OurÂ consultation on moving to a fitness to practise model of regulation ended in October 2013.Â (For more information see our article from February 2014.)Â Â Responses were overwhelmingly positive, although a number of important common concerns were raised.
Responses fell into the following broad categories:
- How would a fitness to practise model fit with an employerâ€™s/registrantâ€™s responsibilities eg how/when/by whom should a referral be made? Who should obtain a medical report in health cases and when should this be done?
- How would fitness to practise (including future fitness to practise) be judged, given that it was proposed that an individualâ€™s fitness to practise could be impaired even where there had not been a breach of the Code of Practice? What wasÂ the authority for departing from the Code? What new standards would be setÂ and how would this be done?
- Concern about theÂ potential for an increase in the number of referrals.
- Would a fitness toÂ practise model amount to disability discrimination?
We have now concluded our discussions with the Scottish Government on legal issues around the framework for a fitness to practise model and we will now work with the sector to consider the issues raised.Â Detailed guidance, which will include more complex examples, as requested by some respondents, will then be produced.