MSRA Industry Regulations 2 — Questions and Answers
Question 1: Under the Mental Capacity Act 2005, which principle must be applied before concluding that a patient lacks capacity?
- Assume the patient lacks capacity until proven otherwise
- Assume the patient has capacity unless proven otherwise (Correct answer)
- A formal psychiatric assessment must confirm incapacity
- Two clinicians must independently assess the patient
Correct 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.
Question 2: 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?
- Caldicott Principles
- Data Protection Act 2018
- GMC Confidentiality guidance on serious harm to others (Correct answer)
- Mental Health Act 1983
Correct 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.
Question 3: Which body is primarily responsible for setting and monitoring standards for postgraduate medical training in the UK?
- General Medical Council (GMC) (Correct answer)
- Health Education England (NHS England)
- Royal Colleges
- Care Quality Commission (CQC)
Correct answer: General Medical Council (GMC)
The GMC sets standards for postgraduate medical education and training and quality-assures programmes across the UK.
Question 4: 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?
- The patient's address
- The patient's date of birth (Correct answer)
- The total quantity in words and figures
- The prescriber's signature
Correct 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.
Question 5: The Equality Act 2010 places a 'reasonable adjustments' duty on NHS employers. Which characteristic triggers this specific duty for an employee?
- Any protected characteristic
- Disability only (Correct answer)
- Disability, pregnancy, and religion
- Any characteristic causing disadvantage
Correct answer: Disability only
The duty to make reasonable adjustments applies specifically to disability under the Equality Act 2010, not to all protected characteristics.
Question 6: Which regulation requires NHS trusts to ensure that all staff who are in regulated activity with vulnerable adults have a valid DBS check?
- Health and Social Care Act 2008 (Regulated Activities)
- Safeguarding Vulnerable Groups Act 2006 (Correct answer)
- Mental Health Act 1983
- Children Act 1989
Correct 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.
Question 7: 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?
- The individual clinician
- The registered provider (NHS trust) (Correct answer)
- The supervising consultant
- The GMC
Correct 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.
MSRA Industry Regulations 2
Under the Mental Capacity Act 2005, which principle must be applied before concluding that a patient lacks capacity?