The European Qualifications (Health and Social Care Professions) Regulations 2007

Insertion of section 5A

207.  After section 5 insert—

“Temporary registration for visiting osteopaths from relevant European States

5A.— (1) This section applies to an exempt person (“V”) who is lawfully established as an osteopath in a relevant European State other than the United Kingdom (“State A”).

(2) Subsection (3) applies if V has the benefit of regulation 8 of the General Systems Regulations in connection with the provision by V of services as an osteopath in the United Kingdom on a temporary and occasional basis (V having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by V of services as an osteopath).

(3) V is entitled to be registered as a temporarily registered osteopath; and the Registrar shall give effect to the entitlement.

(4) If V is entitled under subsection (3) to be registered as a temporarily registered osteopath but is not registered with temporary registration, V shall be treated as being registered with temporary registration.

(5) V’s entitlement under subsection (3) ceases if V ceases, whether as a result of the operation of regulation 17 of the General Systems Regulations or otherwise, to have the benefit of regulation 8 of those Regulations in connection with the provision by V of services as an osteopath in the United Kingdom on a temporary and occasional basis.

(6) If—

(a) V’s entitlement under subsection (3) ceases by reason of the operation of subsection (5), and

(b) V is registered as a temporarily registered osteopath,

the Registrar may remove from the register V’s entry as a temporarily registered osteopath.

(7) Subsection (8) applies if—

(a) V’s establishment in State A is subject to a condition relating to V’s practice as an osteopath,

(b) V is registered as a temporarily registered osteopath, and

(c) for any of the purposes of this Act it falls to be decided whether V is or may be guilty of unacceptable professional conduct.

(8) The matters that may be counted as unacceptable professional conduct include (in particular) any act or omission by V during the course of the provision by V of services as an osteopath in the United Kingdom on a temporary and occasional basis that is, or would be if the condition applied in relation to practice as an osteopath outside State A, a breach of the condition.

(9) In subsections (7) and (8) “condition” includes limitation.

(10) Subsections (1) to (6) are not to be taken to prejudice the application, in relation to temporarily registered osteopaths, of any other provision of this Act under which a registered osteopath’s name may be removed from the register or under which a registered osteopath’s registration may be suspended.”.