All practices must ensure that its staff members are fit to carry out their duties, which is a prerequisite for the CQC to conclude that the practice is a fit provider of healthcare. The CQC looks at a series of criteria such as the character, mental fitness, qualifications and experience of the staff members when doing the assessment. Employment history and DBS checks also may become important in the CQC test.
With the introduction of ‘Regulation 5: Fit and Proper Persons: Directors’, it has led to more stringent screening of senior managers, due to the higher level of responsibilities they carry. This regulation brings vetting of general practices on par with other industries, by barring persons with certain conditions. The conditions would include past bankruptcy, subjects of sequestration and insolvency, prohibition from holding a directorship under other laws, and involvement in serious misconduct or mismanagement during the course of carrying out one’s duties. This applies to all directors, whether employed on a permanent or temporary basis. The only exception is partnerships, which is covered by regulation 4 and could apply to both permanent and temporary employees.
To pass the CQC test, you must show evidence that your systems and processes measure ‘fitness’ on an ongoing basis, all guidelines are implemented within its procedures, all reasonable steps are taken to ascertain individuals’ fitness and that you also provide all requested evidence about directors to the CQC.
If a director does not meet the criteria, this has to be communicated to the regulators, which in some cases might be the healthcare of social care regulator.
The staff members’ fitness can be checked by anyone, but the final responsibility is with the chair of the controlling board. Thus, it should be clearly indicated who needs to be checked and what criteria needs to be checked on. This will help the CQC with its procedures and tests in ensuring the fitness level of the staff members and their practices.
