Update on Statutory Registration for Health & Social Care Professionals

HETAC 5th October 2009Ginny 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

CPD Education

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 ComplaintsPoor 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

1/3rd 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 REGISTRATIONRegistrant can appeal to the High Court

Expected Complaints based on International norms

International norm for complaints 3:1000 65% of complaints ends up in a case to answer

Estimate for HSCPC complaint numbers based on 3:1000 18,000 registrants – 54/18,000 = 0.003% 65% = 35/18,000 cases to answer = 0.0019%

“In the middle of difficulty lies opportunity.”

Albert Einstein

ginnyhanrahan@hscpc.ie