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Regulation of Health and Social Care Professionals Consultation

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Programme. 14 Similarly, at the General Medical Council there is a requirement to<br />

demonstrate certain qualifications <strong>and</strong> then a two-stage test that includes a<br />

written exam <strong>and</strong> practical test. The Council has 14 overseas assessment<br />

centres which include Cairo, Lagos <strong>and</strong> Islamabad. 15<br />

13.19 An assessment is not necessarily part <strong>of</strong> the process at the <strong>Health</strong> Pr<strong>of</strong>essions<br />

Council where two assessors can accept an application to join the register on the<br />

basis <strong>of</strong> documents provided. These requirements depend on the st<strong>and</strong>ards <strong>of</strong><br />

pr<strong>of</strong>iciency for the particular pr<strong>of</strong>essional register that is being applied for. 16<br />

Provisional view<br />

13.20 Registering health <strong>and</strong> social care pr<strong>of</strong>essionals that have qualifications from<br />

countries beyond the EEA is a complicated task for the regulators. Currently, this<br />

task is performed without the support <strong>of</strong> a detailed legal framework. However, we<br />

would be concerned about imposing a framework on the regulators, not least<br />

because the size <strong>of</strong> the task <strong>of</strong> recognising international qualifications depends<br />

on the pr<strong>of</strong>ession involved. Furthermore, the regulators are best placed to<br />

determine the equivalence <strong>of</strong> qualifications <strong>and</strong> the content <strong>of</strong> any supplementary<br />

training or assessment.<br />

13.21 In our view, the retention <strong>of</strong> enabling powers in this area would strike the right<br />

balance between the competing values <strong>of</strong> legal certainty <strong>and</strong> flexibility in practice.<br />

Therefore, we provisionally propose that the statutory solution should include<br />

broadly-worded powers for the regulators to register those from non-EEA<br />

countries. As indicated above, this would include a power to set requirements as<br />

to the language, practice <strong>and</strong> education that an applicant would be expected to<br />

demonstrate as well as a power to oversee any supplementary assessment or<br />

training regime.<br />

Provisional Proposal 13-3: The statute should include broad powers for the<br />

regulators to register those from non-EEA countries, including powers to set<br />

requirements as to the language, practice <strong>and</strong> education requirements.<br />

REGULATING OUTSIDE THE UK<br />

13.22 As well as facing challenges in terms <strong>of</strong> potential registrants entering from<br />

abroad, the work <strong>of</strong> the regulators also has an impact on those outside the<br />

borders <strong>of</strong> mainl<strong>and</strong> UK. Here we focus on three issues which arise in this<br />

context: the extent <strong>of</strong> the regulators’ jurisdictions, accreditation <strong>of</strong> courses abroad<br />

<strong>and</strong> distance service provision.<br />

Extent <strong>of</strong> the regulators’ jurisdictions<br />

13.23 The regulators’ legislation extends to the UK, except for the Pharmacy Order<br />

2010, which extends only to Great Britain, <strong>and</strong> the Pharmacy (Northern Irel<strong>and</strong>)<br />

14 Nursing <strong>and</strong> Midwifery Council, Registering as a nurse or midwife in the United Kingdom:<br />

for applicants from countries outside the European Economic Area (2011).<br />

15<br />

See http://www.gmc-uk.org/doctors/plab/advice_part1.asp#1 (last visted 15 February<br />

2012).<br />

16 See http://www.hpc-uk.org/apply/international/assessing (last visited 15 February 2012).<br />

227

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