BMA appeals court decision to allow regulator to call PAs 'medical professionals'
4 February 2026
Getty/BrasilNut1By Danny Halpin, PA Media
The British Medical Association is challenging a judge’s decision at the Court of Appeal after its claim over the General Medical Council's approach towards regulating physician and anaesthesia associates was dismissed.
The medical union previously brought a High Court legal challenge) against the General Medical Council (GMC), accusing the regulator of abandoning its responsibilities to patient safety by blurring the lines between doctors and non-doctors.
The legal claim was brought over the GMC’s Good Medical Practice (GMP) 2024 – guidance that came into effect last year that sets standards of conduct for members of the professions regulated by the body.
The BMA previously told the High Court that the GMC was using the term “medical professionals” to describe all those it regulates, including physician associates (PAs) and anaesthesia associates (AAs) when it should only be used to refer to qualified doctors.
PAs are being renamed as physician assistants following the Leng review into the safety and effectiveness of the roles.
Mrs Justice Lambert dismissed the claim last year, saying the GMP guidance “makes clear that all medical professionals have a clear ethical duty to be honest about their experience and role” and that the use of the collective term “medical professionals” does not imply that associates are regulated doctors.
'Real risk of confusion'
The BMA has taken its case to the Court of Appeal, arguing that Mrs Justice Lambert made an error in law when she gave her decision.
Jenni Richards KC, for the BMA, said in written submissions for a hearing on Tuesday that the GMC’s application of the term medical professionals to doctors and associates alike “does not reflect the relevant legislation”.
She said: “It exacerbates the already very real risk of confusion as to the role of, and ambit of capabilities and responsibilities of, associates; it potentially induces associates to commit a criminal offence by referring to themselves in terms that are protected by primary legislation.”
The barrister added: “It poses significant concerns for the public understanding of, and confidence in, the medical profession and the associate professions.”
She asked the court to allow fresh evidence including minutes of meetings and guides that refer to the term medical professionals and how it should be used.
Ivan Hare KC, for the GMC, said in written submissions that Mrs Justice Lambert was right to dismiss the BMA’s claim over the term medical professionals.
He said: “The essential question was whether use of that term authorised or approved unlawful conduct. The obvious answer to that question was ‘no’.”
GMC sought feedback
He also said the GMC sought feedback on its use of the term in a public consultation in April 2022 but the BMA did not respond, despite engaging with other points.
The barrister said the appeal should also be dismissed because of the independent Leng review into the associate professions published in July last year, after Mrs Justice Lambert’s judgment.
He said: “The GMC plans to re-examine GMP and the terminology used in light of this report.
“This has, or may have, rendered all or part of the appeal academic.”
Hare also opposed the BMA including fresh evidence, saying the sought-after documents “would not probably have had an important influence on the result of the case”.
The hearing, before Lord Justice Coulson, Lord Justice Jeremy Baker and Lord Justice Cobb, was due to conclude on Wednesday.
In December, campaign group Anaesthetists United (AU) was refused permission to appeal in its separate legal challenge against the GMC over its approach to regulating physician assistants.
A judicial review brought by the AU and the parents of Emily Chesterton against the GMC was dismissed on all grounds by the High Court in September.
The AU said it can’t afford to take the case to the Court of Appeal, which would be the next legal step in its case.
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