HSE preparing circular for managers on regulatory referrals

The HSE is preparing a circular to provide guidance to managers on making referrals to healthcare professional regulatory bodies.

A HSE spokesperson said the purpose of the circular is to “protect public safety and welfare in the event of serious complaints against employees, whilst ensuring that employees are afforded a fair process prior to any such referral”. The circular is currently subject to a consultation phase with staff representative bodies.

The Medical Independent requested a comment from the IMO, but none was received by press time. The Irish Nurses and Midwives Organisation (INMO) has expressed significant concern about a HSE draft circular it had seen on the matter. These concerns were outlined in the latest edition of the INMO’s journal, World of Irish Nursing and Midwifery.

According to the article, the union supported the activities of the Nursing and Midwifery Board of Ireland (NMBI) in protecting the public and maintaining the standing of the nursing and midwifery professions.

However, it said the NMBI’s regulatory processes should only be used when necessary and appropriate, “following adequate consideration of matters within an employment context.”

According to the article, the INMO was recently presented with a HSE draft circular seeking to provide guidance to managers on referral of serious matters to healthcare regulators.

“There has never been such guidance within the HSE, as each regulator has its own code of conduct and ethics for the professionals that it regulates and there are lead clinicians or directors of nursing and midwifery who understand the professional relationship between the registered professional and their regulator. These professionals can exercise appropriate discretion as to when it is appropriate to refer a matter to the regulator and where a matter should be dealt with locally,” stated the article.

“[The proposals] create a serious risk that the employer will use professional regulators as a means to avoid its responsibilities,” it added. These responsibilities included undertaking appropriate investigations and action in accordance with the agreed procedures and policies of the health service.

According to the 2024 Medical Council annual report, it received 364 complaints about doctors during that year. Seven came from the HSE, eight from healthcare institutions (eg, private hospitals, nursing homes, etc), and 17 from healthcare professionals. Most (286) came from members of the public.