Consultation on the Health Professions Council (Practice Committees (Constitution) and Miscellaneous Amendments) Rules 2009

20/02/2009 - 13/04/2009

This consultation has now closed. You can download a copy of the consultation document and the consultation responses document below.

We are consulting on the Health Professions Council (Practice Committees (Constitution) and Miscellaneous Amendments) Rules 2009.

These Rules make proposed changes to the constitution of the Conduct and Competence, Investigating and Health Committees (known collectively as the ‘Practice Committees’). They also make some minor amendments to other Rules.

These Rules are in preparation for The Health Care and Associated Professions (Miscellaneous Amendments) Order 2009 which will shortly be laid before the Scottish and UK parliaments. Subject to approval by both parliaments, this Order will amend the Health Professions Order 2001, including making the changes necessary to bring practitioner psychologists into statutory regulation by the Health Professions Council.

About the proposed Rules

• Practice Committees

As currently drafted, the Health Professions Order 2001 and the Rules of the Practice Committees made under it provide for three statutory fitness to practise committees:

• The Investigating Committee deals with matters relating to the investigation of cases.
• The Conduct and Competence Committee deals with matters related to allegations about misconduct, lack of competence and convictions / cautions.  
• The Health Committee deals with matters related to allegations about physical or mental health.

Each Committee consists of lay and registrant Council members and currently performs a strategic oversight role of the fitness to practise process.

Fitness to practise cases are heard by panels of the Committee, constituted by ‘partners’ called ‘panel members’. These are registrants and lay people who act on our behalf and make decisions about fitness to practise cases.

There is therefore a difference between the strategic role and the operational role of these Committees.

The changes being made to the Health Professions Order 2001 by the Department of Health would mean that the Committees would no longer have a strategic oversight role, but will continue to meet in panels to consider fitness to practise allegations. The proposed amendments to the Rules reflect that change.

This proposed change is in line with government policy to provide greater flexibility for the governance arrangements of the regulators. In particular, this change means that the HPC Council can consider setting up a single fitness to practise committee to perform a strategic oversight role over the functions of the Practice Committees.

• Disqualification, termination and suspension of membership

Part 3 of the proposed Rules include provisions for the disqualification, termination and suspension of members of the Practice Committees.

These changes are in line with the provisions in the current Department of Health consultation on The Health Professions Council (Constitution) Order 2009. This draft Order outlines the constitution of the HPC Council.

• Miscellaneous amendments

Part 4 of the draft Rules makes some minor miscellaneous amendments.

These include amendments necessary in light of the forthcoming legislation which (subject to parliamentary approval) will bring practitioner psychologists into statutory regulation by the HPC.

Further information

The draft rules amend and/or revoke a number of existing Rules. Please see our website for our existing Rules:

www.hpc-uk.org/publications/ruleslegislation/

The Department of Health are currently consulting on The Health Professions Council (Constitution) Order 2009. A copy of the consultation document can be downloaded from the Department of Health website:

http://www.dh.gov.uk/en/Consultations/index.htm

We would welcome your comments on the draft Rules.

We normally consult for three months in accordance with guidance set out in the

HM Government Code of Practice on Consultation. However, given the very limited and constrained nature of the changes proposed, we are consulting for a shorter period. This will mean that (subject to the results of the consultation) the

Rules can come into force (subject to parliamentary approval) at or around the same time as The Health care and Associated Professions (Miscellaneous Amendments) Order 2009.

This consultation runs until Monday 13 April 2009.

This document is available for download below and is available in hard copy on request.

If you would like to respond to this consultation, please send your written response to:

Practice Committee Constitution Rules Consultation

Policy and Standards Department

Health Professions Council

Park House

184 Kennington Park Road

London

SE11 4BU

You can also email consultation@hpc-uk.org or send your response by fax to +44 (0) 20 7582 0866.

At the end of the consultation period we will publish a summary of the responses we receive and the decisions we have taken as a result on our website.

Type: HPC

	Related Documents
	Practice Committee Rules 2009 Adobe PDF Document 104kb Practice Committee constitution rules - consultation responses Adobe PDF Document 93kb