Will whistleblowing doctors be gagged?
stuart | 19.07.2003 15:19 | Health
On 5th June, it was claimed that NHS consultants could be prevented from exposing waiting list fiddles under the terms of a draft national contract. When, on 18 July, the British Medical Association and the Department of Health announced an agreement on the contract, there was no mention of the whistleblowing concerns.
Six weeks ago, senior figures at the British Medical Association (BMA) voiced concenrns that a proposed contract for NHS consultants would punish whistleblowers who expose fraud in the NHS. Now the BMA has struck a deal with the Department of Health on the contract. However, neither the BBC story * nor the BMA website ** mention what has happened to the whistleblower issue.
* BBC story:
http://news.bbc.co.uk/2/hi/health/3075281.stm
** BMA website article: http://www.bma.org.uk/ap.nsf/Content/millerjuly
Here is a shortened version of the original concerns, followed by the recent announcement, with links to the sources with the full versions.
http://www.freedomtocare.org/page301.htm
5th June 2003 UK
DOCTORS could be prevented from exposing waiting list fiddles under the terms of a draft contract drawn up by the Government, it has been claimed.
...
But consultants' leaders have warned that the model contract contains a "gagging clause" which could deter doctors from exposing politically-driven waiting list fiddles.
The contract states: "You have an obligation not to disclose any information of a confidential nature concerning patients, employees, contractors or the confidential business of this organisation.
"Any disclosure other than to members of NHS staff immediately and properly concerned, or as required or permitted by law, will render you subject to disciplinary action and could be regarded as gross misconduct and make you liable for dismissal."
Nizam Mamode, joint deputy chairman of the BMA's Central Consultants and Specialists Committee, said this would stop doctors from acting as advocates for their patients.
He told the British Medical Association newspaper BMA News that the extra conditions amounted to an attack on civil liberties.
"This goes way beyond patient confidentiality," he said.
"It would mean, for example, that all the things we've been saying recently about managers fiddling figures and employing extra staff while surveys are taking place to meet targets, would not come out."
...
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On July 18th: http://www.doh.gov.uk/consultantscontract/
18 July, 2003
Following discussions between the Department of Health, the NHS Confederation and the British Medical Association a 'Heads of Agreement' has now been reached...The parties to the agreement will produce terms and conditions of service shortly, which will be placed on [the website http://www.doh.gov.uk/consultantscontract/] once agreed.
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* BBC story:
http://news.bbc.co.uk/2/hi/health/3075281.stm ** BMA website article:
http://www.bma.org.uk/ap.nsf/Content/millerjuly Here is a shortened version of the original concerns, followed by the recent announcement, with links to the sources with the full versions.
http://www.freedomtocare.org/page301.htm 5th June 2003 UK
DOCTORS could be prevented from exposing waiting list fiddles under the terms of a draft contract drawn up by the Government, it has been claimed.
...
But consultants' leaders have warned that the model contract contains a "gagging clause" which could deter doctors from exposing politically-driven waiting list fiddles.
The contract states: "You have an obligation not to disclose any information of a confidential nature concerning patients, employees, contractors or the confidential business of this organisation.
"Any disclosure other than to members of NHS staff immediately and properly concerned, or as required or permitted by law, will render you subject to disciplinary action and could be regarded as gross misconduct and make you liable for dismissal."
Nizam Mamode, joint deputy chairman of the BMA's Central Consultants and Specialists Committee, said this would stop doctors from acting as advocates for their patients.
He told the British Medical Association newspaper BMA News that the extra conditions amounted to an attack on civil liberties.
"This goes way beyond patient confidentiality," he said.
"It would mean, for example, that all the things we've been saying recently about managers fiddling figures and employing extra staff while surveys are taking place to meet targets, would not come out."
...
-------------
On July 18th:
http://www.doh.gov.uk/consultantscontract/ 18 July, 2003
Following discussions between the Department of Health, the NHS Confederation and the British Medical Association a 'Heads of Agreement' has now been reached...The parties to the agreement will produce terms and conditions of service shortly, which will be placed on [the website
http://www.doh.gov.uk/consultantscontract/] once agreed. -------------
stuart