Regulation of Health and Social Care Professionals Consultation

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Council may register a person (or group of persons) who appears to be fit, proper and suitably experienced to be registered. 29 The Registrar of the Nursing and Midwifery Council can make temporary annotations in the register indicating that certain registrants are entitled to prescribe drugs, medicines and appliances notwithstanding that the registrant is not so qualified. 30 Provisional view 5.43 Currently, all the regulators register professionals on a full, conditional or temporary basis. Only some, such as the General Medical Council, can register professionals on a provisional basis. We propose that the statute should require all of the regulators to register on a full, conditional or temporary basis. In addition, the regulators would be given powers to introduce provisional registration if they wish to do so. It would be left to the regulators to decide if they wanted to introduce such a system and if so, what form it would take, such as restrictions on practice and educational requirements. 5.44 We also propose that the statute should provide that if the Secretary of State advises that an emergency has occurred, a regulator can make certain temporary changes to the register. Provisional Proposal 5-9: The regulators will be required to register applicants on a full, conditional or temporary basis. In addition, the regulators will be given powers to introduce provisional registration if they wish to do so. Provisional Proposal 5-10: The statute will provide that if the Secretary of State advises that an emergency has occurred, a regulator can make certain temporary changes to the register. REQUIREMENTS FOR REGISTRATION 5.45 Against each type of registration, different requirements for registration will apply. For example, often the governing legislation specifies how applications should be made and the information required, or gives the regulator a power to specify these matters in rules or regulations. The following provides an overview of the various requirements for registration. Qualifications 5.46 The legislation normally establishes that an applicant must hold an approved qualification which is then defined further in rules or regulations. The legislation also provides that the regulator may recognise qualifications obtained outside the UK and register applicants who do not hold a recognised qualification but satisfy the Registrar that they have reached the required standard of proficiency. The registration requirements for European Economic Area nationals are likely to differ from UK and non-European Economic Area applicants. For example, non- European Economic Area applicants are often required to produce evidence that they have sufficient knowledge of spoken and written English to enable them to 29 Medical Act 1983, s 18A. 30 Nursing and Midwifery Order 2001, SI 2002 No 253, art 6A. 78
practise safely and competently. 31 The education requirements for non-UK qualified practitioners are discussed in Part 13. Good health 5.47 Some of the governing legislation includes a general statement to the effect that in order to be registered an applicant must demonstrate that they are in good health, both physically and mentally. 32 However, some of the legislation takes a different approach by linking any health issues to the person’s fitness to practise. In effect, the applicant must be registered if their fitness to practise is not impaired by reason of adverse physical or mental health. 33 5.48 Some of the regulators require applicants for initial registration to provide a formal health reference from a doctor, while others require merely a self-declaration confirming good health. Other regulators only require a formal medical report at the initial registration stage and not when registration is being renewed. Good character 5.49 Some of the governing legislation contains a general statement to the effect that in order to be registered the applicant must be of good character. 34 However, not all of the legislation contains such a statement but requires applicants to disclose details of past behaviour and conduct which may impact on their fitness to practise. For example, the Health Professions Council requires applicants to provide details of previous convictions and cautions, details of any disciplinary action and a self-declaration of good character. 35 The regulators may also initiate advance record checks on such matters. Other requirements 5.50 In addition to the above requirements, some of the legislation specifies that in order to be registered the prescribed fee must be paid. Most of the regulators are given powers to make rules or regulations with respect to the charging of fees for registration. The General Optical Council and General Pharmaceutical Council also require the applicant to show that they have adequate insurance or indemnity arrangements. 36 This is not required by all the regulators, including the Health Professions Council and General Social Care Council. 5.51 However, Directive 2011/24/EU on patients rights in cross border health care, which is due to be transposed into domestic law by October 2013, requires members states to ensure that systems of professional insurance or their equivalent are in place for all health care provided in their territory. 37 This reflects the policy of the four UK health administrations that when harm has been caused 31 For example, Dentists Act 1984 s 15. 32 For example, Chiropractors Act 1994, s 3(2)(c). 33 For example, Medical Act 1983, ss 3(1) and 35C(2)(d). 34 For example, Osteopaths Act s 3(2)(b). 35 Health Professions Council (Registration and Fees) Rules Order of Council 2003, SI 2003 No1572, sch 1. 36 Opticians Act 1989, s 10A and Pharmaceutical Order 2010, SI 2010 No 231, art 32. 37 Art 4. 79
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Law Commission Scottish Law Commiss
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CODE OF PRACTICE ON CONSULTATION Th
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The default powers of the Privy Cou
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Review hearings 187 Should regulato
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FOREWORD BY THE CHAIRMEN OF THE LAW
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TABLE OF ABBREVIATIONS CHRE Council
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approval imposes burdens on the Dep
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1.14 Second, recent times have witn
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constrain the costs of the current
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1.26 The regulation of social care
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1.34 We will be undertaking a wide
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on several occasions. 4 2.3 There a
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workers), some are largely self-emp
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(2) to guarantee minimum procedural
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(8) the instrument is scrutinised b
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subject to scrutiny by the Joint Co
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PUBLIC CONSULTATION 2.37 Consultati
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(1) that which is binding (such as
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2.54 The role of the Privy Council
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Page 42 and 43: (1) a report on the exercise of its
Page 44 and 45: earlier in this Part, Orders in Cou
Page 46 and 47: 2.87 But the retention of section 6
Page 48 and 49: safety and well-being of the public
Page 50 and 51: Provisional Proposal 2-18: The Gove
Page 52 and 53: 2.119 But we also consider it impor
Page 54 and 55: PART 3 MAIN DUTY AND GENERAL FUNCTI
Page 56 and 57: asset”. 10 The courts have also r
Page 58 and 59: practise is impaired. Thus, in maki
Page 60 and 61: interests of its members. Under our
Page 62 and 63: 3.36 In our view, the need for gene
Page 64 and 65: PART 4 GOVERNANCE 4.1 All of the re
Page 66 and 67: egulators would be placed directly
Page 68 and 69: powers to investigate and intervene
Page 70 and 71: 4.30 A regulator not included in ta
Page 72 and 73: Education and training 4.39 Most co
Page 74 and 75: must be lay or that there should be
Page 76 and 77: 4.57 The General Medical Council ha
Page 78 and 79: 4.66 Moreover, it is not evident th
Page 80 and 81: PART 5 REGISTERS 5.1 A key statutor
Page 82 and 83: 5.9 However, the significance of re
Page 84 and 85: 5.18 In effect, statutory powers wo
Page 86 and 87: 5.25 Finally, a small number of the
Page 88 and 89: Voluntary registers 5.33 Our provis
Page 92 and 93: through negligence on the part of a
Page 94 and 95: 5.61 We propose that the statute sh
Page 96 and 97: communicated, which have no formal
Page 98 and 99: the statute should impose the same
Page 100 and 101: 5.90 In some cases, the right to ap
Page 102 and 103: not complied with continuing profes
Page 104 and 105: could be made to provide better inf
Page 106 and 107: and provide links to information ab
Page 108 and 109: which practitioners have undertaken
Page 110 and 111: the Government in its guidance to d
Page 112 and 113: eing met by the local education pro
Page 114 and 115: 6.13 Second, our legal framework wo
Page 116 and 117: Medical Council must satisfy the re
Page 118 and 119: 6.31 The Health Professions Council
Page 120 and 121: (1) which qualifications are approv
Page 122 and 123: 6.48 Finally, there are a number of
Page 124 and 125: Good Medical Practice which covers
Page 126 and 127: and other optical appliances, such
Page 128 and 129: 6.72 We also believe that the new l
Page 130 and 131: looked at in detail only when conce
Page 132 and 133: professionals to remain registered
Page 134 and 135: Misconduct 7.6 Most of the governin
Page 136 and 137: (1) an order under section 246(2) o
Page 138 and 139: THE FITNESS TO PRACTISE FINDINGS 7.
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Option 2: consolidation of the exis
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(a) has in the past acted and/or is
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that many of the regulators have de
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PART 8 FITNESS TO PRACTISE: INVESTI
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language is not English. 7 However,
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of working around their legislative
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8.22 Some of the regulators, such a
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undertake this task, for example, i
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Assessments 8.37 Most regulators ha
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(1) an Investigation Committee whic
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THRESHOLD TEST 8.52 Having undertak
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egulators accept undertakings given
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hearings or other safeguards, espec
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epeated. Second, following an inves
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Provisional view 8.84 The current p
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PART 9 FITNESS TO PRACTISE: ADJUDIC
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of the individual circumstances of
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practise process to be considered i
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to set up and the new arrangements
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oversee their Panel appointment pro
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the regulators to ensure that Panel
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9.50 For most regulators the fitnes
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enable the regulators to deliver ma
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(3) a private hearing is necessary
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Question 9-16: Should the statute p
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and final sanction”. 63 We theref
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Question 9-22: Should the statute g
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found to be unfit to practise. 73 W
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accountable, consistent, transparen
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above. The Council for Healthcare R
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Provisional Proposal 9-32: The stat
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that the sanction is clearly inappr
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away from self-regulation in health
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may appoint employees and has a wid
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Provisional Proposal 10-3: Appointm
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general functions should be retaine
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the imposition of a relevant sancti
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independence of the new Medical Pra
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11.5 However, it may be that the co
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Act 1972. For example, the Medicine
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is fit to carry on such a business
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extend to all businesses or to all
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Council and Care Quality Commission
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in the 2011 White Paper Enabling Ex
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12.13 The Council for Healthcare Re
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12.23 We welcome views on the examp
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places a general duty to cooperate
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equired to give due consideration t
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professions are not subject to the
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attach to systemic failures to impl
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Order 1976. The definition of the U
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oute to UK registration. 30 The Gen
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13.39 The potential advantages of t
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(6) professional bodies that repres
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Provisional Proposal 4-2: The statu
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(5) the appointment of visitors and
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Provisional Proposal 8-13: The powe
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Provisional Proposal 10-3: Appointm
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PART 13: CROSS BORDER ISSUES Provis
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GENERAL SOCIAL CARE COUNCIL It shal
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(8) Standards Committee GENERAL OST
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(22) Licentiate in medicine and sur
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(68) Speech therapist NURSING AND M
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