Legal Frameworks
Indemnity
It is essential that all independent practitioners have an adequate level of indemnity cover from one of the medical defence bodies, as the NHS indemnity schemes do not cover private work. You can get appropriate cover from one of the following organisations:
In addition, doctors should also look at medical liability insurance cover, for example:
Information Commissioner Office (ICO)
Doctors who carry out independent private or NHS practice are required to be registered with the Information Commission under the Data Protection Act 1998 and pay an annual subscription fee. The application form is available on the Information Commission website or by contacting their helpline on 0303 123 1113
Disclosure and Barring Service
Doctors working independently, like those employed directly by the NHS, generally require an Enhanced DBS check if they are direct contact with patients, especially children and vulnerable adults.
The Disclosure and Barring Service have introduced the Update Service, which allows for greater portability of criminal records checks in England and Wales. The service introduces a subscription that allows doctors to move between employers without reapplying for a criminal records check.
Care Community Commission (CQC)
The CQC holds responsibility for the regulation of private healthcare.
Any service provider that carries out a regulated activity listed in the Health and Social Care Act 2008 (Regulated Activities Regulations) Regulations 2010 must register with CQC. This includes independent private medical services and the location of the service(s).
The CQC normally provides a structured the site visit within 12 months of registration, inspection teams use the key CQC’s assessment framework for healthcare services.
CQC advice for the devolved nations
Northern Ireland: Regulation and Quality Improvement Authority (RQIA)
Scotland: Healthcare Improvement Scotland
