Medical Practitioners (Registration) (Amendment No. 4) (Jersey) Law 201-

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 6 June 2011:

Decision Reference: MD-HSS-2011-0024
Decision Summary Title :	Medical Practitioners (Registration) (Amendment No. 4) (Jersey) Law 201-		Date of Decision Summary:	6 June 2011
Decision Summary Author:	Acting Medical Officer of Health		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Medical Practitioners (Registration) (Amendment No. 4) (Jersey) Law 201-		Date of Written Report:	6 June 2011
Written Report Author:	Acting Medical Officer of Health		Written Report : Public or Exempt?	Public
Subject: Medical Practitioners (Registration) (Amendment No. 4) (Jersey) Law 201-
Decision(s): The Minister agreed to lodge au Greffe the draft Medical Practitioners (Registration) (Amendment No. 4) (Jersey) Law 201-, for the purpose of amending the current Medical Practitioners (Registration) (Jersey) Law 1960 as described in the accompanying report, to include the introduction of: • a live Register of doctors, administered by the Minister of Health and Social Services and publicly available; • new protection for patients in Jersey from poorly performing doctors, and the means of supporting doctors in difficulty by detecting problems early and enabling remediation; • a system that will enable doctors in Jersey to keep and regularly revalidate their General Medical Council Licences to Practise. The Minister signed the declaration of compatibility with the European Convention on Human Rights.
Reason(s) for decision: This Law improves and updates the provisions relating to the registration of Medical Practitioners in Jersey
Resource Implications: None
Action required: Request the Greffier of the States to ensure that the draft Law is lodged forthwith and is listed for debate by the States Assembly at the earliest opportunity.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):

Medical Practitioners (Registration) (Amendment No. 4) (Jersey) Law 201-

Medical Practitioners (Registration) (Amendment No.4)(Jersey) law 201-

Report

The current Medical Practitioners (Registration)(Jersey) Law 1960 is out of date and unfit for purpose:

 The Royal Court registers medical practitioners at the point of entry to practise in Jersey, and there is no mechanism for the Register to be kept up to date.

 The Minister of Health and Social Services has no role in this.

 The current law refers only to registration of doctors and not to the new requirement (of the General Medical Council) that all practising doctors hold, and regularly revalidate licences to practise.

 There are no local powers to investigate the fitness to practise of doctors in Jersey. There have been instances here in recent years where concerns about local doctors eventually triggered GMC national- level fitness to practise proceedings. Doctors had continued practising in Jersey whilst recognised problems escalated.

The amended law, as proposed, creates powers to remedy all of the above. It creates the basis for a system of local regulation of doctors, one of the commitments made in Proposition 36/2010 - unanimously adopted by this Assembly.

The General Medical Council has affirmed that, with the changes as proposed, it will accept that Jersey doctors are working in a system with equivalent local regulation as is usual throughout the United Kingdom, and accept recommendations from Jersey’s statutorily appointed Responsible Officer(s).

This newly amended law will create:

 A live Register of doctors, administered by the Minister of Health and Social Services and publicly available.

 New protection for patients in Jersey from poorly performing doctors, and the means of supporting doctors in difficulty by detecting problems early and enabling remediation.

 A system that will enable doctors in Jersey to keep and regularly revalidate their GMC Licences to Practises – essential for maintaining medical manpower into the future, and Jersey’s standing as a jurisdiction with local regulation and standards at least as good as those elsewhere in the British Isles.

Financial Implications:

This amendment has no direct financial implications although subordinate legislation may well have some resource implications which will be detailed at the time.

Dr Susan Turnbull

Acting Medical Officer of Health

6 June 2011