Foundations of the Regulation of Healthcare Professionals, Volume 1

A comprehensive and authoritative reference on the principles and processes for regulating healthcare professionals

In Foundations of the Regulation of Healthcare Professionals, renowned international regulator Marc Seale delivers an authoritative exploration of the regulation of healthcare professionals, including competence, fitness to practice, professionalism, standards of education, training, and risk, while providing a thorough analysis of how these elements work together and evolve.

This comprehensive reference work examines all components of the regulation of healthcare professionals, providing clear definitions and analysis lacking in the existing literature on the subject, and offers a practical guide for understanding a complex regulatory landscape.

Readers will also find:

• A thorough introduction to regulation, risk, and a framework for regulating healthcare professionals
• Comprehensive explorations of standards, guidance, and safe and effective practice
• Practical discussions of how healthcare professionals are regulated
• A review of the legal principles and processed used to regulate healthcare professionals

Perfect for professors, educators, and teachers of healthcare students, Foundations of the Regulation of Healthcare Professionals will also benefit healthcare students, consumer advocacy organisations, employers of healthcare professionals, professional associations, lawmakers and regulators.

Author Biography ix

Preface xi

Foundations of Regulation xiii

Acknowledgements xv

About the Companion Website xvii

Introduction xix

1 Regulation 1

1.1 Introduction to Regulation and Regulators, 1

1.2 The Regulatory Process, 21

1.3 Effective, Efficient, and Ethical Regulators, 26

1.4 Autonomy, Independence, Accountability, and Scrutiny of Regulators, 34

1.5 The Healthcare Delivery System and its Regulators, 40

2 Risk 49

2.1 Risk, 49

2.2 Risk and Regulation, 55

2.3 Enterprise Risk Management, 57

2.4 Risk of Harm, 62

2.5 Risk-Based Regulation, 72

2.6 Risk and the Intrusiveness of the Regulatory Process, 75

3 Framework for Regulating Healthcare Professionals 79

3.1 Framework for the Regulation of Healthcare Professionals, 79

3.2 Stakeholders in the Regulation of Healthcare Professionals, 87

3.3 Key Stakeholders and their Influence, 103

3.4 Identifying Professionals, 110

3.5 Processes used to Restrict Access to the Labour Market, 121

4 Standards 143

4.1 Introduction to Standards, 143

4.2 Standards for the Regulation of Healthcare Professionals, 149

4.3 Format of Standards, 151

4.4 Establishing and Revising Standards, 154

4.5 Sharing Standards, 158

5 Guidance 163

5.1 Guidance, 163

6 Safe and Effective Practice 167

6.1 Introduction to Safe and Effective Practice, 167

6.2 Competence – Knowledge and Skills, 172

6.3 Scope of Practice, 175

6.4 Standards of Competency, 182

6.5 Perishability of Competences, 187

6.6 Distribution of Competency Levels within a Profession, 191

6.7 Values and Behaviour Framework, 195

6.8 Ethical Healthcare and Healthcare Professionals, 197

6.9 Values and Behaviours of Healthcare Professionals, 205

6.10 Standards of Conduct, 210

7 Regulating Healthcare Professionals 223

7.1 Advantages and Disadvantages of Regulating Healthcare Professionals, 223

7.2 The Regulatory Contract, 236

7.3 Purpose and Objectives of Regulating Healthcare Professionals, 242

8 Legal Principles and Processes for Regulating Professionals 247

8.1 The Law, 247

8.2 Legal Principles and Processes, 250

8.3 Legalisation, 255

8.4 Developing, Enacting, Amending, Reforming, and Repealing Legislation, 259

8.5 Appeals and Judicial Reviews, 264

8.6 Systems and Structures of Government, 268

8.7 Privy Council, 270

8.8 Legislation of Statutory Regulators, 272

Marc Seale was the Chief Executive and Registrar of the Health and Care Professions Council—the UK's multi-professional regulator—for 18 years. He has extensive experience in the regulation of healthcare professions in the UK, Europe, and the USA.