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CLEAR 2008 Annual Conference Anchorage, Alaska “Developments in EU & UK professional regulation” Marc Seale Chief Executive Health Professions Council
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CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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Page 1: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

CLEAR 2008 Annual Conference

Anchorage, Alaska

“Developments in EU & UK professional

regulation”

Marc Seale

Chief Executive

Health Professions Council

Page 2: 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

Page 3: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

CLEAR 2008 Annual ConferenceAnchorage, Alaska

Introduction

I. Health Professions Council

II. The European Union

III. Freedom of movement

Page 4: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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

Page 5: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

The European Union & EEA

CLEAR 2008 Annual ConferenceAnchorage, Alaska

Page 6: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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

Page 7: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

CLEAR 2008 Annual ConferenceAnchorage, Alaska

EU Principles of free movement

• Goods

• Services

• Capital

• Persons– Establishment

Page 8: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

CLEAR 2008 Annual ConferenceAnchorage, Alaska

Tuning

I. Bologna

II. Tuning

III. Implications

Page 9: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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

Page 10: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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

Page 11: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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

Page 12: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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

Page 13: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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)

Page 14: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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

Page 15: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

CLEAR 2008 Annual ConferenceAnchorage, Alaska

International Developments

• Tuning Latin America Project– 19 countries involved– 12 subject areas

Page 16: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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?

Page 17: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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

Page 18: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

CLEAR 2008 Annual ConferenceAnchorage, Alaska

Temporary Registration

I. Legislation

II. Principles

III. Temporary Registration

IV. Renewal of Registration

V. HPC internal Processes

VI. Implications

Page 19: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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

Page 20: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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

Page 21: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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

Page 22: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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

Page 23: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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

Page 24: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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

Page 25: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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

Page 26: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

CLEAR 2008 Annual ConferenceAnchorage, Alaska

UK Developments

I. Governance & other issues

II. OHPA

Page 27: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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

Page 28: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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

Page 29: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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

Page 30: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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

Page 31: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

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

Page 32: CLEAR 2008 Annual Conference Anchorage, Alaska Developments in EU & UK professional regulation Marc Seale Chief Executive Health Professions Council.

CLEAR 2008 Annual ConferenceAnchorage, Alaska

Conclusions

• To what extent can these processes be transferred to other jurisdictions?

[email protected]

• www.hpc-uk.org