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Regulation of Health and Social Care Professionals Consultation

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Non-practising registers<br />

5.38 As noted above, a small number <strong>of</strong> the regulators have established nonpractising<br />

registers. It would be possible for the regulators to continue to have<br />

powers to include such people in their registers (for example through annotation<br />

or by issuing a separate licence to practise) or to be given powers to establish a<br />

separate non-practising register. We do not necessarily think the establishment <strong>of</strong><br />

non-practising registers is a matter which should necessarily be left to<br />

Government. This is on the basis such registers do not extend the definition <strong>of</strong>, or<br />

confer additional advantages on, a pr<strong>of</strong>ession (although arguably they do bestow<br />

a privilege on the person).<br />

5.39 However, there are legitimate concerns about use <strong>of</strong> non-practising registers.<br />

Arguably, they undermine one <strong>of</strong> the key aims <strong>of</strong> registration which is to indicate<br />

those pr<strong>of</strong>essionals who are appropriately qualified, fit to practise <strong>and</strong> have met<br />

continuing pr<strong>of</strong>essional development requirements. The use <strong>of</strong> non-practising<br />

registers is also associated historically with self-regulation where the regulators<br />

were seen as protecting the interests <strong>of</strong> registrants. The ability <strong>of</strong> retired<br />

pr<strong>of</strong>essionals to remain in good st<strong>and</strong>ing with the regulator appears to serve<br />

primarily the interests <strong>of</strong> the pr<strong>of</strong>ession rather than the public. On the other h<strong>and</strong>,<br />

given that members <strong>of</strong> a pr<strong>of</strong>ession spend many years achieving that status <strong>and</strong><br />

over their careers may move in <strong>and</strong> out <strong>of</strong> active practice, some form <strong>of</strong> passive<br />

membership may be useful <strong>and</strong> administratively sensible. We welcome views on<br />

whether non-practising registers should be retained or abolished.<br />

Question 5-8: Should non-practising registers be retained or abolished?<br />

TYPES OF REGISTRATION<br />

5.40 The governing legislation normally outlines a number <strong>of</strong> different types <strong>of</strong><br />

registration. The following are common across all the regulators:<br />

(1) full registration;<br />

(2) conditional registration, where the registrant can practise subject to<br />

certain conditions such as restrictions on the type <strong>of</strong> work undertaken or<br />

a requirement that the registrant must undergo retraining; <strong>and</strong><br />

(3) temporary registration, which applies normally for practitioners who are<br />

established elsewhere in the European Economic Area states or<br />

Switzerl<strong>and</strong>, <strong>and</strong> are coming to the UK to provide services for a short<br />

period <strong>of</strong> time, but it can also apply to non-qualified UK practitioners in<br />

cases <strong>of</strong> emergency (see below).<br />

5.41 In addition some <strong>of</strong> the regulators can register applicants on a provisional basis.<br />

This is where newly qualified pr<strong>of</strong>essionals must demonstrate that they satisfy<br />

certain st<strong>and</strong>ards before becoming fully registered. At the General Medical<br />

Council, for example, provisionally registered doctors with a licence to practise<br />

can practise only in certain approved posts <strong>and</strong> must gain the award <strong>of</strong> Certificate<br />

<strong>of</strong> Experience before becoming fully registered.<br />

5.42 Some <strong>of</strong> the governing legislation provides that if the Secretary <strong>of</strong> State advises<br />

that an emergency has occurred, the Registrar can make certain temporary<br />

changes to the registrar. For example, the Registrar <strong>of</strong> the General Medical<br />

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