This module examines the regulation and discipline of healthcare professionals, the development of its law as an established discipline, with its own principles, policy imperatives and specialist jurisprudence, and the far-reaching changes of the past two decades. The student will be introduced to the structure and governance of the regulators and to the law and practice of their disciplinary processes, along with those of the NHS. The concept of “fitness to practise”, the categories of impairment, issues of disclosure, confidentiality and double jeopardy, expert and other evidential matters, the role of the appellate courts, and the impact of the Human Rights Act 1998 will form part of a comprehensive, detailed and practical study of the subject. The module will appeal to law graduates, practising lawyers, healthcare professionals and those seeking to work in a regulatory capacity or to undertake many of the key roles within a healthcare tribunal setting.
The aim is to provide an understanding of healthcare regulatory and disciplinary principles, objectives and law, and to provide the necessary tools to work in the field. In particular, the student will acquire a roadmap for his or her future engagement with the subject, primarily by learning to recognise the structure of the regulators’ governing legislation, exploring the key legal issues and areas of controversy, and by acquiring the ability to distinguish those decisions of the courts that form, or add to, a consistent body of jurisprudence from the plethora of fact-specific decisions that do not. The module will focus on UK law, but will draw in comparative materials and EU law as appropriate.
2 x 2,500 word course essays