NEWS DIGEST
reinforce our separation from the tribunal service and our role as a patient safety organisation which brings the most serious cases to the tribunal service for adjudication. “These changes will also help us
streamline our investigations, reduce the time it takes to deal with complaints and make our procedures faster, fairer and more efficient.” The GMC has launched a consultation
on new and amended rules which will be needed to implement changes to the law. The results will be published in summer 2015 and then presented to Parliament for approval.
New powers to audit data protection in the NHS
A CHANGE in the law has given the Information Commissioner new powers to compulsorily audit GP surgeries and other public healthcare organisations to access how they handle personal patient information. The law which came into effect on 1
February amends the Data Protection Act and allows the Information
Commissioner’s Office (ICO) to enter premises without consent to check on compliance with the Act and to review areas including security of data, records management, training and data sharing. Previously, the ICO would only undertake compulsory audits in central government departments and consent was required for audits in the NHS. The new legislation will not apply to any private companies providing NHS services. Christopher Graham, the Information Commissioner, said: “Time and time again we see data breaches caused by poor procedures and insufficient training. It simply isn’t good enough. “We fine these organisations when they
get it wrong, but this new power to force our way into the worst performing parts of the health sector will give us a chance to act before a breach happens. “
New website to educate patients on implants
A dedicated website with a downloadable booklet to educate patients about implants and related treatments has been launched by The Association of Dental Implantology. Patients accessing the website (www.
consideringdentalimplants.
co.uk) are provided a basic overview of the implant process, along with a glossary and illustrations to explain terms and procedures,
and FAQs. Patients can also request
a free printed copy of the leaflet – Considering Dental Implants? MDDUS advises that the website and booklet may be a helpful adjunct in educating patients but reminds members that it remains the responsibility of the individual competent dental surgeon to ensure patient consent for implant treatment is fully informed and to check leaflets or other resources made available to patients are credible and up-to-date.
Tough penalties for covering up clinical failings HOSPITALS could be fined up to £10,000 and senior staff and directors could
face jail for providing false and misleading data in regard to significant clinical fail- ings under new plans to tackle any perceived “cover-up” culture in the NHS. New laws are expected to target directors or other senior staff at NHS organisa- tions who “consent or connive” in the provision of false or misleading information, with individuals subject to fines or imprisonment for up to two years. The Department of Health is also consulting on plans to require hospitals to reim- burse the NHS Litigation Authority up to £10,000 for each clinical negligence case in which they have failed to demonstrate openness and honesty after a significant clinical mistake. The new laws have emerged from recommendations made by the Francis inquiry
into failings at the Stafford Hospital where misleading and dishonest information was given to regulators and the public about the trust’s poor performance. The new requirements will apply only to information specified in the regulations which includes mortality figures, data submitted to the Health and Social Care Infor- mation Centre, quality accounts, complaints data, cancer outcomes data as well as national cancer waiting times and national audits. Health secretary, Jeremy Hunt, said: “Being open and learning from mistakes is crucial in improving patient care. The NHS is a world class health service, but when mistakes happen it is vital that we face them head on and learn so they are never re- peated. This sends a strong message that covering up mistakes will not be tolerated.”
● MENTAL HEALTH ACT 1983 A revised code of practice for the Mental Health Act 1983 has been published by the Department of Health to provide guidance for professionals but also to help patients, their families and carers
SPRING 2015
know their rights. The code was last reviewed in 2008 and the new revisions reflect changes in legislation, case law, policy and professional practice. Download the code at
http://goo.gl/ QBcM2V.
● CALLS FOR ANTIBIOTIC REVIEW NICE is calling for ongoing external review of antibiotic prescribing among individual healthcare providers in a bid to reduce antimicrobial resistance. It recommends setting
up stewardship teams to review prescribing and resistance data and provide feedback to those prescribing outside of local guidelines “where this is not justified”. The final guideline is expected in July 2015.
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PhOtOgrAPh: rAy tAng/rEx shuttErstOCk
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