Abstract
This chapter briefly outlines the qualifications, statutory and otherwise, for medical, dental, nursing and midwifery staff, and for pharmacists, opticians and professions supplementary to medicine. The formal question of qualifications, and the substantive question of actual ability and experience to do a particular job of work or to carry out a particular task requiring expertise, must be carefully distinguished. It is most unlikely that any hospital could escape liability for the negligence of a member of its medical or other professional staff on the grounds that it had done its duty in appointing a statutorily qualified person. It may be observed that even if circumstances did arise in which such defence could conceivably avail, it would be useless merely to show that a person with, say, the minimum registrable qualification in medicine had been appointed. In making senior hospital appointments, full regard is paid to the applicant’s postgraduate experience, as well as to appropriate higher qualifications. Given the distinction just indicated, relegating the question of formal qualifications to a subsidiary role in the overall question of a hospital’s responsibilities to patients as well as to other staff, this chapter simply draws attention to the broad features of the relevant legislation.
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Notes
Defined in section 4(3), as amended by the Medical Qualifications (Amendment) Act 1991, section 1.
Section 4(1) defines a qualifying examination as an examination held by any of the bodies or combination of bodies specified in subsection (2).
Section 10 lays down the requirements as to experience. The main provision is subsection (2) which states that: ‘A person must, after passing a qualifying examination, have been engaged for the prescribed period in employment in a resident medical capacity in one or more approved hospitals or approved institutions and have obtained a certificate under this section.’ ‘Approved’ is defined in section 11(4).
A primary European qualification is defined in section 17.
Case 115(78) [1979] ECR 399.
Case 246(80), European Court, 6 October 1981.
Defined in subsection (2).
Defined in section 55. An improperly administered test may give rise to a complaint of racial discrimination, see GMC v Goba [1988] IRLR 425.
‘Good character’ is not defined.
See the Medical Act 1983, section 20.
R v Pharmaceutical Society, ex parte Sokoh The Times, 4 December 1986.
Bhandari v Advocates Committee [1956] 3 All ER 742.
Hunter v Clare [1897] 1 QB 635.
Medical Act 1983, section 46(1).
Medical Act 1983, section 46(3).
Juries Act 1974, section 9 and Schedule 1, Part III.
Not to be confused with the temporary full registration of visiting overseas specialists pursuant to section 27.
Dentists Act 1984, section 26(1); and see also section 39, ‘Prohibition on use of practitioners’ titles by Laymen’.
Dentists Act 1984, section 38(1) and (2).
SI 1986/887, as amended by SI 1991/1706.
Opticians Act 1989, section 7(a).
Opticians Act 1989, section 7(b).
Opticians Act 1989, section 24.
See the General Optical Council (Rules on the Testing of Sight by Persons Training as Ophthalmic Opticians) Order, SI 1974/1329; these remain in force following the National Health Service Act 1977 (see the Interpretation Act 1978, section 17).
Opticians Act 1989, section 27.
Professions Supplementary to Medicine Act 1960, section 1(1).
Orthoptists were added by the Professions Supplementary to Medicine (Orthoptists Board) Order in Council, SI 1966/990.
Professions Supplementary to Medicine (Registration Rules), SI 1962/1765, as amended by SIs 1966/1111, 1967/266, 1968/1973 and 1975/1691, 1979/365, 1980/968, 1981/178, 1986/660 and the (Registration (Appeals) Rules) Orders in Council, SI 1962/2545.
SI 1954/55.
Professions Supplementary to Medicine Act 1960, section 3(2).
See also the Professions Supplementary to Medicine (Disciplinary Committees) (Procedure) Rules Order in Council, SI 1964/1203 and the Professions Supplementary to Medicine (Disciplinary Proceedings) Legal Assessor Rules, SI 1964/951.
Professions Supplementary to Medicine Act 1960, section 6(1).
Professions Supplementary to Medicine Act 1960, section 6(2).
See the National Health Service (Professions Supplementary to Medicine) Regulations 1974, SI 1974/494.
Professions Supplementary to Medicine Act 1960, section 4.
Nurses, Midwives and Health Visitors Act 1979, section 10(1) (unaffected by the amendments in the Nurses, Midwives and Health Visitors Act 1992).
Schedule 1 of the Nurses, Midwives and Health Visitors (Parts of the Register) Order 1983, SI 1983/667), as amended by SI 1989/104 and SI 1989/ 1456.
See the Nurses, Midwives and Health Visitors Rules Approval Order 1983, SI 1983/873, as amended by SIs 1989/109, 1989/1456, 1990/1624, 1991/135 and 1991/766.
Nurses, Midwives and Health Visitors Act 1979, section 11(2).
Subsections 3A and 4A were inserted by the Nursing and Midwifery (EEC Recognition) Order 1983, SI 1983/884, as amended by the Nursing and Midwifery (EEC Recognition) Amendment Order 1984, SI 1984/1975.
SI 1983/921.
EC Council Directives 80/154/EEC and 80/155/EEC.
EC Council Directive 77/453/EEC and see HC(91)32 for EEC 89/48 (other professions).
As amended, in the case of Portugal and Spain following the accession of those countries to the EEC, by SI 1985/1852.
SI 1983/873, as amended (see note 38, above).
At p. 554
Nurses, Midwives and Health Visitors Act 1979 (as amended by the Nurses, Midwives and Health Visitors Act 1992), section 11A.
1 January 1984 (Sex Discrimination (Midwives) (Specified Date) Order SI 1983/1841), that being the date from which men may train and practise as midwives on equal terms with women.
See Finch ‘Paternalism and Professionalism in Childbirth’ (1982) 132 New Law Journal 995-996, 1011-1012.
Medical Act 1983, section 36(1)(b)(iii).
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Finch, J. (1994). Professional qualifications. In: Speller’s Law Relating to Hospitals. Springer, Boston, MA. https://doi.org/10.1007/978-1-4899-7122-7_19
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DOI: https://doi.org/10.1007/978-1-4899-7122-7_19
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