“Developments in EU & UK professional regulation”

1. “Developments in EU & UK professional regulation” Marc Seale Chief Executive Health Professions Council

2. Contents • Introduction • Tuning • Temporary Registration • Governance & Disciplinary changes • Conclusions CLEAR 2008 Annual Conference Anchorage, Alaska

3. Introduction • Health Professions Council • The European Union • Freedom of movement CLEAR 2008 Annual Conference Anchorage, Alaska

4. 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 CLEAR 2008 Annual Conference Anchorage, Alaska

5. The European Union & EEA CLEAR 2008 Annual Conference Anchorage, Alaska

6. European Union • Countries 27 • Population 490 million • Land mass 21 million square miles • GDP $14 trillion • Languages 35 main languages CLEAR 2008 Annual Conference Anchorage, Alaska

7. EU Principles of free movement • Goods • Services • Capital • Persons • Establishment CLEAR 2008 Annual Conference Anchorage, Alaska

8. Tuning • Bologna • Tuning • Implications CLEAR 2008 Annual Conference Anchorage, Alaska

9. 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 Conference Anchorage, Alaska

10. Objectives - Bologna Processes • Establish common higher education structures across Europe • Common structures of thee cycles • Undergraduate • Post graduate • Doctoral • Enhance attractiveness of European higher education worldwide CLEAR 2008 Annual Conference Anchorage, Alaska

11. 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 Conference Anchorage, Alaska

12. 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 Conference Anchorage, Alaska

13. 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 Conference Anchorage, Alaska

14. The Tuning Process (contd.) • 29 subject areas completed • Healthcare • Occupational Therapy, Medicine, Nursing and Radiotherapy • Others • Architecture, Civil Engineering & Law CLEAR 2008 Annual Conference Anchorage, Alaska

15. International Developments • Tuning Latin America Project • 19 countries involved • 12 subject areas CLEAR 2008 Annual Conference Anchorage, Alaska

16. Implications • Will Tuning trigger the creation of unified global standards? • Can comparisons be drawn from the development of international accounting standards? CLEAR 2008 Annual Conference Anchorage, Alaska

17. 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 Conference Anchorage, Alaska

18. Temporary Registration • Legislation • Principles • Temporary Registration • Renewal of Registration • HPC internal Processes • Implications CLEAR 2008 Annual Conference Anchorage, Alaska

19. 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 Conference Anchorage, Alaska

20. 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 Conference Anchorage, Alaska

21. 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 Conference Anchorage, Alaska

22. 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 Conference Anchorage, Alaska

23. 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 Conference Anchorage, Alaska

24. 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 Conference Anchorage, Alaska

25. 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 Conference Anchorage, Alaska

26. UK Developments • Governance & other issues • OHPA CLEAR 2008 Annual Conference Anchorage, Alaska

27. 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 Conference Anchorage, Alaska

28. 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 Conference Anchorage, Alaska

29. 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 Conference Anchorage, Alaska

30. 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 Conference Anchorage, Alaska

31. 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 Conference Anchorage, Alaska

32. Conclusions • To what extent can these processes be transferred to other jurisdictions? • marc.seale@hpc-uk.org • www.hpc-uk.org CLEAR 2008 Annual Conference Anchorage, Alaska