Regulation of Health and Social Care Professionals Consultation

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