CLEAR 2008 Annual Conference Anchorage, Alaska “Developments in EU & UK professional regulation” Marc Seale Chief Executive Health Professions Council
Mar 30, 2015
CLEAR 2008 Annual Conference
Anchorage, Alaska
“Developments in EU & UK professional
regulation”
Marc Seale
Chief Executive
Health Professions Council
CLEAR 2008 Annual ConferenceAnchorage, Alaska
Contents
I. Introduction
II. Tuning
III. Temporary Registration
IV. Governance & Disciplinary changes
V. Conclusions
CLEAR 2008 Annual ConferenceAnchorage, Alaska
Introduction
I. Health Professions Council
II. The European Union
III. Freedom of movement
CLEAR 2008 Annual ConferenceAnchorage, Alaska
Health Professions Council
• UK Statutory regulator– Independent of government– Self financing with 120 employees
• 13 professions 180,000 professionals
• Fully integrated business model– Education, standards, tribunals & validation
• 200 international applications per month
The European Union & EEA
CLEAR 2008 Annual ConferenceAnchorage, Alaska
CLEAR 2008 Annual ConferenceAnchorage, Alaska
European Union
• Countries 27
• Population 490 million
• Land mass 21 million square miles
• GDP $14 trillion
• Languages 35 main languages
CLEAR 2008 Annual ConferenceAnchorage, Alaska
EU Principles of free movement
• Goods
• Services
• Capital
• Persons– Establishment
CLEAR 2008 Annual ConferenceAnchorage, Alaska
Tuning
I. Bologna
II. Tuning
III. Implications
CLEAR 2008 Annual ConferenceAnchorage, Alaska
Bologna Process
• Bologna Declaration 19 June 1999
• Concerned with structures & contents of HEI & NOT education systems
• Aims to remove impediments to student mobility across Europe
• Aim to create a “European Higher Education Area” (EHEA) by 2010
CLEAR 2008 Annual ConferenceAnchorage, Alaska
Objectives - Bologna Processes
• Establish common higher education structures across Europe
• Common structures of thee cycles1) Undergraduate
2) Post graduate
3) Doctoral
• Enhance attractiveness of European higher education worldwide
CLEAR 2008 Annual ConferenceAnchorage, Alaska
Tuning
• Tuning is the process to implement the Bologna Declaration
• Seeking to create a standard process
• Facilitates the European Credit Transfer & Accumulation System (ECTS)– Aids student mobility
CLEAR 2008 Annual ConferenceAnchorage, Alaska
The Tuning Process
• Develop “Reference Points” at subject area level– Make programmes comparable, compatible &
transparent– “Reference points” are expressed in terms of
“learning outcomes” & “competences”
• Competences– Generic– Subject specific
CLEAR 2008 Annual ConferenceAnchorage, Alaska
30 Generic Competences
1 Capacity for analysis and synthesis
2 Capacity for applying knowledge in practice
3 Planning and time management
4 Basic general knowledge in the field of study
6 Grounding in basic knowledge of the profession in practice
……………………………………
17 Teamwork
18 Interpersonal skills
19 Leadership
20 Ability to work in an interdisciplinary team
21 Ability to communicate with non-experts (in the field)
CLEAR 2008 Annual ConferenceAnchorage, Alaska
The Tuning Process (contd.)
• 29 subject areas completed
• Healthcare– Occupational Therapy, Medicine, Nursing and
Radiotherapy
• Others– Architecture, Civil Engineering & Law
CLEAR 2008 Annual ConferenceAnchorage, Alaska
International Developments
• Tuning Latin America Project– 19 countries involved– 12 subject areas
CLEAR 2008 Annual ConferenceAnchorage, Alaska
Implications
• Will Tuning trigger the creation of unified global standards?
• Can comparisons be drawn from the development of international accounting standards?
CLEAR 2008 Annual ConferenceAnchorage, Alaska
References
• http://ec.europa.eu/education/policies/educ/bologna/bologna_en.html
• www.rug.nl/let/tuningeu
• http://tuning.unideusto.org/tuningeu
CLEAR 2008 Annual ConferenceAnchorage, Alaska
Temporary Registration
I. Legislation
II. Principles
III. Temporary Registration
IV. Renewal of Registration
V. HPC internal Processes
VI. Implications
CLEAR 2008 Annual ConferenceAnchorage, Alaska
DIRECTIVE 2005/36/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL7 September 2005
FREE PROVISION OF SERVICES - Article 5
Principle of the free provision of services
1. Without prejudice to specific provisions of Community law, as
well as to Articles 6 and 7 of this Directive, Member States shall not
restrict, for any reason relating to professional qualifications, the free
provision of services in another Member State
2. The provisions of this title shall only apply where the service
provider moves to the territory of the host Member State to pursue,
on a temporary and occasional basis, the profession referred to in
paragraph 1
The temporary and occasional nature of the provision of services shall
be assessed case by case, in particular in relation to its duration, its
frequency, its regularity and its continuity
CLEAR 2008 Annual ConferenceAnchorage, Alaska
Principles
• Recognition of professional qualifications
• 20 October 2007
• Temporary & Occasional– Not defend in legislation
• EEA & Switzerland
• Can only use Member State professional title– Fizjoterapeuta for physiotherapist in Polish
CLEAR 2008 Annual ConferenceAnchorage, Alaska
Temporary Registration
• Applicant must provide– Proof of Nationality or citizenship– Legal establishment or 2 years experience– Professional qualification
• Decision within one month
• No fee for one year’s registration
• No testing of language
CLEAR 2008 Annual ConferenceAnchorage, Alaska
Renewal of Registration
• Must renew after 10 months– If not automatic removal
• Certificate of current professional status– Only if regulated in home state
• Change of address required
CLEAR 2008 Annual ConferenceAnchorage, Alaska
HPC’s Internal Processes
• Created a separate register
• Register of visiting European health professionals– http://www.hpc-uk.org/assets/documents/
10001DD2HPC_Temporary_Register.pdfB
• 21 successful applicants
• 2 rejected
CLEAR 2008 Annual ConferenceAnchorage, Alaska
Implications
• Licensing & Regulation can be viewed as an impediment to competition & not in the interest of consumers
• EU process may serve as a working example for other legislators of how process can work
CLEAR 2008 Annual ConferenceAnchorage, Alaska
References
• www.hpc-uk.org/apply
• http://ec.europa.eu/internal_market/qualifications/future_en.htm
• http://www.dcsf.gov.uk/europeopen/eutouk/eutouk_search_form.shtml
CLEAR 2008 Annual ConferenceAnchorage, Alaska
UK Developments
I. Governance & other issues
II. OHPA
CLEAR 2008 Annual ConferenceAnchorage, Alaska
Nine UK regulators
• General Chiropractic Council
• General Dental Council
• General Medical Council
• General Optical Council
• General Osteopathic Council
• Health Professions Council
• Nursing and Midwifery Council
• Pharmaceutical Society of NI
• Royal Pharmaceutical Society of GB
CLEAR 2008 Annual ConferenceAnchorage, Alaska
Governance & other issues
• Remove regulator role from the pharmacist professional body (RPSGB) to new independent organisation
• Criminal to Civil standards– Nurses, Doctors & Opticians
• Revalidation– Doctors– Others
CLEAR 2008 Annual ConferenceAnchorage, Alaska
Governance & other issues
• Governing bodies– Smaller– Strategic focus– 50:50 professional : public membership– Election of members to be scrapped and
replaced by an appointments process– Appointed President– Members to be excluded from Tribunals
• Major review 2011
CLEAR 2008 Annual ConferenceAnchorage, Alaska
OHPA
• Office of Health Professions Adjudicator (OHPA)
• Establish new organisation
• Adjudication of medical fitness to practise cases
• Business model not defined
• Funded by GMC
• Mission creep
CLEAR 2008 Annual ConferenceAnchorage, Alaska
References
• http://www.dh.gov.uk/en/Publicationsandstatistics/Legislation/Actsandbills/HealthandSocialCareBill/index.htm
• http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_065946
CLEAR 2008 Annual ConferenceAnchorage, Alaska
Conclusions
• To what extent can these processes be transferred to other jurisdictions?
• www.hpc-uk.org