Activities and Powers
Due to the principle of autonomy and law of consent there is no legislative restriction on who can treat patients or provide medical or health-related services. In other words, it is not a criminal offence to provide what would be considered medical assistance or treatment to another person – and not just in an emergency. This is in contrast with the position in respect of animals, where it is a criminal offence under the Veterinary Surgeons Act 1966 for someone who is not a registered veterinary surgeon (or in certain more limited circumstances a registered veterinary nurse) to provide treatment (save in an emergency) to an animal.
Parliament, since the enactment of the 1858 Act, has conferred on the GMC powers to grant various legal benefits and responsibilities to those medical practitioners who are registered with the GMC - a public body and association, as described, of the Medical Act of 1983, by Mr Justice Burnett in British Medical Association v General Medical Council.
| “ | Registration brings with it the privileges, as they are described, set out in Part 6 of the Act. In reality, they comprise prohibitions for all those not registered. Section 46 prohibits any person from recovering in a court of law any charge rendered for medical advice, attendance or surgery unless he is registered. Section 47 provides that only those registered can act as physicians, surgeons or medical officers in any NHS hospital, prison, in the armed forces or other public institutions. Section 48 invalidates certificates, such as sick notes or prescriptions, if signed by someone who is unregistered. Section 49 imposes penalties via criminal offences for pretending to be a registered medical practitioner. | ” |
Through which, by an Order in the Privy Council, the GMC describes "The main objective of the General Council in exercising their functions is to protect, promote and maintain the health and safety of the public".
The GMC is funded by annual fees required from those wishing to remain registered and fees for examinations. Fees for registration have risen significantly in the last few years: 2007 fees = £290, 2008 fees = £390, 2009 fees = £410, 2010 fees = £420, 2011 fees = £420, with a 50% discount for doctors earning under £26,000.
In 2011, following the Command Paper "Enabling Excellence-Autonomy and Accountability for Healthcare Workers, Social Workers and Social Care Workers", registration fees were reduced by the GMC in accordance with the Government's strategy for reforming and simplifying the system for regulating healthcare workers in the UK and social workers and social care workers in England and requiring that "t a time of pay restraint in both the public and private sectors, the burden of fees on individual registrants needs to be minimised."
Read more about this topic: General Medical Council
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