Pre and post employment checks: NHSScotland PIN policy

This Partnership Information Network (PIN) policy sets a minimum standard for the undertaking of checking procedures required for the entry of all posts in NHSScotland.


Appendix 3

Annex A: Statutory Regulatory Bodies Operating in Scotland and the Professions they Regulate

There are eight Regulatory Bodies responsible for regulating healthcare professionals across the UK. These are listed below along with the professions they regulate.

Regulatory Body Contact Details Professions Regulated Language Requirements for international graduates (non-EEA)
General Chiropractic Council

44 Wicklow Street
London
WC1X 9HL

www.gcc-uk.org

0207 713 5155

  • Chiropractors
There is no separate language test, but language communications skills are part of core competency test at point of registration.
General Dental Council

37 Wimpole Street
London
W1G 8DQ

www.gdc-uk.org

0845 222 4141

  • Dentists
  • Dental nurses
  • Dental technicians
  • Clinical dental technicians
  • Dental hygienists
  • Dental therapists
  • Orthodontic therapists
For the Overseas Registration Examination, the GDC requires a minimum overall score of 7.0 and with a score of no less than 6.5 in any of the individual sections, in the academic International English Language Testing System (IELTS) test. The IELTS Test Report Form must be no more than two years old when submitted.
General Medical Council

Jackson's Entry
Edinburgh
EH8 8PJ

www.gmc-uk.org

0131 525 8700

  • Medical practitioners (doctors)
Requires an IELTS Academic overall score of 7.0, with minimum scores of 7.0 in speaking and 7.0 in listening, reading and writing. These scores must be achieved in a single sitting of the test. The IELTS Test Report Form must be no more than two years old when submitted. Under certain circumstances the GMC will consider evidence other than an IELTS certificate. Further information can be found on the GMC website.
General Optical Council

41 Harley Street
London
W1G 8DJ

www.optical.org

0207 580 3898

  • Optometrists
  • Dispensing opticians
  • Student opticians
  • Optical businesses
A score of at least 7.0 in the IELTS. Additionally, no individual section should be scored less than 6.0 - except for 'speaking' where the minimum score required is 7.0.
General Osteopathic Council

176 Tower Bridge Road
London
SE1 3LU

www.osteopathy.org.uk

0207 357 6655

  • Osteopaths
The preferred testing system of the GOsC is the IELTS academic test. A score of 7.0 is required with no element lower than 7.0. Other tests are acceptable and these details can be accessed by contacting GOsC.
General Pharmaceutical Council

129 Lambeth Rd
London
SE1 7BT

www.pharmacyregulation.org

0203 365 3400

  • Pharmacists
  • Pharmacy technicians
Applicants (including UK nationals but excluding EEA and Swiss Nationals) who have qualified overseas will only be considered eligible to apply for the Overseas Pharmacists' Assessment Programme (OSPAP) where they have passed an IELTS test. The GhPC requires a minimum overall score of 7.0 in the Academic IELTS with a minimum of 7.0 in every category at the same sitting of the test. The IELTS Test Report Form must be no more than two years old when submitted with a complete OSPAP application.
Health and Care Professions Council

184 Kennington Park Road
London
SE11 4BU

www.hcpc-uk.org/

0845 300 4472

  • Arts Therapists
  • Biomedical Scientists
  • Chiropodists
  • Hearing Aid Dispensers
  • Podiatrists
  • Clinical Scientists
  • Dieticians
  • Occupational Therapists
  • Operating Department Practitioners
  • Orthoptists
  • Paramedics
  • Physiotherapists
  • Practitioner psychologists
  • Prosthetists
  • Orthotists
  • Radiographers
  • Social Workers
  • Speech & Language Therapists
The English language proficiency standard required by the HPC is IELTS score 7.0 with no single score less than 6.5, or the equivalent. This applies to all HPC professions other than speech and language therapy, for which an IELTS score of 8.0 is required (with no single score less than 7.5).
Nursing and Midwifery Council

23 Portland Place
London
W1B 1PZ

www.nmc-uk.org

0207 333 9333

  • Nurses
  • Midwives
IELTS required score for overseas applicants is 7.0. The IELTS Test Report Form must be no more than two years old when submitted.

Appendix 3

Annex B: Thresholds for Referral to Statutory Regulatory Bodies

[This guidance is adapted from a paper prepared by the Scottish Government in October 2010 in partnership with the General Medical Council, Nursing & Midwifery Council, Health Professions Council, General Dental Council and the General Pharmaceutical Council.]

Introduction

The overriding obligation on the part of the regulators of the health and social care professions is to protect the public. It is therefore sometimes necessary to take action where required in order to protect patients, ensure their safety, or where it is in the public interest. A statutory regulatory body (RB) can act on any information it receives, from any source, where concerns have been raised about a registered professional's fitness to practise. However, in some cases, it is clear from the outset that there is no need for the RB to investigate because the complaint concerns a matter or matters that do not raise an issue of impaired fitness to practise (e.g. minor motoring offences not involving drugs or alcohol; or minor clinical matters (e.g. complaints about the cost of treatment)). These cases are closed by the regulatory body without any further action.

There are, however, other complaints that may require communication with employers to ensure that they have no concerns about the practitioner[19]. In addition, there are cases that require full investigation by the regulatory body and it is these cases that will be the focus of this guidance.

Cases that require full investigation

Cases that require a full investigation into the practitioner's fitness to practise, such as those relating to conduct, will, in some cases, involve an assessment of the practitioner's health, character, competence or performance. A panel of the Investigating Committee will usually meet and, following its deliberations, reach a decision regarding whether the practitioner should be referred for a full Fitness to Practise hearing[20]. A practitioner's fitness to practise may be impaired by one or more of the following:

  • Misconduct
  • Deficient performance/lack of competence[21]
  • A criminal conviction
  • Physical or mental ill-health

The Panel's decision may also be influenced by a decision taken by another health professional regulatory body that the practitioner's fitness to practise is impaired, or a barring decision taken by a barring authority in England or Scotland.

Cases where the Regulatory Body is likely to take action

In some cases, allegations about a practitioner are so serious that, if proven, they are likely to result in the RB taking action regarding the practitioner's registration. These cases tend to fall into the following four categories:

  • Sexual assault or indecency;
  • Violence;
  • Improper sexual/emotional relationship with a patient or someone close to the patient; and
  • Dishonesty.

Any allegation falling into one of these four categories is likely to meet the threshold for referral to the RB. For examples of allegations relating to potential areas of concern see below. Allegations relating to any one of the four categories will always be of interest to the RB, although other factors, such as those outlined below, may also apply

  • The practitioner's performance has deviated from the RB's code of conduct, performance and ethics and, as a result, has harmed patients or the public or put them at risk of harm.
  • Attempts to improve the practitioner's performance locally have failed, and the employer has identified an unresolved risk to patient safety.
  • The practitioner, about whom the employer has developed significant concerns, leaves employment[21] to take up work elsewhere.
  • The practitioner has shown a deliberate or reckless disregard for clinical responsibilities towards patients.
  • The practitioner has abused a patient's trust, not respected their autonomy, or has failed to acknowledge and respect their fundamental rights.
  • The practitioner has behaved dishonestly, fraudulently or in a way that is designed to mislead or harm others.
  • The practitioner's behaviour was such that public confidence in the relevant healthcare profession might generally be undermined if the RB did not take action.
  • The practitioner's health compromises patient safety, and the practitioner lacks insight into the need to pursue advice or treatment and to restrict their sphere of practice.

Summary

If a practitioner working for/with you appears to have reached, or be close to reaching, any of the thresholds set out above the RB should be contacted for advice on how to proceed.

Further information

More detailed guidance relating to the standards expected of healthcare professionals, case examination and investigation processes, fitness to practise panels, and the sanctions that may be applied is available on the websites of the various regulatory bodies.

Potential areas of concern Examples of allegations
Criminal conviction or caution
  • Child pornography
  • Theft
  • Financial fraud
  • Possession of illegal substances
  • Child abuse or any other abuse
  • Physical violence
  • Issues where drug or alcohol abuse may be the cause of the offence
Dishonesty
  • Falsifying records
  • Fraudulent applications for employment
  • NHS fraud that is below the threshold for prosecution (e.g. falsifying expenses [not cost effective to prosecute])
Drug or alcohol abuse
  • Drink driving
  • Alcohol consumption that affects clinical work or environment
  • Dealing, possessing or misusing drugs even if there are no associated legal proceedings [this includes the abuse of controlled drugs, prescription drugs and other substances - whether for self-medication or recreational use]
Aggressive, violent or threatening behaviour
  • Assault
  • Physical violence
  • Bullying
  • Physical, emotional, sexual or other forms of abuse
  • Sexual assault
  • Harassment and intimidation
Persistent inappropriate attitudes, which affect patient safety or public confidence in the profession
  • Not committed to work
  • Neglect of duties or tasks, including administrative tasks or record keeping
  • Poor time management
  • Non-attendance
Inappropriate behaviour
  • Showing lack of respect, and failing to treat patients with dignity
  • Inappropriate relationships, including improper sexual/emotional relationship with a patient or someone close to the patient
Breach of sexual boundaries
  • Inappropriate examinations or failure to maintain appropriate boundaries
  • Sexual assault or indecency
Unprofessional behaviour or attitudes
  • Breach of confidentiality
  • Misleading patients about their care or treatment
  • Failure to obtain proper consent
  • Sexual harassment
  • Persistent rudeness to patients, colleagues or others
  • Unlawful discrimination
Health concerns, including mental health issues
  • Failure of health professional to seek medical advice or other support
  • Refusal to follow medical advice or care plan including monitoring/reviews
  • Failure to recognise limits and abilities

Contact

Email: Alan Milbourne

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