Update on Statutory Registration for Health & Social Care Professionals HETAC 5 th October 2009 Ginny Hanrahan CEO HSCPC

Aims of Professional Regulatory Interventions are:  To improve the quality of service user care  To set standards of competence for practise  To foster continuing education & development required for excellence over a lifetime of practise  To identify the competence of the individual practitioner  To reassure service users & the public about competence of those belonging to the health/social care professions (adapted from Sunderland & Leatherman 2006)

HSCPC’s duties are: “To PROTECT THE PUBLIC by promoting high standards of professional conduct and professional education, training and competence among registrants of the designated professions” (Section 7) Health & Social Care Professionals Act 2005 (HSPA 2005)

Professions governed under HSCPA 2005  Clinical Biochemists  Dietitians  Medical Scientists  Occupational Therapists  Orthoptists  Physiotherapists  Podiatrists  Psychologists  Radiographers Diagnostic and Radiation Therapists  Social Care Workers  Social Workers  Speech & Language Therapists  and any further professions scheduled by the MOHC PHECC (Pre Hosp Emergency Care Council) Opticians Board

Health & Social Care Professionals Council (CORU) Fitness to Practice CPDEducation Codes of Standards & Practice Registration Functions of the HSCPC

Registration Process  Current Practitioner WITH designated qualification  Evidence of Qualification Professional experience/ proficiency Conduct and health clearance Identity  Current Practitioner WITHOUT designated qualification As described Grandparenting only 2 years after register opens Assessment Mechanism to be set by Registration Board

Special Provisions under the HSCPA 2005 for Social Care Workers  Grandparenting – Person without the recognised qualification who has been working for 5 years ending on specified date and who  -applies during the transitional period to that board for registration

Special Provisions under the HSCPA 2005 for Social Care Workers  -has been engaged in the continuous practice of that profession for a period of not less than 2 years immediately preceding the date of the application  is, in the written opinion of the person’s employer, competent in the practice of that profession

Fit & Proper Person  Registration Boards OBLIGED to ensure registrants have: High standard of professional education Competent in practice Maintains high standards of professional conduct & ethics Registrants must meet standards set by Registration Board and endorsed by Council

Standards of Education  Have power to approve or disapprove programmes of education and training for their graduates  Will review courses at least every 5 years with the Council’s approval  Disapproval of an educational programme can be appealed to the Minister  Statutory bye laws will have to be established

New Courses that meet or exceed standards with graduates since 2005  Will be addressed by the Professionals Registration Board through bye law who can review courses not listed on Schedule 3  HETAC delivering standards of education and professional training for all courses

FITNESS TO PRACTISE MUST BE A REGISTRANT TO BE REVIEWED BY FITNESS TO PRACTISE

Fitness to Practise Grounds for Complaints Poor Professional Performance = any failure of the registrant to meet the standards of competence Professional Misconduct = breach of code of professional conduct and ethics Health Issues = lack of insight or inability to carry out work safely due to health issues Failure to Comply with Legislation “ a Conviction …. for an offence triable on indictment”

Dealing with complaints “Fitness to Practise”  PRELIMINARY PROCEEDINGS COMMITTEE 3 people – independent chair, another person from same profession and HSCPC registrant other profession  AIM To assess if there is a case to answer Should the complaint be dealt with by mediation? no complaint to answer– complete proceedings

Case to Answer  PROFESSIONAL CONDUCT COMMITTEE  Held in Public ******************** Majority of committee = registrants 1/3 rd persons other than registrants including public representatives  HEALTH COMMITTEE  Not Held in Public  Medical Adviser ****************  At least one member who is registrant of same designated profession to whom the case relates  not member of preliminary proceedings committee

Conclusions to Cases  Immediate suspension of registration is necessary to protect the public (to High Court)  Registrant consents to censure or remedial action  Complaint is withdrawn

Case proven  Report to Council recommending disciplinary action -restrictions on practise, -suspension -cancellation -prohibition from restoration to register  APPLICATION TO HIGH COURT FOR CANCELLATION OF REGISTRATION Registrant can appeal to the High Court

Expected Complaints based on International norms  International norm for complaints 3: % of complaints ends up in a case to answer  Estimate for HSCPC complaint numbers based on 3: ,000 registrants – 54/18,000 = 0.003% 65% = 35/18,000 cases to answer = %

“In the middle of difficulty lies opportunity.” Albert Einstein