Mandatory and Statutory qualifications

[Guest guest]

Like many (but I gather, not all) CPHVA members, I received a letter last

week, signed by Jackie Carnell and ine Pearson about the draft Nursing

and Midwifery Order.

I was amazed that it suggested that I supported a position that I think

is very confused and that I have consistently advised against. I

am very distressed at that implication, but more importantly, I am worried

that the CPHVA position has not grasped what is needed to ensure a proper

regulatory process for health visiting. I would be interested in

hearing what other people thought when they received the letter.

The confusion may be because the term 'mandatory qualification' is being

used, which is not relevant to the regulatory process. The differences

are difficult to understand, so I have written a third briefing paper that

sets these out (attached). In brief, health visiting is a statutory qualification

because:

1. The qualification that is acknowledged in law: in the National

Health Service (Qualification of Health Visitors) Act 1972 is the current

statute for health visitors.

2. It is regulated as a profession, in law. The Nurses, Midwives

and Health Visitors Act 1997 which sets out conditions for maintaining

a register of health visitors.

3. Conditions for entry to the Register and the right to use the title

of registered health visitor are laid down in the Nurses, Midwives

and Health Visitors (Training) Amendment Rules Approval Order 2000 (Statutory

Instrument 2000 No. 2554).

The proposed ‘Nursing and Midwifery Order 2001’ only affects

the middle one of these (point 2). It does allow for a health visiting

register and for health visiting representatation on Council, but this

is not clear, because the whole Order avoids mentioning the term 'health

visiting,' presuming instead, that health visitors are nurses so the term

'nursing' is sufficient to describe them. That is the basis for the

confusion, and that is why our MAYDAY campaign has campaigned for changes

to be made to the title of the Order and of Council.

A mandatory qualification is introduced if the government of the day

decides it is necessary for a specific activity to be carried out by someone

with a particular qualification. It is extremely rare for this to

be deemed necessary, so there are very few instances when a qualification

is made mandatory. Health visiting is not a mandatory qualification.

The reason that health visitors have to be employed to do health visiting

(or nurses to do nursing, come to that), is because only health visitors

are qualified to do the job. All registrants are accountable for

their practice, but health visitors are accountable as health visitors,

not just as nurses. Seeking a mandatory qualification is very

different from ensuring the regulatory process is maintained.

Five of us went to meet Ros Mead yestrerday, who is the civil servant

responsible for drafting the Order. I will report baack in a separate

email.

Best wishes