Regulation of Health and Social Care Professionals Consultation

through negligence on the part of a registered health care professional, the
patient or client should receive any redress to which they are entitled, and the
mechanism through which this will be achieved is to require all professionals to
hold indemnity or insurance either in their own right or through their employers as
a condition of registration. 38 This requirement will not apply to social workers. It is
understood that draft legislation will be consulted on in due course and will give
the regulators enabling powers to make appropriate rules and regulations.
5.52 Some regulators also require applicants to demonstrate that they have “adequate
practical experience” or that the applicant intends to practise in Great Britain, the
Channel Islands or the Isle of Man. 39 Some regulators have powers to impose
additional educational, training requirements or work experience on certain
applicants, for example if they have not practised or have not practised for a
certain period of time. 40
Conditional registration
5.53 Most of the governing legislation deals with conditional registration by giving the
Fitness to Practise Panel or similar committee powers to require that registration
is conditional on the person concerned complying with certain requirements.
However, both the General Chiropractic Council and General Osteopathic
Council have alternative systems whereby the applicant is entitled to be
registered conditionally if they satisfy certain criteria which includes that the
applicant has worked at least four years as a practitioner, passed a prescribed
test of competence and given the required undertaking. 41
Renewal of registration
5.54 Some of the regulators have slightly different requirements for initial registration
and the renewal of registration. These often relate to the requirements for
continuing professional development. In addition, as noted previously, some
regulators also allow for self-declaration of good health at renewal but not initial
registration. But not all regulators have a formal renewal process. For example,
the General Medical Council requires only the payment of a yearly fee for a
doctor’s registration and licence to practise to be retained. Renewal of
registration is discussed in more detail in Part 6.
Proceeding from provisional to full registration
5.55 Currently, when doctors apply to proceed from provisional to full registration, the
General Medical Council can only grant registration if their fitness to practise is
not impaired. If investigations are taking place, full registration may still be
granted without prejudice to the outcome of those investigations. But if the
38 Department of Health and others, Response to the Independent Review of the
Requirement to have Indemnity or Insurance as a Condition of Registration as a
Healthcare Professional (2010). Also see, F Scott, Independent Review of the
Requirement to have Indemnity or Insurance as a Condition of Registration as a
Healthcare Professional (2010).
39 Opticians Act 1989, s 8(1)(b) and Pharmaceutical Order 2010, SI 2010 No 231, art 20(3).
40 For example, Health Professions Order 2001, SI 2002 No 254, art 19(3).
41 Chiropractors Act 1994, ss 3 and 4 and Osteopaths Act 1993 ss 3 and 4.
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