Page 165 - Human Rights

Faculty of Nursing
Adult care Nursing Department

a) Self-regulation: Internal audits, ethical codes, and disclosure of directors’ performance and

remuneration.

b) Board: Singular versus dual board, mechanisms of appointment to the board, mechanisms of

salary control, and performance evaluation (adapted from Mallon (2018)).

4 Strategy:

a) Responsive regulation presupposes that cultural diversity between regulated organizations

justifies the use of discriminatory power.

Because this model is based on contingency, hierarchical regulatory tools are fundamental.

b) To effectively regulate organizations’ practices, an evaluation of each situation is required,

followed by an intervention with the appropriate regulatory instruments

However, if it is true that in a regulatory state, healthcare is delivered by different organizations
with diverse cultural backgrounds, it is also true that all of them should be accountable for their

decisions. Control by regulatory agencies is instrumental in accomplishing this goal. In many

countries, regulators are at arm’s length from the government.

The National Institute for Health and Care Excellence (NICE) and the Care Quality Commission
(CQC) are good examples of this regulation modality in the United Kingdom (NICE 2002).

The rationale behind direct and indirect government regulation, as well as independent regulation,

is easily understandable.

As stated by Richard Salman and Reinhard Buses (2002), the strength of entrepreneurial
incentives makes it essential to have in place adequate regulation to “steer-and-channel” what

would otherwise be only self-interested private decisions. . .. Regulation, as a central instrument

of stewardship, must from this perspective, similarly satisfy these two basic requirements calling

for ethical and efficient state behavior.

143 Academic Year 2025/2026