Lecture 10: GOC and fitness to practice Flashcards
WHat are the responsibltites of the general optical council?
-Setting standards for the performance and conduct of registrants
-Approving qualifications leading to registration
-Maintaining a register of individuals who are fit to practise or train as optometrists or dispensing opticians and bodies corporate.
-Investigating and acting where registrant’s fitness to practice, train or carry on business may be impaired
What are the statutory commitees in the GOC?
-Companies Committee
Advises the Council and other committees on matters relating to business registrants.
-Education Committee
Advises the Council and other committees on optical training and education.
-Investigation Committee
Decides whether an allegation that a registrant’s fitness to practise, train or carry on business is impaired should be referred to the Fitness to
Practise Committee.
-Registration Committee
Advises the Council on registration issues, including the rules governing registration and publication of the registers.
-Standards Committee
Advises the Council on the standards of conduct and performance expected of current and potential registrants.
What are the non-statutory commitees of the GOC?
-Audit, Risk, and Finance Committee
Advises the Council and other committees on procedures relating to budgeting and financial performance, risk management and internal and external audit.
-Remuneration Committee
Advises the Council on fee payments, allowances and expenses and the remuneration package of the Registrar.
-Nominations Committee
Approves our Council and committee appointment processes.
-Investment Committee
Advises and makes recommendations to the Council on investment of our assets.
What is fitness to practice about?
managing the risk that a registrant poses to patients or members of the public in the future
-not about punishing people for past events
When should yuo raise concenrs to a regulator?
if you know or suspect their work or behaviour:
-has harmed or may harm you or someone else
-has been or may be so unprofessional that, unless the regulator takes action, the general public will lose trust in that profession.’
What is the process of fitness to practice?
initial concern- GOC becoems aware of an issue or a complain has been made
triage- complaint must reach a acceptance criteria
investigation stage- registrant, employer and deperatment of health informed. information is obtained from various sources
investigation material shared- 28 days to make written comments/response. resposne shared with complainant for comment.
case examiners- lay person and registered GOC professional make an intial decision
What triage outcomes can you get?
close with no further action
close and refer to another body
open an investigation
open an investigation and refer to the interim orders committe
How can GOC obtain evidence for investigation?
clinical records
expert opinions
guidance
police infromation
witness statements
What are the 2 stages of case examiner decisions?
What do case examiners do in cases on conflict of opinion?
stage 1: deciding if their is realsitic prospect to be able to prove the claims if the case is referred to the FTPC
stage 2: if the claims are proved, are they serious enough to indicate registrants fitned to practice is impaired to a dgree that justifies taking action agaisnt the registrant
consider the most serious version and apply the realsitic prospect test
What is negligence?
Breach of a duty of care which results in damage
May be an caused by action or omission
What is misconduct?
does not mean any breach of the duty owed by a business registrant or an individual registrant to their patient
it connotes a serious breach which indicates that the business registrant’s or an individual registrant’s fitness to practise is impaired
What is the difference between negligance and misconudct?
negligence acts which are very serious can amount to misconduct
a single negligent act or omission is less likely to cross the threshold of “misconduct” than multiple acts or omission.
However, there may be some circumstances in which a single negligent act or omission, if particularly grave, could be characterised as “misconduct”;
What is remediation?
What response has been given by the Registrant
What insight have they shown in the events
Have they undertaken any additional training
What is impairement?
it means there are concerns about their ability to practise safely and effectively.
This may mean that they should not practise at all, or that they should be limited in what they are allowed to do.
The focus is on current impairment; that is whether a registrant may continue to present a risk
What can the case examiner outcomes be?
no further action (case closed)
adjourn for information
order an assessment )health or performance assessment)
issue a warning
referral to FTPC (public hearing)
