Consultants in England: consultation on private practice earnings
The Private Practice Committee is concerned about the proposal from NHS England for consultants to be required to declare earnings from private practice, allegedly to deal with conflict of interest and breach of their contracts.
The consultant contract (Terms and Conditions - Consultants (England) 2003) does not exclude competition or limit the consultant from undertaking private practice on behalf of other parties (NHS employers or otherwise). On the contrary, it expressly contemplates that consultants may engage in private practice and includes provisions to deal with this. NHS consultants have to work within their job plan, terms and conditions of service and have to adhere to the code of conduct for private practice. If employers have evidence that a consultant is in breach of their contract, then they can take disciplinary action against that doctor.
We have received initial legal advice and it is our view that consultants are within their contractual rights to decline to provide any information about their private practice income to their employer.
We advise any consultants requested to provide practice income information to their employer to refuse to do so and email Reena Zapata, secretary to the Private Practice Committee.
The BMA intends to provide a robust response to the consultation on Managing Conflicts of Interest in the NHS, where the proposals are outlined. We would strongly encourage you to send your individual contribution.
The deadline for comments is Monday 31st October.
Mr Derek Machin, Chair, Private Practice Committee
The private practice committee considers and reports on matters of direct concern to the profession in the field of private general and consulting practice, whether whole or part time, and such other matters as may be referred to it by council from time to time.
The committee engages with key stakeholders in private healthcare to represent the views of the profession. This includes private medical insurers, private hospitals providers, royal colleges and specialty associations.
Who we are
Mr Derek Machin, a urologist in Liverpool
Dr Tom Kane (consultant) and Dr Susan Horsewood-Lee (GPs)
- Thursday 27 October 2016
- Thursday 9 February 2017
- Thursday 25 May 2017
2 - 5pm
The Private Practice conference will be on 5 April 2017 at BMA House.
Support and resources on private practice
Email us: [email protected]