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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The General Osteopathic Council (Continuing Professional Development) Rules Order of Council 2006 No. 3511 URL: http://www.bailii.org/uk/legis/num_reg/2006/20063511.html |
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Made | 18th December 2006 | ||
Laid before Parliament | 19th January 2007 | ||
Coming into force | 1st March 2007 |
and if the date on which an osteopath's name was first registered or restored to the register was 29th February, the anniversary of that date shall be taken to be 1st March;
CPD year, first CPD year and transitional CPD year: definitions
3.
—(1) This paragraph applies to an osteopath whose name is first registered or restored to the register on or after the date on which these Rules come into force.
(2) In relation to an osteopath to whom paragraph (1) applies—
(3) This paragraph applies to an osteopath whose name was already registered on the date on which these Rules come into force.
(4) In relation to an osteopath to whom paragraph (3) applies—
CPD requirement for osteopaths
4.
—(1) Subject to rule 7, every osteopath shall, during a CPD period, comply with the CPD requirement specified in this rule in relation to that period.
(2) Subject to rule 7, the CPD requirement for a CPD year shall consist of the completion of at least 30 hours of CPD and at least 15 of those hours shall involve the participation of the osteopath in learning with others.
(3) Subject to rules 5 and 7, the CPD requirement for the first CPD year shall consist of the completion of at least two and a half hours of CPD for each whole month in the first CPD year and at least one and a quarter of those hours for each such month shall involve the participation of the osteopath in learning with others.
(4) Subject to rule 7, the CPD requirement for the transitional CPD year shall consist of the completion of at least two and a half hours of CPD for each whole month in the transitional CPD year and at least one and a quarter hours for each such month shall involve the participation of the osteopath in learning with others.
(5) CPD completed in compliance with a conditions of practice order made under section 22(4)(b) or (8)(b) (consideration of allegations by the Professional Conduct Committee) or section 23(2)(a) or (5)(b) or (c) (consideration of allegations by the Health Committee) of the Act shall count towards the CPD requirement.
Exemption from CPD requirement (newly registered osteopaths)
5.
—(1) An osteopath whose name is first registered—
shall be exempt from the CPD requirement for the first CPD year specified in rule 4(3).
(2) In relation to an osteopath to whom paragraph (1) applies, rules 8 and 9 shall not apply during the first CPD year.
CPD during suspension
6.
An osteopath whose registration is suspended under any provision of the Act shall not engage during the period of his suspension, without the prior agreement in writing of the General Council, in any CPD that involves him in the management or treatment of, or the giving of advice to, a patient.
Power to extend time or vary the CPD requirement
7.
—(1) An osteopath may apply to the Registrar for—
(2) An application under paragraph (1) must—
(3) If, in the opinion of the Registrar, the osteopath has good reason for seeking an extension of time, reduction or other variation, the Registrar may—
(4) Where a decision has been made by the Registrar under paragraph (3)(a), the amount of CPD so specified shall form an additional part of the CPD requirement for the next CPD period.
(5) The amount of CPD specified by the Registrar in a decision under paragraph (3)(a) may be the subject of a further application by the osteopath under this rule.
CPD record
8.
—(1) An osteopath shall keep an up to date record of CPD completed during a CPD period ("a CPD record"), and it shall contain—
(2) An osteopath shall retain his CPD record for a minimum of five years following the end of the CPD period to which it relates.
(3) On receipt of a notice from the Registrar, the osteopath shall deliver his CPD record to the Registrar by the date specified in the notice, and the date so specified must be after the end of the period of 28 days beginning with the date on which the Registrar sent the notice to the osteopath.
Summary form
9.
—(1) The Registrar shall send to every osteopath annually—
{/d3}
the osteopath's name may be removed from the register.
(2) The summary form shall require the osteopath to—
(3) Where the summary form is not received by the Registrar by the return date, or it is received but it is not completed in accordance with paragraph (2), the Registrar shall send a notice of final warning to the osteopath warning him that—
the osteopath's name may be removed from the register.
Removal from the register
10.
—(1) Where, following a notice of final warning sent in accordance with rule 9(3), the summary form—
the Registrar may remove the osteopath's name from the register.
(2) Where the osteopath delivers the summary form duly completed but the Registrar is not satisfied from the information contained in it or otherwise that the osteopath has complied with the CPD requirement in respect of a particular CPD period, he shall send a notice to the osteopath which shall—
(3) Where, after considering any written representations submitted by the osteopath pursuant to paragraph (2)(b), the Registrar is not satisfied the osteopath has complied with the CPD requirement, the Registrar may—
(4) Where the Registrar has made a decision under paragraph (3)(b) to require an osteopath to complete further CPD hours, the osteopath shall deliver the completed summary form to the Registrar before the end of the period specified in the decision, and if—
the Registrar may remove the osteopath's name from the register.
(5) Where the Registrar makes a decision under paragraph (1), (3) or (4), he shall notify the osteopath in writing of the decision and the reasons for it and (except in the case of a decision under paragraph (3)(b)) of his right to appeal against it under rule 12.
(6) A decision by the Registrar under paragraph (1), (3)(a) or (4) shall take effect on the day when the period specified in rule 12(a) expires or, where there is an appeal by the osteopath, on the withdrawal or dismissal of the appeal.
Restoration to the register following removal under rule 10
11.
—(1) A person whose name has been removed from the register under rule 10 may apply to have his name restored to the register.
(2) Rules 4 and 5 of the General Osteopathic Council (Application for Registration and Fees) Rules 2000[2] shall apply to an application under paragraph (1), except that rule 4(2) and (3) of those Rules (requirement for character and health reference etc.) shall not apply in the case of an applicant whose application under paragraph (1) is received by the Registrar before the end of the period of 90 days beginning with the date on which his name was removed from the register under rule 10.
(3) Subject to paragraphs (4) and (5), an application made under paragraph (1) shall be accompanied by evidence that the applicant has—
(4) In respect of the CPD mentioned in paragraph (3)(b), at least one and a quarter hours for each such month shall be CPD which involves the participation of the applicant in learning with others.
(5) The maximum amount of CPD for which any applicant under this rule shall be required to provide evidence to the Registrar shall be 150 hours for the five years immediately preceding the date of the application.
(6) Whenever the Registrar refuses an application made under paragraph (1), he shall notify the applicant in writing of the decision and the reasons for it, and of his right to appeal against it under rule 12.
Appeals against decisions of the Registrar
12.
A person may appeal to the General Council against a decision by the Registrar to remove his name from the register under rule 10 or to refuse an application for restoration under rule 11 and that appeal—
Publication of names
13.
Where a decision by the Registrar to remove the name of a person from the register under rule 10 has taken effect in accordance with rule 10(6), the General Council may publish the name of the person in such manner as it deems fit.
CPD documents as evidence in fitness to practise procedures
14.
Any documents relating to CPD, compliance with the CPD requirement or sent in accordance with these rules may not be adduced in evidence in any fitness to practise hearing without the consent of the osteopath concerned unless—
Sending of notices
15.
—(1) Subject to paragraphs (2) and (3), any notice or form to be sent by the Registrar under these Rules shall—
(2) Subject to paragraph (3), a notice of final warning to be sent by the Registrar under rule 9(3) shall—
(3) Any notice or form to be sent by the Registrar under these Rules may be served by an electronic communication, but only if—
(4) In this rule, "electronic communication" has the same meaning as in the Electronic Communications Act 2000[4].
Given under the official seal of the General Osteopathic Council on
5th December 2006
L.S.
Nigel Clarke
Chairman
[2] Scheduled to S.I. 2000/1038.back
[3] Scheduled to S.I. 1999/1846.back