Regulation of Health and Social Care Professionals Consultation

5.61 We propose that the statute should require simply that in order to be registered
the applicant must be fit to practise. A person’s health or character would only be
relevant if this impairs their fitness to practise. This proposal would not mean that
the regulators would be prohibited from setting registration requirements relating
to health and character, but it would mean that any such requirements must be
for the purpose of ensuring that the registrant is fit to practise. However, this
proposal would mean an end to the requirement of full health reports for
registration. A regulator would still have powers to require such a report, but only
if it has concerns about the applicant’s fitness to practise.
5.62 However, we welcome views on whether the statute should provide, in addition to
the educational and clinical measures of competence, for some criterion that an
applicant is a “fit and proper person” to exercise the responsibilities of their
profession. Under this approach, it could be left to the regulators to set in rules
the different criteria that would be required in this respect.
5.63 Third, we propose that the statute should require that the applicant must be
covered by adequate indemnity or insurance (except for social workers). This
reflects the requirements of the relevant draft EU Directive which is due to be
implemented in 2013 (see above). Finally, the regulators would be required to
specify a prescribed fee for the various forms of registration. The precise details
of the indemnity or insurance arrangements and the level of fees would be left to
the regulators to determine.
5.64 In summary, we provisionally propose that the statute should specify that in order
to be registered on a full l or temporary basis the applicant must:
(1) be appropriately qualified (including any additional requirements relating
to education, training and experience);
(2) be fit to practise;
(3) have adequate indemnity or insurance arrangements (except social
workers); and
(4) have paid a prescribed fee.
5.65 The regulators would have broad rule-making powers to specify the precise detail
under each of these headings. Except for the requirement that the applicant is fit
to practise, the regulators would also be able to vary the details of the
requirements according to the type of registration. Thus, different forms of
qualifications could be specified for full and temporary registration. The regulators
could also establish different registration requirements where, for example, the
person does not hold a recognised qualification.
5.66 We do not propose to establish any separate criteria for conditional registration.
Under the new statute, conditional registration would be established at the initial
application stage by the regulator specifying that the applicant must meet
additional requirements or following registration as a result of a direction being
issued by a Fitness to Practise Panel or any other decision-maker empowered to
make such a decision (such as the Registrar).
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