Information sharing between providers

Accept in principle

The government agrees that, where patient safety is at risk, information should be shared with other providers. However, there must be an element of judgement by providers as they will be taking on responsibility to ensure that this information is appropriate and accurate.

Regulators have taken key steps to make it easier for people and organisations to share information regarding patient safety risks. The Medical Profession (Responsible Officers) Regulations 2010 (revised in 2013), which apply to all medical practitioners, have also set out prescribed connections for sharing information regarding performance concerns between health organisations.

The government accepts this recommendation in principle and agrees that, where a provider has evidence that an individual is shown to be acting in an unsafe way, they should share concerns about that individual’s practice with other providers who they work with.

The previous Government agreed that where a provider has evidence that an individual is shown to be acting in an unsafe way, they should share concerns about that individual’s practice with other providers who they work with, in a way that complies with GDPR obligations.

Regulators have taken important actions to make it easier for people and organisations to share information regarding patient safety risks e.g. GMC is clear in its guidance that patient safety is paramount when deciding whether to share information about doctors and that this should occur in a timely manner.

The Department of Health and Social Care has been working on changes to the Medical Profession (Responsible Officers) Regulations 2010 to ensure they are fit for use in the changing healthcare landscape, which includes considering how best to strengthen information-sharing systems. The work had been split into two tranches, with the aim of making legislative changes in the later part of 2024. However, exact timings are subject to views and priorities of the new Government.

The Government has stated that investigations when concerns are raised about medical professionals should be conducted in an appropriate, timely and thorough way. In doing this, Responsible Officers must ensure that local processes are in place for raising and acting on concerns about doctors, with issues escalated to the GMC as appropriate.

NHSR provides expertise to help foster a fair and compassionate approach, and a learning culture when supporting employing and/or contracting organisations and practitioners when concerns are raised about an individual’s practice. NHSR encourages organisations and practitioners to use this service as early as possible. NHSR has also launched new guidance on making decisions relating to exclusions, (exclusions are designed as a short-term, temporary measure to remove a practitioner from their usual place of work until the nature and cause of a performance concern are understood and while an investigation is carried out).The guidance includes the need to communicate these decisions to other providers who work with the professional in question.

NHSR has a Healthcare Professional Alert Notices (HPANs) system. This is a system where notices are issued by NHSR to inform NHS bodies and others about health professionals who may pose a significant risk of harm to patients, staff or the public. HPANs are usually used whilst the regulator is considering the concerns and provides an additional safeguard during the pre-employment checking process.

NHSR has completed and published evaluation of its resources including:

1. Immediate engagement with resources

2. Short term outcomes for employers focusing on improved knowledge and evidence of applying that knowledge

3. Changes in case management as medium term outcomes and extrapolating any changes to the cost of exclusions

4. Positioning of Practitioner Performance Advice as a system leader in the management of exclusions

The Government is considering how best to strengthen information-sharing systems around professionals as part of the reforms to the Responsible Officer regulations.

Action 9b

The government agrees that where a provider has evidence that an individual is shown to be acting in an unsafe way, they should share concerns about that individual’s practice with other providers who they work with, in a way that complies with GDPR obligations.

Regulators have taken important actions to make it easier for people and organisations to share information regarding patient safety risks e.g. GMC is clear in its guidance that patient safety is paramount when deciding whether to share information about doctors and that this should occur in a timely manner.

DHSC is working on changes to the Medical Profession (Responsible Officers) Regulations 2010 to ensure they are fit for use in the changing healthcare landscape which includes considering how best to strengthen information-sharing systems around professionals as part of these reforms. Reformed regulations are expected to be laid in 2024.

The government has stated that investigations when concerns are raised about medical professionals should be conducted in an appropriate, timely and thorough way. In doing this, Responsible Officers must ensure that local processes are in place for raising and acting on concerns about doctors, with issues escalated to the GMC as appropriate.

NHS Resolution provides expertise to help foster a fair and compassionate approach, and a learning culture when supporting employing and/or contracting organisations and practitioners when concerns are raised about an individual’s practice. NHSR encourages organisations and practitioners to use this service as early as possible. NHSR has also launched new guidance on making decisions relating to exclusions, which includes the need to communicate these decisions to other providers who work with the professional in question.

NHS Resolution has launched new guidance on making decisions relating to exclusions, which specifically includes the need to communicate these decisions to other providers who work with the professional in question.

The government has continued to consider how best to strengthen information-sharing systems around professionals as part of the reforms to the Responsible Officer regulations.

Action 9.1b:

Accepted in principle by the government: “The government agrees that, where patient safety is at risk, information should be shared with other providers. However, there must be an element of judgement by providers as they will be taking on responsibility to ensure that this information is appropriate and accurate.”

To be considered further by the Department of Health and Social Care in its review of the Medical Profession (Responsible Officers) Regulations 2010 (revised in 2013), awaited.