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Freedom of movement of healthcare professionals across the community is to be welcomed, but there must be inviolate standards of fitness to practise, says Viscount Bridgeman.
The purpose of the debate tomorrow is to highlight the difficulties faced by healthcare professional regulators in meeting the language competence and fitness to practise requirements for nurses trained within the European Economic Area (EEA) and seeking employment in the UK.
The directive on the Mutual Recognition of Profession Qualifications of 2005 was the cornerstone of the freedom of movement concept within the single market. It has no requirement for the applicant to demonstrate language competence, in fact expressly prohibits testing of language competence. It only requires that he or she has met the minimum standards in training and qualifications. Provided these minimum standards are met, the regulator, in the majority of cases has no discretion but to permit authorisation. The standards were set over 30 years ago and do not account for significant changes in the profession including the move from acute to community setting..
This may be acceptable with the majority of professions covered by the directive, such as engineers or surveyors, however it is dangerously risky where healthcare professionals are concerned, where there is the additional consideration of patient safety. It is here that the directive, in its present form, is proving seriously inadequate.
Under the directive, the onus of establishing language competence rests at present with the employer. This is unsatisfactory for a number of reasons, among which is the lack of uniformity of standards which can cause aggravation and embarrassment, added to which the perceived inexperience of some hospital HR departments in assessing language skills. There have unfortunately been a number of incidents where applicants have slipped through the language net. The potential for incidents where contact with a patient is involved are potentially serious; whether it be the wrong dosage, failure to read (or complete) patient notes, or failing to understand an instruction in the theatre; all of these are disasters waiting to happen.
Freedom of movement of healthcare professionals across the community is to be welcomed, but there must be inviolate standards of fitness to practise (of which competence in the host's language is paramount).
Fortunately the government and the commission are in agreement on the need to address the situation however - "Tomorrow may be too late".
I shall be encouraging the government to fulfill its expressed intention to discuss with UK regulators interim measures that will allow them to be assured of an applicant’s language competency, ahead of a fundamental revision of the directive, which cannot realistically be less than two years away.
Viscount Bridgeman first entered the House of Lords in 1982, and has served as an opposition spokesperson for home affairs and Northern Ireland.
This is a background article ahead of Viscount Bridgeman's debate on Thursday September 8: to call attention to the disparity in the authorisation procedures for EEA and non-EEA citizens who are seeking to practice as health professionals in the United Kingdom.
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