Re: the GOC consultations on consent and the duty of candour.
After new standards for registrants were introduced in April, the GOC promised guidance for how these should work in practice.
The GOC has since consulted on two draft guidance notes. One was on the need to seek consent for treatment. The AOP responded to this alongside the Optical Confederation. The draft guidance suggested patient consent be sought at each stage of the eye examination but we argued this would be excessive. We said there is implied consent in the fact that the patient is attending an examination and therefore it does not make sense to ask a patient for their consent when looking at a Snellen chart. For tests patients might be unfamiliar with, and anything uncomfortable or invasive, it makes sense to explain the procedure and check the patient is happy to proceed.
The concept of a duty of candour arose from the Francis Inquiry into the Mid Staffordshire NHS Foundation Trust. It recommended all organisations providing NHS care be required to be candid when a mistake has occurred, and not wait for a complaint before communicating with patients. This is most important where there has been or could be serious harm.
The AOP responded to the GOC alongside ABDO to express concerns about the draft guidance on candour. We advised it should be designed for the situations in practice, and use language appropriate to the procedures. The obligations on registrants need to be proportionate to the risks in practice and the guidance should explain this.
Individual registrants should be provided with time and support by employers to allow them to meet candour obligations. Also the GOC should introduce standards for businesses that complement those for individual registrants.