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 Contents I.Introduction II.Tuning III.Temporary Registration IV.Governance & Disciplinary changes V.Conclusions

CLEAR 2008 Annual Conference Anchorage, Alaska Introduction I.Health Professions Council II.The European Union III.Freedom of movement

CLEAR 2008 Annual Conference Anchorage, 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 Conference Anchorage, Alaska

CLEAR 2008 Annual Conference Anchorage, Alaska European Union Countries27 Population490 million Land mass21 million square miles GDP$14 trillion Languages35 main languages

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

CLEAR 2008 Annual Conference Anchorage, Alaska Tuning I.Bologna II.Tuning III.Implications

CLEAR 2008 Annual Conference Anchorage, 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 Conference Anchorage, Alaska Objectives - Bologna Processes Establish common higher education structures across Europe Common structures of thee cycles 1)Undergraduate 2)Post graduate 3)Doctoral Enhance attractiveness of European higher education worldwide

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

CLEAR 2008 Annual Conference Anchorage, 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 Conference Anchorage, Alaska References c/bologna/bologna_en.htmlhttp://ec.europa.eu/education/policies/edu c/bologna/bologna_en.html

CLEAR 2008 Annual Conference Anchorage, Alaska Temporary Registration I.Legislation II.Principles III.Temporary Registration IV.Renewal of Registration V.HPC internal Processes VI.Implications

CLEAR 2008 Annual Conference Anchorage, Alaska DIRECTIVE 2005/36/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 7 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 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 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 years registration No testing of language

CLEAR 2008 Annual Conference Anchorage, 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 Conference Anchorage, Alaska HPCs Internal Processes Created a separate register Register of visiting European health professionals – uk.org/assets/documents/10001DD2HPC_Te mporary_Register.pdfB 21 successful applicants 2 rejected

CLEAR 2008 Annual Conference Anchorage, 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 Conference Anchorage, Alaska References ations/future_en.htmhttp://ec.europa.eu/internal_market/qualific ations/future_en.htm /eutouk_search_form.shtmlhttp:// /eutouk_search_form.shtml

CLEAR 2008 Annual Conference Anchorage, Alaska UK Developments I.Governance & other issues II.OHPA

CLEAR 2008 Annual Conference Anchorage, 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 Conference Anchorage, 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 Conference Anchorage, 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 Conference Anchorage, 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 Conference Anchorage, Alaska References atistics/Legislation/Actsandbills/Healthand SocialCareBill/index.htmhttp:// atistics/Legislation/Actsandbills/Healthand SocialCareBill/index.htm atistics/Publications/PublicationsPolicyAnd Guidance/DH_065946http:// atistics/Publications/PublicationsPolicyAnd Guidance/DH_065946

CLEAR 2008 Annual Conference Anchorage, Alaska Conclusions To what extent can these processes be transferred to other jurisdictions?