Department of Health
Friday, 29 November, 2013
This consultation sought views on proposals to change the Medical Act 1983 to give the General Medical Council (GMC) more power to take action where concerns arise about a doctor’s English language capability.
The proposals are designed to complement and strengthen the existing language controls imposed through the responsible officer regulations, performers list regulations and other checks undertaken at a local level.
The Department of Health has been working with the GMC and other stakeholders to develop these proposals.
Executive summary
• This consultation is being taken forward in accordance with the requirements of Section 60 of the Health Act 1999. The regulation making power in Section 60 permits modifications to the regulation of healthcare professions by means of an Order in Council. The Government must consult on draft Orders prior to their introduction into Parliament.
• In May 2010, the Coalition Agreement set out that ‘we will seek to stop foreign healthcare professionals working in the NHS unless they have passed robust language and competence tests’1 in order to assure patient safety and quality of care in the UK.
• Implications of European law, and in particular the Directive on the Mutual Recognition of Professional Qualifications (MRPQ)2, mean that, for European doctors3, language checking cannot be applied at the point of registration.
• Implications of European law, and in particular the Directive on the Mutual Recognition of Professional Qualifications (MRPQ)2, mean that, for European doctors3, language checking cannot be applied at the point of registration.
• Subsequently, the Department has worked with stakeholders to achieve a compliant solution that strengthens language controls for doctors wishing to practice in the UK.
• Discussions have concluded in the following proposals:
- An explicit duty, in legislation, on Responsible Officers to ensure English language competence as part of the recruitment process.
- To make amendments to the Medical Act 1983 to strengthen the GMC’s powers around language controls.
• The Responsible Officer part of the proposals was delivered on 1st April 2013, when the Medical Profession (Responsible Officers)(Amendment) Regulations 2013 came into force.
• This consultation document is concerned with the second proposal and seeks your views on proposed amendments to the Medical Act, through an Order in Council, which aim to prevent patients from being put at risk by doctors with inadequate language competence.
• The GMC are consulting on how they will implement these strengthened powers. They are seeking views on the draft regulations that will enable them to seek evidence and confirmation of a European doctor's ability to communicate in English, should concerns emerge about their language capability during the GMC registration process. They are also seeking views on the draft rules and changes to legislation that deal with complaints that doctors, already on the GMC register, do not have the necessary knowledge of English.
