Letter - MHSS to Health and Social Security Panel re Health Professional Register - 14 December 2023

19-21 Broad Street | St Helier Jersey | JE2 4WE

Deputy R. Ward Chair, HSS Panel BY EMAIL

14 December 2023

Dear Chair,

Re: Health Professional Register

Thank you for your letter dated 7 December 2023 and for agreeing a short extension for providing a response.

Firstly, please accept my apologies for the oversight on this occasion of not offering a briefing on a proposed consultation prior to launch, which is the usual approach we take. I asked officers to clarify the reasons why it did not happen, and it was a genuine error. Please let me know if the Panel would like a briefing in the new year and I will ensure this is arranged. In terms of your queries regarding the proposed register, please see responses below:

1. What is the main reason for introducing a new approach to registration at this current time?

As identified in the consultation documents[1] and the supporting press release[2], the Government is proposing a new approach to registering health and social care professionals in Jersey, in order to:

• standardise the local registration process;

• make it fair for all professional groups; and

• bring Jersey in line with international standards by assuring Islanders that all health and social care professionals on the Island are suitably qualified to practise.

2. What are the objectives of this new approach and what benefits are envisioned through its implementation?

In addition to those benefits identified in the previous answer, there is no single, up-to-date record of who is practising in Jersey or the qualifications they hold, which makes it difficult to ensure professionals are appropriately qualified and their practise is effectively regulated. This means that, for some professional groups, it is not known whether registered professionals are in Jersey, have been struck off, have retired or even if they are still alive.

Under the new proposals, local health and social care employers would have a duty to ensure that relevant employees are actively registered with the Commission in order to practise in Jersey. Professionals already registered with the Commission, the Judicial

Greffe or the Chief Pharmacist would be automatically transferred to a new register held by the Commission, while training standards and fitness-to-practise issues would continue to be managed by relevant UK regulatory bodies (alongside responsible officers, where applicable).

3. Which professional healthcare roles will be required to register?

A list of the roles that will be required to register are identified in the consultation documents in appendix 1. It is proposed that those professional groups that are required to be registered in Law in the UK, will be required to be registered under Jersey Law.

This is currently the case and the longstanding policy intention under the Law. However, prosthetists and hearing aid dispensers became subject to statutory regulation by the Health and Care Professions Council (HCPC) more recently and these have not yet been added to the list of registrable occupations under the Schedule to the Health Care (Registration) (Jersey) Law 1995. It is proposed to correct these omissions, subject to the outcome of the consultation.

4. Will there be a duplication of payment, with some professionals paying two registration fees if they also register in the UK? If so, has consideration been given to any potential implications of this for the recruitment of off-island professionals?

Currently, there is already duplication for some professionals. For example, those registering as dental care professionals (excluding dentists who are currently not charged any fees) already pay a recurrent fee to the General Dental Council and the Jersey Care Commission.

Conversely, other professionals who under legislation must register with the Jersey Care Commission, Royal Court or Chief Pharmacist either pay no fee or a one-time fee. This is despite most legislation already carrying powers to levy fees that could be invoked at any time. Therefore, the system we have is arguably unfair, is piecemeal and requires proper consideration and consolidation.

This consultation seeks views on the principles of a simple and effective registration process that will keep the public safe and better protect the titles of health and social care professionals. As part of this process, professionals, their employers and patients are being asked whether they agree, in principle, that the inconsistencies in the present system of levying fees should be addressed and whether, as is the case in most other jurisdictions, including the UK, registered professionals should be asked to pay fees to cover the cost of the registration process. If not, then taxpayers must continue to subsidise or to pay for the regulation of Jersey professionals in private practice.

We would encourage all groups to engage with the survey so we can understand and consider all potential implications of the proposals, particularly on the recruitment of off- island professionals as you identify. Depending on this feedback, more detailed fee proposals would be published with feedback sought in 2025.

5. Did you undertake a consultation process prior to the decision to create a register and, if so, who with?

As identified, the consultation is ongoing. It launched on 4 December 2023 and will conclude on 26 February 2024. It is then expected that the consultation report will be published in March 2024.

As set out above, most health and social care professionals are already required to register in Jersey under Law. For some groups, this requirement has been in place for over sixty years and registers of those professionals have been maintained throughout that period.

I trust the above responses are of use to the Panel and please let me know regarding the offer of a briefing.

Yours sincerely,

Deputy Karen Wilson

Minister for Health and Social Services D +44 (0)1534 440540

E k.wilson2@gov.je

[1] Health and social care professionals registration', consultations, published 4 December 2023, Government of Jersey.

[2] Professional Registration: a new approach', press release, published 4 December 2023, Government of Jersey.