Regulation of Health and Social Care Professionals Consultation

5.25 Finally, a small number of the regulators have powers to establish non-practising
registers. These may include for example academics, those taking a career break
or retired professionals. The General Medical Council achieves this by issuing a
licence to practise as well as registration. In order to practise medicine, doctors
are not required merely to register but to hold a licence. This allows some
registrants such as retired doctors to remain in good standing with the General
Medical Council while not holding a licence to practise medicine. The General
Pharmaceutical Council has recently abolished its non-practising register on the
basis that they should only register those who are appropriately qualified, fit to
practise and have met continuing professional development requirements.
Provisional view
Specialist lists
5.26 It would be possible to give the regulators broad powers to divide their registers
into different parts and establish specialist lists. Arguably, the regulators are best
placed to know which specialisms may be useful for potential users of the register
and whether particular specialisms are sufficiently differently from the ordinary to
make it necessary or desirable to create a specialist register.
5.27 On the other hand, there are concerns that specialist lists could be used to
advance careers in the profession rather than as a mechanism to enhance public
protection, and that there are other ways in which for example specialisms can be
advertised such as by the relevant professional bodies and employers. 24 On this
basis it might be more appropriate for such decisions to be a matter for
Government.
5.28 It is also important to consider that the existence of specialist lists and different
parts of the registers is referred to in other legislation. For example, the
Performers List Process requires an NHS authority or board to satisfy itself that a
General Practitioner is a suitable person to be delivering NHS services by
requiring them to provide a range of information including a declaration that they
are on the General Medical Council’s specialist register. 25 Therefore, if regulators
were given powers to alter or remove specialist lists this could have
consequential implications for other legislation which would need to be amended.
This may reinforce the view that such decisions should be a matter for
Government.
5.29 On balance we think that the regulators should not be given powers to establish
specialist lists. Instead, we propose that the statute itself should specify which
types of registers should be established by the regulators, including any different
parts and specialist lists. Our assumption is that the existing types of registers
would be maintained in the new statute. The Government would then have
powers to make regulations to create or remove specialist lists or alter the
existing parts of registers.
24
Council for Healthcare Regulatory Excellence, Advance Practice: Report to the Four UK
Health Departments (2009).
25 NHS (Performers List) Regulations 2004, SI 2004 No 585.
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