Knocking on the Door of Regulation: Unregulated

Professions Seeking Regulation

Jonathan BrackenHealth Professions Council

(UK)

2006 Annual Conference

Alexandria, Virginia

Council on Licensure, Enforcement and Regulation

Expect the Unexpected: Are We Clearly Prepared?

Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia

Regulating New Professions in the UK

“Any new profession coming into statutory

regulation should be regulated by one of the existing regulatory bodies, most likely the HPC”

Review of the Regulation of the Non-Medical Healthcare Professions

UK Department of Health, July 2006

Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia

Who is knocking?

1. established professions - those which are currently regulated on a voluntary basis

2. evolving professions - those whose role is changing to involve greater patient contact, clinical autonomy or input into care decisions

3. new professions - those emerging from changes in health care delivery.

Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia

Section 60 Orders

Section 60 of the Health Act 1999 enables the UK Government, by Order in Council, to:

– modify the regulation of professions covered by the:

•Pharmacy Act 1954•Medical Act 1983•Dentists Act 1984•Opticians Act 1989•Osteopaths Act 1993•Chiropractors Act 1994•Nursing and Midwifery Order 2001•Health Professions Order 2001

– regulate any other profession concerned with the physical or mental health of individuals

Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia

Health Professions Order 2001

Article 3(17)

The Council may—

a. make recommendations to the Secretary of State concerning any profession which in its opinion should be regulated pursuant to section 60(1)(b) of the Health Act 1999; and

b. give such guidance as it sees fit, to such persons as seem to it to have an interest in such regulation, on the criteria to be taken into account in determining whether a profession should be so regulated.

Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia

The Assessment Criteria• Discrete area of activity

• Defined body of knowledge

• Evidence based practice

• One professional body representing most practitioners

• Voluntary register

• Defined entry routes to training

• Independently assessed qualifications

• Code of conduct applied to voluntary registrants

• Disciplinary processes applied to voluntary registrants

• Commitment to Continuing Professional Development.

Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia

The Process• Formal presentation of “scored” proposal to HPC

• HPC recommends regulation to the Health Secretary

• If accepted, the Department of Health will:

– consult on a draft Section 60 Order;– revise the Order in the light of consultation; and – lay it before Parliament for debate and approval

• Once approved, the Department and HPC will:

– preparing standards for the new profession; and– making any transitional or consequential legislative

changes

Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia

Speaker Contact Information

Jonathan Bracken

Health Professions CouncilPark House184 Kennington Park RoadLondon SE11 4BU

020 7227 7077

jonathanbracken@bdb-law.co.ukwww.hpc-uk.org