The Health and Care Professions (Public Health Specialists and Miscellaneous Amendments) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order designates public health specialists as one of the professions regulated under the Health and Social Work Professions Order 2001(1) (“the principal Order”). A number of amendments have been made to the principal Order and related legislation as a result of this. There are also miscellaneous amendments to the principal Order contained in Part 2 of Schedule 1 to this Order.

Article 2 of this Order, deals with interpretation. Article 4(1) and (3) of, and Schedule 1 to, this Order make amendments to the principal Order.

Article 3 contains transitory and transitional provisions relating to the introduction of the registration of public health specialists by the Health and Care Professions Council (“HCPC”). These provide for arrangements between the Public Health Register (“PHR”), holders of the voluntary register for public health specialists and public health practitioners, and the HCPC, to facilitate the transfer of the PHR’s registrants (other than public health practitioners) to the HCPC register.

The effect of the amendments to the principal Order by this Order is that public health specialists must be registered in the register maintained under article 5 of the principal Order (HCPC register) in order to use the designated title “public health specialist” (see article 6(2) of the principal Order) unless an exception applies. The exceptions are set out in the new article 39(1C) (inserted by paragraph 2 of Schedule 1 to this Order). These are medical practitioners and dentists who are also public health specialists, and are accordingly registered with the General Medical Council (“GMC”) and General Dental Council (“GDC”), respectively. There are also exceptions in relation to registrants with the Nursing and Midwifery Council (“NMC”); the General Pharmaceutical Council (“GPhC”); the Pharmaceutical Society of Northern Ireland and the HCPC provided that the respective registers contain information (annotations) which indicate that these registrants have qualifications in, or competence to practise in, the role of a public health specialist.

Article 4(4) and Schedule 2 to this Order make amendments to the Health Professions Council (Registration Appeals) Rules Order of Council 2003 (S.I. 2003/1579).

Part 1 of Schedule 1 contains amendments to the principal Order in respect of the regulation of the profession of public health specialists by the HCPC. Regulation by HCPC does not extend to public health practitioners, which includes those who have neither completed an appropriate course of training to qualify, nor acquired sufficient experience to be accredited by PHR, as a public health specialist but are registered on a voluntary basis with the PHR as public health practitioners.

Paragraph 1 of Schedule 1 to this Order, amends article 13(1)(c) (transitional arrangements relating to admission to the register) of the principal Order. Persons who were not on the PHR register will, for a two year period, be able to seek registration with the HCPC on the basis of relevant practice, training and experience, even if their qualifications are not amongst those recognised by the HCPC, subject to their satisfying a test of competence, where appropriate.

Paragraph 2 of Schedule 1 to this Order amends article 39 (offences) of the principal Order to allow those exempted from registration as public health specialist with the HCPC to use the protected title of public health specialist without committing an offence provided that they satisfy the conditions for the exemption to apply.

Paragraph 3 of Schedule to this Order amends Schedule 1 to the principal Order (membership: general) to exclude any registrant with the PHR from becoming a lay member of Council.

Paragraph 4 of Schedule 1 to this Order amends Schedule 3 to the principal Order (interpretation). The definition of “relevant profession” is expanded to include public health specialist. The “PHR register” is defined to exclude public health practitioners who will not be regulated healthcare professionals.

As a consequence of public health specialists becoming a regulated profession, paragraphs 5 and 6 of Schedule 1 make other consequential amendments. Under paragraph 5, a new part is added to the HCPC register for public health specialists. Under paragraph 6, the HCPC is designated as the authority responsible for processing applications for entry into Part 17 of the HCPC register from migrants having similar qualifications recognised in the European Economic Area or Switzerland and for authorising those migrants to practise in the United Kingdom in accordance with Council Directive 2005/36/EC on a second general system for the recognition of professional education and training, as amended and extended.

Part 2 of Schedule 1 amends articles 30 and 37 of the principal Order. Article 30(1) is amended to clarify that the Health Committee or the Conduct and Competence Committee on review of, a suspension order or a conditions of practice order may, subject to articles 29(6) and (7), make any order falling within article 29(5). It also amends paragraph (4) to clarify the position in respect of reviews of such orders which are undertaken on the application of the person concerned or where the Committee, at any time, considers the review is necessary. Article 37 is amended so as to remove the requirement for a Council member to chair the Appeals Panel and to remove the requirement for this Panel to include a registered medical practitioner where the health of a registrant is in issue. Paragraphs 2 to 4 of Schedule 2 make technical amendments to the Health Professions Council (Registration Appeals) Rules Order of Council 2003(2). It amends the name of that Order and its citation following the renaming of the HPC as the HCPC following the commencement, on 1st August 2012, of section 214 of the Health and Social Care Act 2012 (c. 7).