The Department of Health’s response to the Performers List Regulations 2013 consultation has been published today. The consultation asked 18 questions to help determine how to amend the Performers Lists system to reflect the changes made by the Health and Social Care Act 2012 and recommendations made by previous reviews.
Many respondents to the consultation were supportive of the changes. The key changes are:
- the NHS Commissioning Board (NHS CB) will become responsible for the performers list and their management
- national lists will be introduced to help facilitate information sharing and reduce bureaucracy
- the current provisions of “conditional inclusion” and “contingent removal” have been merged and simplified to provide for conditions on inclusion in the list in certain circumstances
- changes have been made to the power to suspend performers on the list. This includes an ability to immediately suspend a performer from the list where it is necessary to do so for the protection of patients or the public
- performers will need to demonstrate that they have appropriate indemnity or insurance arrangements relating to their professional practice
- performers will need to provide appraisal information (if it is available), ensuring the board has all relevant information on applicants when they apply to join a list
- performers will be required to inform the board when they are called before an inquest which is likely to be critical of their conduct
- introducing discretion as to whether to refuse entry to the list or remove a performer from the list in the case of practitioners who have been subject to imprisonment of over 6 months
- changes related to GP Registrars, including a longer period to make enhanced Disclosure and Barring Service checks (now 3 months) and making clear that they do not have to reapply to join the performers list following completion of their training
- the response to consultation
- annex A: Draft regulations – The National Health Service (Performers Lists) (England) Regulations 2013
- the original consultation
The Performers Lists system provides primary care organisations in England – currently PCTs – with powers to manage admission, suspension and removal from their lists. The legislative framework in England is set out in the National Health Service (Performers Lists) Regulations 2004 and subsequent amendments.
PCTs are to be abolished from April 2013 and the duties and powers of PCTs in relation to performers lists are to be transferred to the NHS CB. The Secretary of State has decided that national performers lists held by the NHS CB will replace the current system of separate PCT lists. This will ensure alignment with the NHS CB’s responsibility for commissioning NHS primary care services.