Regulation of Health and Social Care Professionals Consultation

PART 13
CROSS BORDER ISSUES
13.1 The management of cross border issues is an important activity for the health
and social care professional regulators with a significant number of overseasqualified
practitioners wishing to register in the UK. 1 In addition, the work of the
regulators impacts on those outside the borders of mainland UK. In this Part, we
explore the issues that arise from this, and specifically consider:
(1) registrants entering from within the European Economic Area;
(2) registrants entering from beyond the European Economic Area; and
(3) regulating outside the UK.
13.2 This Part does not discuss cross border issues that arise from the devolution
settlements between the devolved administrations in Northern Ireland, Scotland
and Wales. Our approach to devolution is set out in Part 1.
REGISTRANTS ENTERING FROM WITHIN THE EEA
13.3 When a health or social care professional from the European Economic Area
(EEA) 2 wishes to move to another country that is also in the EEA, there is a
system for the mutual recognition of professional qualifications. This is provided
for by Directive 2005/36/EC, often called the “Qualifications Directive”. The
intention of the Directive is to make it easier for qualified professionals to practise
their professions in EEA countries other than their own and in doing so, allow for
freedom of movement within the EEA.
13.4 The Directive was implemented in UK law by the European Qualifications (Health
and Social Care Professions) Regulations 2007. 3 These regulations insert
detailed and extensive provisions into the regulators’ governing legislation. For
example, the provisions set out matters such as which primary qualifications in
the Qualifications Directive qualify as primary qualifications for the purposes of
registration and different criteria for registration based on whether the EEA
national is seeking full, temporary or provisional registration.
13.5 The Directive distinguishes between doctors, dentists, nurses, midwives and
pharmacists, which are termed the “sectoral professions”, and the remaining
health and social care professions which are termed “general systems
professions”. The distinction is important because the general systems
1 For instance, 38% of doctors qualified overseas (General Medical Council, The State of
Medical Education and Practice in the UK (2010), p 27).
2 The EEA was established in 1994 to allow some members of the European Free Trade
Association – Iceland, Liechtenstein and Norway – to participate in the internal market of
the European Union (EU). In return, these countries agreed to adopt almost all European
Union legislation. Accordingly, the Directive applies to all nationals from the 30 European
Union Member States, plus Iceland, Liechtenstein and Norway. Our use of the term EEA
includes Switzerland which has adopted the Directive despite not being part of the EEA.
3 SI 2007 No 3101.
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