The Health Professions (Hearing Aid Dispensers) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order designates hearing aid dispensers as one of the professions regulated under the Health Professions Order 2001 (S.I.2002/254)(“the principal Order”). This is as a consequence of the abolition of the Hearing Aid Council (“the HAC”) by section 123 of the Health and Social Care Act 2008 (c.14).

Article 2 makes interpretation provisions, article 3 explains that this Order makes provision in respect of the regulation of the profession of dispensers of hearing aids by the Health Professions Council (“the HPC”), article 4 allows for the making of transitional provisions and article 5 prescribes procedures for making orders of the Privy Council under the provisions of this Order.

Hearing aid dispensers will be required to register in the register maintained by the HPC under article 5 of the principal Order (“the HPC Register”), and arrangements are to be made under article 6 of this Order so that practitioners in the existing register maintained by the HAC are to be transferred to the HPC Register-although their home addresses are not to appear in the HPC Register without their consent (article 6(6)). Outstanding applications to go on to the HAC register will be dealt with by the HPC (article 6(4)). Persons not wishing to be transferred onto the HAC Register can apply to come off that register within 40 days (article 6(5)). Disciplinary cases being dealt with by the HAC before the transfer will be dealt with by the HPC in such manner as they see fit (article 6(7)). Article 6(8), (9) and (10) makes provision as regards outstanding appeals. The HPC and the HAC will be under a duty under article 6(1) to enter into prior arrangements to ensure that the necessary transfers take place.

Article 7 contains the amendments to the principal Order relevant to the designation of hearing aid dispensers as a regulated profession. In particular, the definition of a “relevant profession” for the purposes of the principal Order is expanded to include hearing aid dispensers which is defined in terms of people supplying hearing aids by way of retail sale or hire (article 7(5)).

Article 7(2) ensures that the transitional provisions which normally apply when new professions are regulated by the HPC will not apply in this case.

Article 7(3) makes it a criminal offence for a person to perform the functions of a dispenser of hearing aids without being on the HPC Register. The offences are not committed by specialists in otolaryngology, oto rhino laryngology or ENT surgery or by persons undertaking a course of education or training approved by the HPC.

Article 7(4) prevents a person who was on the register kept by the HAC from being a lay member of the HPC.

Article 8 ensures that the HAC will be able to perform any function relating to its dissolution during the period starting when the HPC takes on the HAC’s regulatory functions and ending when the HAC is finally dissolved. Article 9 makes provision in respect of the preparation of the HAC’s accounts for that period.

Article 10 amends the Health Professions (Parts of and Entries in the Register) Order of Council 2003 (S.I.2003/1571) to create both a new Part of the HPC’s register and a protected title for hearing aid dispensers.

Article 11 makes a consequential amendment in relation to change in competent authority for hearing aid dispensers. By this amendment, the Council is designated as the authority responsible for processing applications for entry to Part 14 of the HPC Register from migrants having similar qualifications recognised in the European Economic Area or Switzerland and for authorising those migrants to practise in the United Kingdom. This is in accordance with Council Directive 2005/36/EC on a second general system for the recognition of professional education and training, as amended and extended.

An impact assessment has been prepared in relation to this Order and is available from the Department of Health, Quarry House, Quarry Hill, Leeds, LS2 7UE.