The General Chiropractic Council (Registration of Chiropractors with United Kingdom Qualifications that are not Recognised Qualifications) Rules Order of Council 2009

Statutory Instruments

2009 No. 27

Health Care And Associated Professions

Chiropractors

The General Chiropractic Council (Registration of Chiropractors with United Kingdom Qualifications that are not Recognised Qualifications) Rules Order of Council 2009

Made

9th January 2009

Laid before Parliament

15th January 2009

Coming into force

9th February 2009

The General Chiropractic Council has made the General Chiropractic Council (Registration of Chiropractors with United Kingdom Qualifications that are not Recognised Qualifications) Rules 2009, which are set out in the Schedule to this Order, in exercise of the powers conferred by sections 3(6A), 6(2) to (4) and 35(2) of the Chiropractors Act 1994(1).

By virtue of section 35(1) of that Act, such Rules shall not come into force until approved by Order of the Privy Council.

Their Lordships, having taken these Rules into consideration, are pleased to and do approve them.

This Order may be cited as the General Chiropractic Council (Registration of Chiropractors with United Kingdom Qualifications that are not Recognised Qualifications) Rules Order of Council 2009 and shall come into force on 9th February 2009.

Judith Simpson

Clerk of the Privy Council

SCHEDULE The General Chiropractic Council (Registration of Chiropractors with United Kingdom Qualifications that are not Recognised Qualifications) Rules 2009

The General Chiropractic Council makes the following Rules in exercise of the powers conferred by sections 3(6A), 6(2) to (4) and 35(2) of the Chiropractors Act 1994.

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the General Chiropractic Council (Registration of Chiropractors with United Kingdom Qualifications that are not Recognised Qualifications) Rules 2009 and shall come into force on 9th February 2009.

(2) In these Rules—

“the 1999 Rules” means the General Chiropractic Council (Registration) Rules 1999(2);

“the Act” means the Chiropractors Act 1994;

“applicant” means an applicant for registration as a fully registered chiropractor; and

“relevant unrecognised UK qualification” means a qualification in chiropractic granted by an institution in the United Kingdom before 15th June 2001 which is not a recognised qualification.

Particulars in the register

2.  Where a person is registered as a fully registered chiropractor by virtue of these Rules, the register shall contain a note to that effect, in addition (so far as relevant) to the matters referred to in rule 3(1) of the 1999 Rules (form of register).

Treatment of an applicant with a relevant unrecognised UK qualification

3.  The Registrar shall, in considering an application by an applicant who has a relevant unrecognised UK qualification, treat the applicant as having a recognised qualification upon being satisfied that the applicant—

(a) obtained a qualification in chiropractic in the United Kingdom before 15th June 2001;

(b) practised as a chiropractor before 15th June 2001;

(c) has not practised as a chiropractor in the United Kingdom on or after 15th June 2001;

(d) has a good reason for not having made a successful application for registration during the transitional period; and

(e) is capable of the competent and safe practice of chiropractic.

Test of competence

4.—(1) For the purpose of determining whether an applicant is capable of the competent and safe practice of chiropractic, in order to be satisfied as required by rule 3(e), the Registrar shall require the applicant to take a test of competence.

(2) The test of competence shall comprise a written or oral test (or both) covering the following subjects (or such part of them as the Registrar considers appropriate) for the purposes of determining whether the applicant is capable of the competent and safe practice of chiropractic in relation to them—

(a) knowledge and understanding of the ethical basis and holistic nature of the practice of chiropractic;

(b) medical and scientific knowledge relevant to the practice of chiropractic;

(c) clinical assessment, including physical examination before and during treatment, interview and case history;

(d) diagnosis and clinical opinion;

(e) the selection of appropriate treatment;

(f) the delivery of treatment and evaluation of the response to treatment;

(g) the giving of advice concerning treatment, treatment dependence, minimisation of recurrence or the need for further treatment, and related matters;

(h) obtaining consent to treatment;

(i) communication with other chiropractors, general medical practitioners and other health professionals, including assessment of the need for second opinions or for referrals; and

(j) record keeping.

(3) The test of competence may if the Registrar so requires include a test requiring a practical demonstration by the applicant.

(4) The test of competence shall be conducted by examiners appointed by the General Council, who shall—

(a) be fully registered chiropractors of not less than 5 years’ experience; and

(b) either—

(i) have successfully completed a course of training approved by the General Council in the methods of assessing a person undergoing a test of competence under this rule or under rule 6 of the General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules 2002(3) (required standard of proficiency), or

(ii) have been appointed as an examiner under paragraph (4) of that rule.

Applications

5.—(1) The 1999 Rules (including the provisions relating to the payment of fees) shall apply to an application for registration under these Rules, except that the application shall be in such form, and accompanied by such documents, evidence (including evidence of a relevant unrecognised UK qualification) and other particulars as the Registrar shall specify.

(2) Any application for registration under these Rules made on or after 1st January 2011 must be refused.

Given under the official seal of the General Chiropractic Council this 7th day of January 2009

Linda Stone

Member

Michael Kondracki

Member

EXPLANATORY NOTE

(This note is not part of the Order)

This Order approves Rules of the General Chiropractic Council (GCC) in respect of registration on the basis of qualifications awarded by institutions in the United Kingdom prior to 15th June 2001, where an applicant practised as a chiropractor before 15th June 2001, has not practised as a chiropractor in the United Kingdom on or after 15th June 2001, has a good reason for not having made a successful application for registration during the transitional period after the statutory register held by the GCC was opened, and is capable of the competent and safe practice of chiropractic.

Rule 1 contains introductory provisions. Rule 2 provides that, where a person has registered under these Rules, the register shall contain a note to that effect. Rule 3 sets out the matters on which the Registrar must be satisfied in order that the applicant’s relevant unrecognised UK qualification can be treated as a recognised qualification. Rule 4 contains a requirement that an applicant must take a test of competence in order to satisfy the Registrar that they are capable of the competent and safe practice of chiropractic – and further makes provision for the scope of the test and for the appointment of examiners. Rule 5 contains provisions about the form of an application for registration, which is to be specified by the Registrar of the GCC but which must be made before 1st January 2011.

(1)

1994 c.17; section 3(6A) was inserted by, and section 35(2) was amended by, S.I. 2008/1774.

(2)

Scheduled to S.I. 1999/1886.

(3)

S.I. 2002/2704.