Industry Regulations Flashcards

Under the Mental Capacity Act 2005, which principle must be applied before concluding that a patient lacks capacity?

Answer: Assume the patient has capacity unless proven otherwise

The MCA 2005 starts from the presumption of capacity; this must be rebutted by evidence before any finding of incapacity.

A patient discloses during consultation that they are planning to seriously harm a named third party. Which framework most directly governs the clinician's duty to disclose this information?

Answer: GMC Confidentiality guidance on serious harm to others

GMC confidentiality guidance explicitly permits disclosure without consent when there is a serious and credible risk of harm to an identifiable third party.

Which body is primarily responsible for setting and monitoring standards for postgraduate medical training in the UK?

Answer: General Medical Council (GMC)

The GMC sets standards for postgraduate medical education and training and quality-assures programmes across the UK.

A doctor prescribes a controlled drug for a patient. Under the Misuse of Drugs Regulations 2001 (Schedule 2), which detail is NOT legally required on the prescription?

Answer: The patient's date of birth

Schedule 2 CD prescriptions require name and address of the patient, drug details, dose, total quantity in words and figures, and prescriber's signature — date of birth is not a legal requirement.

The Equality Act 2010 places a 'reasonable adjustments' duty on NHS employers. Which characteristic triggers this specific duty for an employee?

Answer: Disability only

The duty to make reasonable adjustments applies specifically to disability under the Equality Act 2010, not to all protected characteristics.

Which regulation requires NHS trusts to ensure that all staff who are in regulated activity with vulnerable adults have a valid DBS check?

Answer: Safeguarding Vulnerable Groups Act 2006

The Safeguarding Vulnerable Groups Act 2006 established the barring scheme and requires DBS checks for those in regulated activity with vulnerable groups.

A junior doctor makes a clinical error that causes patient harm. Under the 'duty of candour' (Regulation 20, Health and Social Care Act 2008), who holds the primary statutory duty?

Answer: The registered provider (NHS trust)

Regulation 20 places the statutory duty of candour on the registered provider (the trust), though clinicians have a parallel professional duty under GMC guidance.