HRPOL13 Professional Registration Policy V9 by Provide Community

Professional Registration Policy

Version: V9

Ratified by: People & Culture Steering Group

Date ratified: 18/06/2024

Job Title of author: HR Business Partners

Reviewed by Committee or Expert Group Staff Partnership Forum

Equality Impact Assessed by: Director, People Partnering

1. Introduction

Provide aims to deliver high quality and safe services and it recognises that this commitment to quality and safety must be reflected in the work and conduct of all its employees.

2. Scope

This policy applies:

• to all employees at Provide.

• those engaged as casual bank workers either directly via Workforce Solutions, via commercial contracts or through an agency.

• any organisations that the Provide Group sub-contracts with are required to ensure they have procedures in place for checking the professional registration of the person they employ.

It should be noted that Contractors have an obligation to ensure and evidence their professional registration is in place.

3. Key Principles

This policy is in place in order to ensure that Provide employs/engages individuals with appropriate registrations and who are eligible to practice.

It emphasises that the responsibility for registration rests with the individual practitioner and that failure to ensure registration remains valid, may result in the termination of employment or engagement with the Provide Group.

4. Key Responsibilities

Employees / Workers

Employees / Workers are expected to comply with the requirements of this policy

As a member of a professional body, the primary responsibility rests with the individual practitioner to:

• Register/re-register with the appropriate professional body

• Keep any documentation or electronic evidence relating to the registration in a place of safety

• Produce this documentation or electronic evidence when requested by the appropriate service/professional managers or a member of the People Directorate.

• Contact the appropriate professional body for proof/evidence/written documentation if requested to provide it

• Keep the relevant professional body informed of changes to personal details for example, address or status, to ensure internal records are accurate and up to date and routine renewal advice is received If employees change their surname after registration, they should ensure that original documents relating to the change of name are seen, copies taken and verified, and placed on file by the People Directorate

• Inform their line manager and the People Directorate of any disruption, extension or changes to their registration

Line Managers

Line Managers are responsible for raising awareness of this policy within their own business units and will highlight changes to their teams at meetings. In addition, they are expected to:

• Review the registrations of employees within their services, including ensuring these are valid and that re-registrations occur in a timely manner

• To seek advice from Human Resources where necessary and act on it as appropriate.

• Ensure that individuals who are being recruited to posts for which they will be responsible, hold appropriate and current registration prior to employment

5. Procedure / Implementation

Pre-Employment

It is the responsibility of the relevant Recruiting Manager to ensure that individuals who are being recruited to posts for which they will be responsible, hold appropriate and current registration prior to employment.

All prospective employees are required to bring the original documents confirming their registration status to job interviews. The Recruiting Manager is responsible for checking and taking copies of the documents, signing and dating the copy to confirm that they have had sight of the original document. Copies of the documents should then be sent to the Recruitment Team.

The Recruitment Team will then check the registration status for prospective employees using the relevant professional bodies’ verification system prior to confirming any conditional offer of employment. All prospective medical employees will have their licence to practice checked at the time of their GMC registration verification.

The People Directorate will keep appropriate and adequate records of this information. The information obtained during the checking process will be recorded and stored electronically in a format which complies with the requirements of the Data Protection Act.

Any prospective employee who cannot, for whatever reason, supply evidence of their registration status will not be appointed until the individual has contacted the relevant statutory body and produced documentary proof of registration, which is then verified by the Recruitment Team.

When an interviewee is awaiting examination results it should be made clear, usually at interview and confirmed in writing, that any offer of employment is subject to:

• Satisfactory examination results

• Their intention to register and produce evidence of that registration as required above prior to commencement of employment

Newly qualified nurses or Allied Health Professionals awaiting registration may be employed as a Health Care Support Worker in the interim period and paid on a Band 3 pay scale until evidence of registration is received.

During Employment

Professional registration as appropriate to the post is a contractual requirement and underpins the contract of employment.

The People Services Team check professional registrations to ensure they are valid (please see Appendix 1 for a list of professions requiring registration and frequency of registration renewals).

Process:

➢ A report is produced by the People Services Team at the beginning of each month that identifies employees whose registration is due to expire within that month.

➢ The team then check registration status with the relevant professional body, to ensure registration has been renewed.

➢ If the relevant professional body confirms that an employee’s registration has not been renewed by at least two weeks before the expiry date, the People Services team will contact the relevant line manager by email. The line manager will be advised to speak to the employee, requesting that they renew their registration as a matter of urgency. The line manager should advise the employee of the possible financial and contractual implications of failure to maintain their professional/statutory registration. The People Services Team will verify renewed registration with the relevant professional body and confirm to the line manager and employee that the situation has been resolved.

Revalidation (NMC and GMC Registrants Only)

Employees that are registered with the Nursing and Midwifery Council (NMC) or General Medical Council (GMC) are required to complete a process of revalidation every three years and five years respectively.

See full Revalidation Guidance at www.nmc.org.uk or www.gmc-uk.org

NMC Revalidation

NMC registered employees must revalidate every three years to confirm that they:

• continue to be fit to practice,

• meet the requirements for practice and continuing professional development,

• have sought third party feedback to inform their reflective practice

• have received third party confirmation that they are fit to practice.

Employees and managers will receive a workflow notification in advance of an employee’s revalidation date. The employee is responsible for applying for revalidation through the NMC Online portal and providing their manager (or assigned confirmer) with the portfolio of evidence for revalidation.

The manager is required to confirm the employee’s revalidation.

If an employee does not achieve their revalidation within 60 days of their revalidation date they will lapse from the register and the employee will not be able to continue to practice (See Section 5 Lapsed Registration).

Lapsed Registration

Any professional practitioner whose registration has lapsed will not be eligible to continue to practice within the role for which they require a registration with a professional body e.g. NMC, HCPC, GMC.

Where an employee has failed to retain their registration through annual renewal or revalidation, the following actions should be taken:

• Professional employees will be advised to contact the relevant professional body registration department immediately. Nurses need to be aware that it can take up to 6 weeks to be re-registered with the NMC.

• The individual cannot undertake the duties and responsibilities of a registered practitioner and depending upon the circumstances, they will either be required to take unpaid leave, or work as an unqualified practitioner with a reduction in pay.

• This decision is the responsibility of the relevant Director of Operations and will take into account the ability of the service to accommodate the person working as an unregistered member of staff for example a Healthcare Support Worker.

• The rate of pay as an unqualified practitioner will be based on the top of pay band 3 (spine point 12 on Agenda for Change pay scales). This does not apply to medical and dental staff who would be required to take unpaid leave.

• Where a lapse lasts more than a fewdays this may become a disciplinary issue.

• Agency or zero hours workers who have lapsed registration will not be offered any further shifts and any booked shifts must be cancelled. These workers may be able to work as unqualified practitioners (as above) if possible.

Agency and Commercially Contracted Workers

The rules set out in section 4 apply to Agency and commercially contracted workers.

The Service Lead is responsible for ensuring any casual bank workers engaged through NHS Professionals, agencies and via commercial contracts have undergone the appropriate checks including having appropriate registration for the role. A checklist is enclosed at Appendix 1 in HRPOL27 Workforce Solutions Bank Policy Workers Policy or CCPOL01 Engagement of Contractors and Agency Workers, and must be completed to evidence this.

Managers should advise agencies when placing bookings, that workers are required to report to the Service Lead with their original registration certificate for checking prior to the commencement of their placement.

In the event that a self-employed professional worker provides services for Provide, it will be a contractual responsibility to ensure that they continue to maintain their professional registration, and the initial and ongoing checks should be undertaken by the relevant Service Lead

Return to Practice Following a Period of Absence

Enquiries regarding admission to the register should be made directly to the appropriate professional body.

Nurses and Midwives are required by legislation to successfully complete a return to practice programme before renewing their registration if they have taken a break in practice.

The readmission requirements if a registrant’s registration has lapsed within six months of their most recent revalidation date are as follows:

What you’ll need to do:

Practice Hours

You must have undertaken registered practice for either:

• 450 hours in the three years before you start your readmission application, or

• 750 hours in the five years before you start your readmission application.

Or you’re applying for readmission having qualified in the last 5 years and are unable to meet the 450 registered practice hours in the last 3 years requirement.

The NMC can only consider the hours you worked when you were effective on the register. If you have worked withoutregistration in a role that requires NMC registration, the NMC will also ask for details about this.

If you cannot meet this requirement, you will need to complete a return to practice course or complete a Test of Competence.

Continuing professional development (CPD) hours

You must have gained 35 hours of learning in the three years before you apply for readmission. These hours don't need to be from the time you were effective on the register.

Further information can be found: https://www.nmc.org.uk/registration/returning-to-theregister/checklist-of-requirements/

Return to practice nurses who do not hold a current registration will not be employed on a nursing grade requiring a professional registration.

Advice should be obtained from the Health & Care Professions Council and followed in respect of an Allied Health Professional returning to practice: https://www.hcpcuk.org/registration/returning-to-practice/our-requirements/

Any professional returning to practice must be appropriately supervised, for an agreed length of time dependant on the individual’s needs.

6. Monitoring and Review

This policy will be reviewed at least every 3 years in line with the Policy for the Management of Procedural Documents, or more frequently in line with any requirements relating from legislative changes.

Review will be undertaken by a CIPD registered member of the HR Department and monitoring will be conducted in respect of policy outcomes. The need for improvement or clarification may be identified as lessons learnt, through using the process and where appropriate amendments will be made.

Appendix A: Equality Impact Assessment Template: Stage

One: ‘Screening’

Name of project/policy/strategy (hereafter referred to as “initiative”): Professional Registration Policy

Provide a brief summary (bullet points) of the aims of the initiative and main activities:

• To ensure Provide employs employees/workers with appropriate professional registration for their role.

• To ensure individuals know their responsibility to maintain professional registration.

• To be clear that it is a recruiting manager’s responsibility to check the registrations of new recruits and those engaged as temporary workers.

• To ensure the People Directorate monitors professional registration and inform managers if registration lapses, for a registrant and to take the necessary action whilst registration is being resolved.

Project/Policy Manager: Director, People Partnering Date: June 2024

This stage establishes whether a proposed initiative will have an impact from an equality perspective on any particular group of people or community – i.e. on the grounds of race (incl. religion/faith), gender (incl. sexual orientation), age, disability, or whether it is “equality neutral” (i.e. have no effect either positive or negative). In the case of gender, consider whether men and women are affected differently.

Q1. Who will benefit from this initiative? Is there likely to be a positive impact on specific groups/communities (whether or not they are the intended beneficiaries), and if so, how? Or is it clear at this stage that it will be equality “neutral”? i.e. will have no particular effect on any group.

Neutral – registration is a requirement for a number of roles within the organisation.

Q2. Is there likely to be an adverse impact on one or more minority/under-represented or community groups as a result of this initiative? If so, who may be affected and why? Or is it clear at this stage that it will be equality “neutral”?

Neutral

Q3. Is the impact of the initiative – whether positive or negative - significant enough to warrant a more detailed assessment (Stage 2 – see guidance)? If not, will there be monitoring and review to assess the impact over a period time? Briefly (bullet points) give reasons for your answer and any steps you are taking to address particular issues, including any consultation with employees or external groups/agencies.

Neutral – to date there have been no concerns raised by registrant regarding the application of this policy; however we will continue to monitor this. A more detailed assessment is not required a this time.

Guidelines: Things to consider

Equality impact assessments at Provide take account of relevant equality legislation and include age, (i.e. young and old,); race and ethnicity, gender, disability, religion and faith, and sexual orientation.

The initiative may have a positive, negative or neutral impact, i.e. have no particular effect on the group/community.

Where a negative (i.e. adverse) impact is identified, it may be appropriate to make a more detailed EIA (see Stage 2), or, as important, take early action to redress this – e.g. by abandoning or modifying the initiative. NB: If the initiative contravenes equality legislation, it must be abandoned or modified.

Where an initiative has a positive impact on groups/community relations, the EIA should make this explicit, to enable the outcomes to be monitored over its lifespan.

Where there is a positive impact on particular groups does this mean there could be an adverse impact on others, and if so can this be justified? - e.g. are there other existing or planned initiatives which redress this?

It may not be possible to provide detailed answers to some of these questions at the start of the initiative. The EIA may identify a lack of relevant data, and that data-gathering is a specific action required to inform the initiative as it develops, and also to form part of a continuing evaluation and review process.

It is envisaged that it will be relatively rare for full impact assessments to be carried out at Provide. Usually, where there are particular problems identified in the screening stage, it is envisaged that the approach will be amended at this stage, and/or setting up a monitoring/evaluation system to review a policy’s impact over time.

Guidelines: Things to consider

An initiative may have a positive impact on some sectors of the community but leave others excluded or feeling they are excluded. Consideration should be given to how this can be tackled or minimised.

It is important to ensure that relevant groups/communities are identified who should be consulted. This may require taking positive action to engage with those groups who are traditionally less likely to respond to consultations, and could form a specific part of the initiative.

The consultation process should form a meaningful part of the initiative as it develops, and help inform any future action.

If the EIA shows an adverse impact, is this because it contravenes any equality legislation? If so, the initiative must be modified or abandoned. There may be another way to meet the objective(s) of the initiative.

Further information:

Useful Websites www.equalityhumanrights.com Website for new Equality agency www.employers-forum.co.uk – Employers forum on disability www.disabilitynow.org.uk – online disability related newspaper www.efa.org.uk – Employers forum on age

Appendix B: Professions Requiring Registration with a Professional Body

Profession

Doctors

General Medical Council Annual/quarterly

Physicians Associates Faculty of Physician Associates Annual

Dentists

Nurses/Midwives

General Dental Council Annual

Nursing & Midwifery Council Every 3 years

Pharmacists General Pharmaceutical Society Annual

Arts

Audiologists

Biomedical

Accountant

The Association of Chartered Annual Certified Accountants (ACCA)

HR Professionals Chartered Institute of Annual Personnel and Development

*NB: This list is not exhaustive. Any profession with a mandatory registration requirement with a professional body is covered by this policy and procedure