Draft Health and Social Care Professionals Register (Jersey) Law 202- (P.15/2026): amendment

STATES OF JERSEY

DRAFT HEALTH AND SOCIAL CARE PROFESSIONALS REGISTER (JERSEY) LAW 202- (P.15/2026): AMENDMENT

Lodged au Greffe on 19th February 2026 by Deputy T.A. Coles of St. Helier South Earliest date for debate: 10th March 2026

STATES GREFFE

2026  P.15/2026 Amd.

DRAFT HEALTH AND SOCIAL CARE PROFESSIONALS REGISTER (JERSEY) LAW 202- (P.15/2026): AMENDMENT

1  PAGE 42, ARTICLE 1 –

In Article 1(1) –

1. delete the definition "registration in the United Kingdom";
2. delete "UK" wherever it occurs in –

1. the definition "relevant UK regulatory body";
2. the definition "relevant UK registration number".

2  PAGES 44 to 72 –

In the following provisions, delete "UK" wherever it occurs –

1. Article 3;
2. Article 5;
3. Article 9;
4. Article 14;
5. Article 16;
6. Article 17;
7. Article 21;
8. Article 22;
9. Article 36;
10. Schedule 1.

3  PAGE 44, ARTICLE 3 –

In Article 3(2), delete "but only so that the list contains occupations for which registration in the United Kingdom is required to practise in the United Kingdom".

4  PAGE 45, ARTICLE 7 –

In Article 7(4)(b), for "in the United Kingdom as having that title or annotation" substitute "as having that title or annotation by virtue of their registration with a relevant regulatory body".

5  PAGE 49, ARTICLE 16 –

In Article 16(1)(b)(i) and (ii), for "in the United Kingdom" substitute "with a relevant regulatory body".

6  PAGE 51, ARTICLE 20 –

In Article 20(1)(a), (c) and (e), for "in the United Kingdom" substitute "with a relevant regulatory body".

7  PAGE 52, ARTICLE 21 –

In Article 21(2)(d), for "in the United Kingdom" substitute "with a relevant regulatory body".

8  PAGE 53, ARTICLE 23 –

In Article 23 –

1. in paragraph (1), for "relevant UK regulatory body has been suspended ("a suspension  in  the  UK")"  substitute  "relevant  regulatory  body  has  been suspended by that body";
2. in paragraphs (2), (4), (8) and (9), for "in the UK" substitute "by the relevant regulatory body".

9  PAGE 65, SCHEDULE 1 –

1. In the Schedule, in paragraph 1(1) –

1. before the definition "Health Professions register" insert –

"accredited by the PSA" means accredited under section 25G(3) of the NHS Reform Act;

2. after the definition "Health Professions register" insert –

"NHS Reform Act" means the National Health Service Reform and Health Care Professions Act 2002 of the United Kingdom;

3. after the definition "prescription only medicine" insert –

"PSA" means the Professional Standards Authority for Health and Social Care established under section 25 of the NHS Reform Act;

"voluntary register" has the meaning given in section 25E(2) of the NHS Reform Act.

2. In the Schedule, in the table in paragraph (2) –

1. before the row for arts therapist insert –

2. after the row for biomedical scientist insert –

3. after the row for clinical scientist insert –

4. after the row for physiotherapist insert –

5. after the row for prosthetist insert –

6. after the row for speech and language therapist insert –

10  PAGE 73, SCHEDULE 2 –

In Schedule 2, for paragraph 17 substitute –

17  Health Insurance (Approved Prescribing Practitioners) (Jersey) Order 2025

In the Health Insurance (Approved Prescribing Practitioners) (Jersey) Order 2025 –

1. for the table in Article 2(3)(b) there is substituted –

2. after the table in Article 2(3)(b) there is inserted –

(4)  For the purposes of paragraph (3) –

1. "HSC Professionals Register Law" means the Health and Social Care Professionals Register (Jersey) Law 202-;
2. "relevant  regulatory  body"  has  the  meaning  given  in Article 1 of the HSC Professionals Register Law.

11  PAGE 73, SCHEDULE 2 –

In Schedule 2, in paragraph 36 –

(a)  for sub-paragraph (a) substitute –

1. in Article 1(1) –

1. after the definition "health record" there is inserted –

"HSC Professionals Register Law" means the Health and Social Care Professionals Register (Jersey) Law 202-;

2. for the definition "registered optometrist" there is substituted –

"registered optometrist" means a person who is registered to practise  the  occupation  of  optometrist  under  the  HSC Professionals Register Law;

2. in sub-paragraph (j), in the substituted paragraph (2) –

1. for "in the United Kingdom as having that protected title or permitted annotation"  substitute  "as  having  that  protected  title  or  permitted annotation by virtue of their registration with a relevant regulatory body";
2. for "Health and Social Care Professionals Register (Jersey) Law 202-" substitute "HSC Professionals Register Law";

3. in sub-paragraph (j), in the substituted paragraph (3) –

1. for "Health and Social Care Professionals Register (Jersey) Law 202-" substitute "HSC Professionals Register Law" in the 2 places it occurs;
2. for "permitted to hold themselves out in the United Kingdom as having 1 or more of the following protected titles or permitted annotations" substitute "permitted to hold themselves out as having 1 or more of the following protected titles or permitted annotations by virtue of their registration with a relevant regulatory body" in the 2 places it occurs;

3. after the definition "nurse – independent prescriber" insert –

"relevant regulatory body" has the meaning given in Article 1 of the HSC Professionals Register Law;

4. in sub-paragraph (c), in relation to Schedule 2, Part 3, for "Health and Social Care Professionals Register (Jersey) Law 202-" substitute "HSC Professionals Register Law";
5. in sub-paragraph (e), in relation to Schedule 2, Part 3, for "Health and Social Care Professionals Register (Jersey) Law 202-" substitute "HSC Professionals Register Law".

12  PAGE 73, SCHEDULE 2 –

In Schedule 2, in paragraph 39, in the substituted text –

1. before the definition "nurse independent prescriber" insert –

"HSC  Professionals  Register  Law"  means  the  Health  and  Social  Care Professionals Register (Jersey) Law 202-;

2. in the definition "nurse independent prescriber" –

1. in sub-paragraphs (a) and (b), for "Health and Social Care Professionals Register (Jersey) Law 202-" there is substituted "HSC Professionals Register Law";
2. in sub-paragraphs (a) and (b), delete "in the United Kingdom";
3. in sub-paragraph (a), after "midwife – independent prescriber" insert "by virtue of their registration with a relevant regulatory body";
4. in sub-paragraph (b), after "the following protected titles or permitted annotations"  insert  "by  virtue  of  their  registration with  a  relevant regulatory body";

3. after the definition "nurse independent prescriber" insert –

"relevant regulatory body" has the meaning given in Article 1 of the HSC Professionals Register Law.

13  PAGE 73, SCHEDULE 2 –

In Schedule 2, in paragraph 40 –

1. before sub-paragraph (a) insert –

(aa)  in  Article  1(1),  after  the  definition  "health  prescription"  there  is

inserted –

"HSC Professionals Register Law" means the Health and Social Care Professionals Register (Jersey) Law 202-;

2. in  the  following  provisions,  for  "Health  and  Social  Care  Professionals Register (Jersey) Law 202-" substitute "HSC Professionals Register Law" –

1. sub-paragraph (a), in the substituted text;
2. sub-paragraph (b), in the substituted text;

3. sub-paragraph (c), in the substituted text;
4. sub-paragraph (d), in the substituted text;
5. sub-paragraph (e), in the substituted text;
6. sub-paragraph (f), in the substituted text;

3. in the following provisions, delete "in the United Kingdom" –
   1. sub-paragraph (d), in the substituted text;
   2. sub-paragraph (e), in the substituted text;
4. at the end of the substituted text in sub-paragraphs (d) and (e), insert "by virtue of their registration with a relevant regulatory body";
5. after sub-paragraph (d), insert –

(da)  in  Article  1(1),  after  the  definition  "registered  premises"  there  is

inserted –

"relevant regulatory body" has the meaning given in Article 1 of the HSC Professionals Register Law;

DEPUTY T.A. COLES OF ST. HELIER SOUTH

REPORT

Summary

The intention of these legislative amendments can be categorised into 3 different sections.

First, to remove references to United Kingdom (UK) from the legislation. Whilst this will not affect the ability of the Minister to use UK legislation to set the requirements of health and social care professionals it will, if approved, allow for standards from around the world to be considered, without needing to amend primary legislation later.

Second, to insert additional interpretations in Schedule 1 (Article 3). This, if approved, would insert the Professional Standards Authority, their accreditation and their voluntary register into the interpretations, therefore, allowing additional Scheduled Occupations to appear in Schedule 1.

Third, to reinstate Psychotherapist, associated psychotherapy occupations and add Counsellor into Schedule 1 (Article 3), Scheduled Occupations (Column 1), as well as setting out the requirements under Qualification Requirements (Column 2) and Relevant Regulatory Body (Column 3).

Removing references to the UK & United Kingdom from the Legislation

Jersey is a self-governing jurisdiction with our own legislative Assembly, courts and regulatory bodies. The United Kingdom (UK) centric drafting of this legislation raises questions about the constitutional position of our Island and our accountability to the electorate.

By removing the reference to the UK, this does not compromise the Minister's ability to utilise UK legislation or cooperate with UK regulators to ensure that Jersey's health and social care professionals comply with their standards and obligations.

A Jersey-focused legislative framework is more flexible and easier to update, allowing future Ministers to react quickly to local priorities without having to wait for UK lawmakers to update their position. It would also allow the Minister to adopt standards and regulatory bodies from different jurisdictions, in addition to the UK standards and bodies, if they believe these are better suited to Jersey and are in the interests of the Island.

Removing unnecessary references to the UK aligns with general good practise for drafting legislation which aims to be clear, precise and jurisdiction specific.

Inserting the Professional Standards Authority in the Interpretation of Schedule 1

The Professional Standards Authority (PSA) are the regulator of regulators, introduced through the National Health Service Reform and Health Care Professions Act 2002. They have direct oversight of how organisations like the General Medical Council (GMC), Nursing and Midwifery Council (NMC) and Health Care Professions Council (HCPC), all operate and ensure high standards of regulation. The inclusion of the PSA in the interpretation of Schedule 1 provides clarity and certainty as to the standards framework that underpins both statutory and voluntary regulation.

All the UK regulatory bodies in Column 3 of Schedule 1 are overseen by the PSA, and the introduction  of  this  interpretation  reduces  ambiguity  when  the  law  refers  to  accreditation, standards or assurances. This interpretation will allow better flexibility for the Minister, if, in future, they wish to add an accredited voluntary regulator to tackle an issue that is apparent in Jersey but has not yet caused sufficient issues in the UK for this regulator to be made statutory.

By using the PSA, this will allow those being regulated better choice of who will be providing that regulation. This is important when it comes to understanding the differences between health and social care services being offered, for example, a practitioner offering psychotherapy only to adults would need different oversight than a psychotherapist that works with children and young people.

Reinstating Psychotherapist to the list of Registered Professionals

The Health Care (Registration) (Jersey) Law 1995 currently requires anyone calling themselves a psychotherapist or practicing psychotherapy to register. Since 2014, applications and registrations by psychotherapists have been made to the Jersey Care Commission, with the register made available to the public. However, Psychotherapist does not appear in the Health Care (Registration)(Prescribed Qualifications)(Jersey) Order 2003. This has led to the Jersey Care Commission using the membership to a PSA accredited voluntary regulator as confirmation of qualifications.

In response to Oral Question 17/2026, in the Assembly, the Minister made it clear that the lack of statutory regulation in the UK is the main reason for not including psychotherapists in the Draft Health and Social Care Professionals Register (Jersey) Law.

As a consequence of not including Psychotherapist in Schedule 1, Column 1 of the draft Law, Schedule 1, Column 4 (Protected titles and permitted annotations) only includes one form of psychotherapist required to register: an Arts psychotherapist. No other psychotherapist needs to register, and it is not clear why this one form of psychotherapy needs better oversight than any others.

The 2nd paragraph of the Minister's report in P.15/2026, has 3 bullet points that clearly set out the main objectives of the Jersey Health and Social Care Professionals Register (the "Register") –

• assure Islanders that all regulated healthcare professionals are suitably qualified and fit to practise in Jersey;

• mitigate the risk that professionals who have been found unfit to practise in the UK may continue to practice in Jersey; and

• provide oversight of who exactly is practising in the Island and their employment status (for example who their employer is, whether they are self-employed, etc).

When strengthening our registration of health and social care professionals it makes no sense to then decide to weaken an area. Given the knowledge and understanding of mental health and how vulnerable people can be when in crisis or seeking support, it seems neglectful and irresponsible to omit a previously registered profession.

The move to include the occupation of Counsellor in the Register is both practical and logical given that the majority of PSA accredited bodies that regulate psychotherapists also regulate counsellors. If we recognise a body that will provide oversight to both types of therapists, it makes sense to have both registered. By requiring this type of regulation, we will ensure Islanders can access suitably qualified and fit to practise psychotherapists and counsellors in Jersey.

The new entries proposed in this amendment, in Schedule 1 (Column 1, Scheduled Occupation), are based on the PSA Accredited Register and include an annotation of Psychotherapist. This list makes a clear distinction between those offering oversight for counselling services, psychotherapy and, most importantly, child and young person's therapy.

The  Appendix provides an article from the Times and is one story of why regulation of Psychotherapy and Counsellors is necessary.

Conclusion

Taken together or individually, these amendments strengthen Jersey's health and social care regulatory framework in a way that is proportionate, flexible and firmly rooted in the Island's constitutional position.

Removing unnecessary references to the United Kingdom modernises the legislation and reinforces Jersey's autonomy, while preserving the Minister's ability to draw on UK or other international standards where this is in the best interests of Islanders. This futureproofs the law and avoids the need for repeated primary legislative change as regulatory practice evolves.

The inclusion of the Professional Standards Authority within the interpretations of Schedule 1 provides clarity and coherence to the regulatory framework. It aligns existing statutory regulators under a recognised oversight body and enables the controlled use of accredited voluntary registers where this offers a pragmatic and effective regulatory solution, particularly in areas not subject to statutory regulation in the UK.

Finally, reinstating psychotherapists  and introducing counsellors to the register corrects an inconsistency that has emerged over time and avoids the unintended weakening of safeguards in an area involving vulnerable individuals. The proposed approach reflects existing practice, aligns with PSA accredited regulation, and ensures that Islanders can have confidence that those providing counselling and psychotherapy services are suitably qualified, appropriately regulated and fit to practise.

These amendments therefore support the stated objectives of the Register: improving public assurance, mitigating regulatory risk, and providing clear oversight of who is practising in Jersey. For these reasons, the amendments represent a sensible, necessary and responsible enhancement to the draft Law.

Financial and staffing implications

There would be no additional financial or staffing implications as the regulation of Psychotherapists is current covered by the Jersey Care Commission. The cost of adding the regulation of Counsellors to the work of the Jersey Care Commission would be covered by the required fees within the existing fee structures.

Children's Rights Impact Assessment

I consider that this proposition has no direct or indirect impact on children and that the duty to have due regard to the UN Convention on the Rights of the Child does not arise. Accordingly, a Children's Rights Impact Assessment is not required under the Children (Convention Rights) (Jersey) Law 2022.

APPENDIX TO REPORT