the gross fees. In such circumstances we have discretion to make adjustments retrospectively to ensure adequate and appropriate indemnity is in place. At the heart of the principle of mutuality is the fact that all members should contribute an appropriate amount to the common fund that is held on behalf of all members. This is an
● LEADING THROUGH UNCERTAINTY MDDUS still has a limited number of places on its popular ‘Leading through uncertainty’ course being held in September. This intensive five-day course is aimed at doctors with management
SUMMER 2013
important principle and we do carry out checks of gross private practice earnings from time to time to ensure that it is being complied with. If you have any questions please
telephone our Membership Department on 0845 270 2038
MDDUS expands advisory staff MDDUS has recruited five new
advisers to meet the continued growth in members throughout the UK. Dr Naeem Nazem has taken up his role as medical adviser, joining recent new recruits Dr Caroline Osborne-White and Dr Richard Brittain in the MDDUS medical division in London where they will provide
medico-legal advice and support for members. Former practice managers Helen Ormiston and Scott
responsibilities. The September course will be held in our Glasgow office on 2 to 6 September, 2013. The cost is £395 for members and £450 for non-members. The workshop will have CPD approval from the Royal College of Physicians.
For more information or to book a place, contact Ann Fitzpatrick on
afitzpatrick@mddus.com or call 0845 270 2034. ● THE 2014 MDDUS PRACTICE MANAGERS’ CONFERENCE will be held again at the Fairmont St
Andrews in Scotland on Thursday 6 and Friday 7 March 2014 – so mark your diaries. More details about content and prices can be found on the back cover of this issue or contact
afitzpatrick@mddus.com or call 0845 270 2034
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whether they need to inform their LAT of an investigation to contact the MDDUS for advice and assistance. The same requirements also apply for investigations or adverse findings in previous employment. Section 9 of the regulations also requires disclosure of
involvement in a coroner’s inquest. This includes anyone who falls within Rule 20(2)(d) or Rule 24 of the Coroner’s Rules 1984 whose “acts or omissions may have caused or contributed to the death”, or who is considered by the coroner to be a properly interested person (PIP) in an inquest. Again, this is something of a grey area as there is a lack of uniformity between coroners as to what makes a witness a PIP. We would therefore advise any member to seek assistance from MDDUS straight away in order that we can assist both with the inquest and with the LAT disclosure. Disclosure is required within seven days of being informed
of an investigation or being called as a witness at an inquest and we urge members to act without delay in complying with the regulations. If in any doubt, please contact the MDDUS for assistance.
Susan Trigg, solicitor, MDDUS
Obrzud have also joined the Union as practice advisers who will be on hand to offer telephone advice on common practice-related matters. MDDUS has enjoyed more than a decade
of undiminished growth and the staff changes are part of a programme to expand and streamline our medical advisory division. Among other changes Mr Riaz Mohammed has now retired from his position as a senior medical adviser and we are delighted he will continue to assist by providing part-time telephone advice.
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