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03 February 2012 / James Penry-davey
Issue: 7499 / Categories: Features , Health & safety , Regulatory
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Open wide?

When does public interest trump patient consent, asks James Penry-Davey

The core function of a healthcare regulator is to protect patients and the public; where necessary, this involves taking action against practitioners who may be unfit to practise, whether through ill health, misconduct or a criminal conviction. In order to enable regulatory bodies to investigate complaints about practitioners, Parliament has given most regulators broad powers to compel the disclosure to them of information and documents.

For example, under s 33B of the Dentists Act 1984 (DA 1984), the General Dental Council (GDC) can require any person (other than the person in respect of whom the information or document is sought) to supply information or produce any document which appears to be relevant to the discharge of the GDC’s fitness to practise functions, and may apply to the court for an order requiring its supply or production. Similar powers are available to other healthcare regulators such as the

General Medical Council.

What happens where the information or document obtained is a patient record? Some

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Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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