Advice In Practice

A1.1.1 When a practice is sold or otherwise disposed of, or when a particular practice association ends, registered dispensing opticians have a duty to ensure the continuing welfare of patients. In the case of closure, arrangements should be made for the transfer of patients’ records to another practice. When the practice is transferred, the public, and in particular existing patients, should be informed and the new owners identified. If it is not possible for the records to be transferred to another practice, rather than their being destroyed, records should be offered to the Primary Care Organisation (PCO) or a person nominated by the PCO.

A1.2.1 Employers may only carry out DBS checks if employees sanction such checks or it is a condition of their employment. If a DBS disclosure is sought where there is no entitlement to do so e.g. on existing staff, this may be an offence under The Police Act 1977. This could result in imprisonment for up to 6 months or a fine (currently between £2,500 and £5,000).

A1.3.1 Employers are entitled to have details of potential employees’ spent convictions and ask for candidates to produce a basic disclosure from the DBS to assess the candidates’ suitability for the role. There is no legal obligation for employers to ask this question, but if asked the candidate is required to reveal any spent convictions. If at a later date it is found that the employee gave false information then the employer may be able to dismiss them. It is recommended that employers advise the candidates of this in the contract of employment.

A1.4.1 When employing those under 18 such as students on work experience, employers should be mindful of such issues as:

• health and safety
• confidentiality of data
• insurance

A1.5 In the UK, individuals who meet statutory criteria may apply for and obtain a Gender Recognition Certificate (GRC) under the Gender Recognition Act 2004, which provides legal recognition of their acquired gender for most legal purposes and affords enhanced privacy protections in relation to gender history.

In line with the General Optical Council (GOC) Standards of Practice, eyecare professionals must treat all patients with dignity, respect and fairness, and must not discriminate unlawfully. Practitioners should communicate with patients in a respectful and person-centred manner, including using names, gender and pronouns in accordance with the individual’s expressed identity, regardless of whether a GRC has been obtained.

Patient information must be recorded, used and disclosed appropriately and lawfully, in accordance with the Equality Act 2010, the Gender Recognition Act 2004, and applicable data protection legislation. Registrants are responsible for ensuring that their practice environment and record-keeping arrangements support patient dignity, confidentiality and trust.