The European Qualifications (Health and Social Care Professions) Regulations 2016

CHAPTER 2 AMENDMENT OF THE EUROPEAN NURSING AND MIDWIFERY QUALIFICATIONS DESIGNATION ORDER OF COUNCIL 2004

Introductory

72.  The European Nursing and Midwifery Qualifications Designation Order of Council 2004(1) is amended in accordance with this Chapter.

Amendment of article 2

73.—(1) Article 2 (interpretation)(2) is amended as follows.

(2) In paragraph (3), for “41(1)(a)(ii) or (c)” substitute “41(1)(a) or (c)”.

Amendment of article 3

74.—(1) Article 3 (qualifications in respect of which a listed diploma is awarded on or after the reference date)(3) is amended as follows.

(2) In paragraph (2)(b), for “(1)(a)(ii) or (c)” substitute “(1)(a) or (c)”.

Amendment of article 4

75.—(1) Article 4 (qualifications in respect of which a listed diploma is awarded before the reference date)(4) is amended as follows.

(2) In paragraph (1), omit “Poland or”.

(3) In paragraph (3)(b), for “(1)(a)(ii) or (c)” substitute “(1)(a) or (c)”.

Amendment of article 5

76.—(1) Article 5 (qualifications in respect of which a diploma other than a listed diploma is awarded before the reference date in respect of training which does not comply with Directive requirements)(5) is amended as follows.

(2) In paragraph (1), omit “Poland or”.

Amendment of article 6

77.—(1) Article 6 (qualifications in respect of which a diploma other than a listed diploma is awarded in respect of training which complies with Directive requirements)(6) is amended as follows.

(2) In paragraph (3)(b), for “(1)(a)(ii) or (c)” substitute “(1)(a) or (c)”.

Amendment of article 7

78.—(1) Article 7 (qualifications awarded in Poland before the reference date in respect of training which does not comply with Directive requirements)(7) is amended as follows.

(2) In paragraph (2), omit sub-paragraph (a).

(3) Omit paragraph (3).

Amendment of article 7A

79.—(1) Article 7A (qualifications awarded in Romania before the reference date in respect of training which does not comply with Directive requirements)(8) is amended as follows.

(2) In paragraph (2), for sub-paragraph (a) substitute—

“(a) in the case of a person holding evidence of one of the following formal qualifications as a nurse—

(i) competențe profesionale de asistent medical generalist, with post-secondary education obtained from a școli postliceale, attesting to training started before 1st January 2007;

(ii) diplomă de absolvire de asistent medical generalist cu studii superioare de scurtă durată, attesting to training started before 1st October 2003;

(iii) diplomă de licență de asistent medical generalist cu studii superioare de lungă durată, attesting to training started before 1st October 2003,

at least three consecutive years during the period of five years ending with the date of issue of the certificate, provided that the period of practice has included the person taking full responsibility for the planning, organisation and carrying out of nursing care of patients; or”.

Insertion of article 8A

80.  After article 8 (qualifications in midwifery awarded following training in the former German Democratic Republic which complies with Directive requirements)(9), insert—

“Qualifications in midwifery awarded in respect of training which started before 18th January 2016

8A.— (1) A diploma in midwifery which has been awarded in a relevant European State and which was started before 18th January 2016 is an approved qualification for the purposes of registration if one of the conditions in paragraph (2) is satisfied.

(2) The conditions are—

(a) the admission requirement for starting the diploma was 10 years of general education;

(b) the diploma was equivalent to specific full time training as a midwife, comprising at least three years of theoretical and practical study comprising at least the training programme described in Annex V, point 5.5.1 of the Directive; or

(c) the diploma was equivalent to at least 18 months specific full time training as a midwife comprising at least the training programme described in Annex V, point 5.5.1 of the Directive and, before starting that diploma, the applicant completed training as a nurse responsible for general care and, in respect of that training as a nurse responsible for general care, can produce evidence that he or she holds a diploma that is listed in Annex V, point 5.2.2 of the Directive.”.

Insertion of article 12

81.  After article 10 (qualifications following training in the former Czechoslovakia, etc.)(10), insert—

“Review

12.   By 1st November 2021, and subsequently at intervals not exceeding 5 years from that date, in accordance with section 30 of the Small Business, Enterprise and Employment Act 2015, the Secretary of State must—

(a) carry out a review of the amendments made to this Order by the European Qualifications (Health and Social Care Professions) Regulations 2016;

(b) set out the conclusions of the review in a report; and

(c) publish the report.”.

(1)

S.I. 2004/1766.

(2)

Article 2 was amended by S.I. 2007/3101.

(3)

Article 3 was substituted by S.I. 2007/3101.

(4)

Article 4 was substituted by S.I. 2007/3101.

(5)

Article 5(1) was substituted by S.I. 2007/3101.

(6)

Article 6 was substituted by S.I. 2007/3101.

(7)

Article 7 was substituted in part, and amended, by S.I. 2007/3101.

(8)

Article 7A was inserted by S.I. 2007/3101.

(9)

Article 8 was substituted by S.I. 2007/3101.

(10)

Article 11 was revoked by S.I. 2007/3101.