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The Professional Qualifications Directive facilitates the free movement of professionals within the EU. Recent amendments to the Directive have introduced important new obligations for regulators.
New Obligation for Regulators
The Directive obliges the competent authorities in each Member State, the relevant regulator, to issue an alert to all other competent authorities, in certain circumstances:
- where a professional is prohibited or restricted, even temporarily, from practise; and
- where a professional is found to have submitted falsified diplomas in respect of an application for recognition of qualifications.
This new obligation applies to regulators for the healthcare professions, and those involved in the education of minors, and so includes the Medical Council, Nursing and Midwifery Board of Ireland (“NMBI”) the Pharmaceutical Society of Ireland (“PSI”) and the Teaching Council.
How is the alert issued?
Alerts are required to be issued via the Internal Market Information System (“IMI”).
When is the alert issued?
Alerts must be issued within 3 days of the date of the decision restricting or prohibiting the practise of a professional. In circumstances where most regulators in Ireland must make an application to the High Court before a sanction restricting or prohibiting practise can take effect, the relevant date of the decision is the date of the High Court Order.
What information must be included in the alert?
The Directive specifies the information to be contained in an alert. It must be limited to the identity of the professional, profession concerned, information about the body/court adopting the decision, scope of the restriction and the period during which the restriction applies.
Notification to Registrant
Regulators are required to inform the professional, in writing, of the decision to alert, at the same time as the alert is made. They must be informed that they may appeal against the decision under national law or apply for rectification of such decisions and shall have access to remedies in respect of any damage caused by the making of a false alert. It is unclear in what circumstances a registrant might appeal, given that the Directive does not appear to allow the regulator any discretion in making an alert. It is also unclear who the appeal of the decision to make the alert would be made to. To date, no implementing legislation has been enacted in Ireland, providing a mechanism for an appeal.
Guidance
The Alliance of UK Health Regulators on Europe (“AURE”) has published a set of principles for UK healthcare regulators. These principles provide guidance on what is considered to be a restriction on practise. The principles specify that voluntary agreements by a registrant that amount to a restriction on practise should also be the subject of an alert.
AURE recommend that alerts should not be made for administrative matters, and should only be issued where a professional represents a risk to patients or the profession.
The AUR principles can be accessed at the following link.
Authors: Zoe Richardson and Grainne O’Callaghan