National Registration and the Intern Year
               Associate Professor Peter Procopis
          Member of the Medical Board of Australia         12 August 2011
      Chair, NSW Board of the Medical Board of Australia


                                                                 1
Overview


• Establishment of the national registration and accreditation scheme

• The intern year – draft registration standard

• Framework for accreditation of the intern year

• Performance assessment

• Mandatory notifications




                                                                        2
Background to the National Scheme


• 2006 - COAG commissioned Productivity Commission report


• March 2008 - COAG decided to establish a national scheme for the
  registration and regulation of health professions and the
  accreditation of their education and training


• 1 July 2010 – National Registration and Accreditation Scheme - new
  legislation, new structures and new regulatory framework in place




                                                                     3
Before July ’10…                    Since July ’10…


• Eight States and Territories   • One national scheme

                                 • 10 health profession boards
• >85 health profession boards
                                 • Nationally consistent
• 66 Acts of Parliament            legislation (largely)




                                                                 4
Health Professions in the Scheme

July 2010                             July 2012
1. chiropractors                      1. Aboriginal and Torres
2. dental care (including dentists,      Strait Islander health
   dental hygienists, dental             practitioners
   prosthetists & dental              2. Chinese medicine
   therapists),                          practitioners
3. medical practitioners              3. medical radiation
4. nurses and midwives                   practitioners
5. optometrists                       4. occupational therapists
6. osteopaths
7. pharmacists
8. physiotherapists
9. podiatrists
10.psychologists                                                   5
Legislation


• The Health Practitioner Regulation (Administrative Arrangements)
  National Law Act 2008 (Queensland) (Act A)
    – Set up the various structures


• Health Practitioner Regulation National Law Act 2009
    – Full provisions for operation of the scheme, commenced 1 July
      2010 (Act B)

• Adoption and Consequential Bills (Bill C)




                                                                      6
NSW Legislation


Acts passed in New South Wales parliament

•   19 November 2009 - Health Practitioner Regulation Act 2009 - adopts
    the National Law as a law of New South Wales with the exception of:
     – Definitions of health assessment, performance assessment,
        professional misconduct, unprofessional conduct and unsatisfactory
        professional performance, and
     – Provisions dealing with complaints, investigations, health and
        performance assessments, disciplinary proceedings

•   18 May 2010 Health Practitioner Regulation Amendment Bill 2010
    introduced provisions to deal with these residual matters

•   1 July 2010 Health Practitioner Regulation National Law (NSW) No. 86A
    commenced



                                                                             7
Structure

                                                          Ministerial Council




                                                               National                   Agency
                      Advisory Council
                      Health Workforce                         Boards               Management Committee
                      Advisory Council

                           Advice



          Accreditation                     National
           Authorities                      National
                                           Committees                                  National Office
     Accreditation Authorities
                                           Committees



                    Contract
                                    State/Territory/Regional
                                                                                      State and Territory
                                            Boards                        Support
                                                                                            Offices




                                                                                                            8
NRAS administrative framework

• Australian Health Workforce Ministerial Council,

• The independent Australian Health Workforce Advisory Council,

• The Australian Health Practitioner Regulation Agency – AHPRA

• an Agency Management Committee (AHPRA Board)

• National profession-specific boards (appointed on 31 August 2009)

• State Boards and Committees of the National Boards

• National office to support the operations of the scheme, and


                                                                      9
New South Wales structure




                            10
New South Wales structure


• National Law – Part 8 re Conduct, performance and impairment
  matters significantly different in NSW

• Councils established for each of the 10 professions, with a single
  NSW administrative support structure (Health Professional Councils
  Authority)

• Government continues to fund the Health Care Complaints
  Commission

• Decisions and any impacts on registration apply nationally

• AHPRA and National Board manage registration and accreditation

                                                                   11
Benefits of national registration

• Mobility: Register once and practise Australia-wide

• Consistency: National standards

• Efficiency: Reduced red tape (over time)

• Collaboration: Learning between professions

• Transparency: National registers online for all
Some key features of the national
scheme
• Criminal history and identity checks for all applicants

• Student registration

• Independent accreditation functions

• Mandatory continuing professional development for renewal of
  registration

• Mandatory professional indemnity insurance

• Mandatory notification

• National registration fee for each profession

                                                                 13
Role of National Boards

• Approve national standards, codes and guidelines

• Determine requirements for registration and register practitioners
  who meet the requirements

• Approve accredited programs of study

• Oversee receipt and handling of notifications (complaints) on health,
  performance and conduct – except for events in New South
  Wales

• Maintain registers (with AHPRA)

                                                                       14
The Medical Board of Australia


• 12 members
   – eight practitioners
   – four community members
   – appointed by the Ministerial Council

• Powers of the Board are defined by the National Law – Its role is to
  “protect the public” but also has workforce responsibilities

• National Board deals with policy, standards, codes and accreditation

• State Boards deal with individual registrant issues eg registration
  and impairment
                                                                        15
Registration standards
Board has developed a number of registration standards:
• Criminal history (common)
• English language requirements (common)
• Professional Indemnity Insurance arrangements
• Continuing Professional Development
• Recency of Practice
• Specialist registration
• Limited registration
• General registration – AMC certificate holders in std p’way
• General registration – interns (current consultation)

Must be approved from MinCo after wide ranging consultation

                                                                16
The intern year

• Before 1 July 2010 (18 Oct 2010 for WA):
   – each S & T Board determined requirements for general
     registration
   – Intern accreditation activities undertaken by PMCs/CETIs who
     reported to their S & T Board
   – Funding of accrediting bodies – mix of Board and health dept
   – High level of consistency of requirements and standards across
     jurisdiction
   – High level of disparity in relation to amount of funding from the
     Boards




                                                                     17
The intern year


• Post 1 July 2011 (and 18 Oct 2011 for WA):

   – MBA is responsibility for granting general registration under the
     National Law

   – Continuing to adopt previous requirements until the registration
     standard for the intern year is finalised

   – Board is continuing to fund PMCs/CETIs at the same level as
     pre 1 July 2010 with a 3% increase this year




                                                                         18
Work on the intern year



• The accreditation body for medicine is the Australian Medical
  Council (AMC)

• The AMC has been asked to provide advice on:
   – Standards for intern training
   – What should be expected of interns at the completion of the
     period to enable the MBA to grant general registration
   – How the AMC might apply a national framework for intern
     training accreditation to the current state-based accreditation
     processes to ensure that appropriate and consistent standards
     are in place in all jurisdictions


                                                                       19
Draft registration standard


• Board/AMC working party formed (incl CPMC representative and
  junior doctor)

• Developed a draft standard for granting general registration
  following internship

• In consultation phase – feedback from CETI please




                                                                 20
Key features on draft registration
standard

• Retain minimum service – 47 weeks

• Retain rotations (medicine/surgery/emergency)

• Aimed for flexibility - address workforce needs and enable training
  for increased numbers of medical graduates while ensuring the
  intern year meets educational needs of interns

• Freeing up of rotations with focus on experience
   – General medicine                    Medicine
   – General surgery                     Surgery
   – Emergency medicine                  Emergency medical care

                                                                        21
Rotation in “Emergency Medical Care”

• Board is interested in hearing feedback on this

• Insufficient number of rotations in emergency departments

• Exposure to emergency medicine is important. Junior doctors are
  very keen to continue to receive this experience

• Can experience be obtained outside of metro emergency
  departments eg rural general practice with hospital duties

• Guidelines to be developed


                                                                    22
Key features of draft registration
standard




• Retain accreditation of rotations
   – Details to be determined

• Provide for part-time internships

• Provide for overseas rotations




                                      23
National framework for intern training


• Further work to be undertaken by the AMC for the Board

• Challenge is to develop a national framework for intern training
  accreditation that:
   – Is consistent across jurisdictions
   – Is responsive
   – Is flexible
   – Is equitably funded
   – Allows for innovation




                                                                     24
Intern in difficulty


• No change in the approach to managing the intern in difficulty

• Local management, supports etc

• Involve AHPRA/MBA if:
   – Required to do so by the National Law
   – Not responding to local measures




                                                                   25
Performance assessments


• No changes in the process for performance assessments in NSW

• Nationally, performance assessments are a feature of the National
  Law

• Prior to 1 July 2010, some states used performance assessments

• National Board work plan includes promotion of performance
  assessments in all jurisdictions – working group to develop
  assessment tools, assessors etc

• Not an appropriate tool for intern level

                                                                      26
Mandatory notifications – registered
practitioners




• Practitioners and employers must report a registrant who they
  believe has engaged in notifiable conduct



• Belief formed through the practice of the profession




                                                                  27
What is notifiable conduct?


• The practitioner has:
   – Practised the profession whilst intoxicated by alcohol or drugs,
     or
   – Engaged in sexual misconduct in connection with the practice
     of the profession, or
   – Placed the public at risk of substantial harm in the practice of
     the profession because the practitioner has an impairment, or
   – Placed the public at risk of harm because the practitioner has
     practised in a way that constitutes a significant departure from
     accepted professional standards



                                                                    28
Mandatory reporting


• Threshold for reporting is high –
  • For example, impairment is only notifiable if it is placing the
     public at substantial risk of harm

• Notifiers are protected under the National Law – if notifications
  made in good faith (civil, criminal or under an administrative
  process)

• No significant increase in number of notifications to AHPRA or to
  doctors health services (though incr in the number of inquiries about
  mandatory reporting obligations)


                                                                      29
QUESTIONS?




             30

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Associate Professor Peter Procopis presentation

  • 1. National Registration and the Intern Year Associate Professor Peter Procopis Member of the Medical Board of Australia 12 August 2011 Chair, NSW Board of the Medical Board of Australia 1
  • 2. Overview • Establishment of the national registration and accreditation scheme • The intern year – draft registration standard • Framework for accreditation of the intern year • Performance assessment • Mandatory notifications 2
  • 3. Background to the National Scheme • 2006 - COAG commissioned Productivity Commission report • March 2008 - COAG decided to establish a national scheme for the registration and regulation of health professions and the accreditation of their education and training • 1 July 2010 – National Registration and Accreditation Scheme - new legislation, new structures and new regulatory framework in place 3
  • 4. Before July ’10… Since July ’10… • Eight States and Territories • One national scheme • 10 health profession boards • >85 health profession boards • Nationally consistent • 66 Acts of Parliament legislation (largely) 4
  • 5. Health Professions in the Scheme July 2010 July 2012 1. chiropractors 1. Aboriginal and Torres 2. dental care (including dentists, Strait Islander health dental hygienists, dental practitioners prosthetists & dental 2. Chinese medicine therapists), practitioners 3. medical practitioners 3. medical radiation 4. nurses and midwives practitioners 5. optometrists 4. occupational therapists 6. osteopaths 7. pharmacists 8. physiotherapists 9. podiatrists 10.psychologists 5
  • 6. Legislation • The Health Practitioner Regulation (Administrative Arrangements) National Law Act 2008 (Queensland) (Act A) – Set up the various structures • Health Practitioner Regulation National Law Act 2009 – Full provisions for operation of the scheme, commenced 1 July 2010 (Act B) • Adoption and Consequential Bills (Bill C) 6
  • 7. NSW Legislation Acts passed in New South Wales parliament • 19 November 2009 - Health Practitioner Regulation Act 2009 - adopts the National Law as a law of New South Wales with the exception of: – Definitions of health assessment, performance assessment, professional misconduct, unprofessional conduct and unsatisfactory professional performance, and – Provisions dealing with complaints, investigations, health and performance assessments, disciplinary proceedings • 18 May 2010 Health Practitioner Regulation Amendment Bill 2010 introduced provisions to deal with these residual matters • 1 July 2010 Health Practitioner Regulation National Law (NSW) No. 86A commenced 7
  • 8. Structure Ministerial Council National Agency Advisory Council Health Workforce Boards Management Committee Advisory Council Advice Accreditation National Authorities National Committees National Office Accreditation Authorities Committees Contract State/Territory/Regional State and Territory Boards Support Offices 8
  • 9. NRAS administrative framework • Australian Health Workforce Ministerial Council, • The independent Australian Health Workforce Advisory Council, • The Australian Health Practitioner Regulation Agency – AHPRA • an Agency Management Committee (AHPRA Board) • National profession-specific boards (appointed on 31 August 2009) • State Boards and Committees of the National Boards • National office to support the operations of the scheme, and 9
  • 10. New South Wales structure 10
  • 11. New South Wales structure • National Law – Part 8 re Conduct, performance and impairment matters significantly different in NSW • Councils established for each of the 10 professions, with a single NSW administrative support structure (Health Professional Councils Authority) • Government continues to fund the Health Care Complaints Commission • Decisions and any impacts on registration apply nationally • AHPRA and National Board manage registration and accreditation 11
  • 12. Benefits of national registration • Mobility: Register once and practise Australia-wide • Consistency: National standards • Efficiency: Reduced red tape (over time) • Collaboration: Learning between professions • Transparency: National registers online for all
  • 13. Some key features of the national scheme • Criminal history and identity checks for all applicants • Student registration • Independent accreditation functions • Mandatory continuing professional development for renewal of registration • Mandatory professional indemnity insurance • Mandatory notification • National registration fee for each profession 13
  • 14. Role of National Boards • Approve national standards, codes and guidelines • Determine requirements for registration and register practitioners who meet the requirements • Approve accredited programs of study • Oversee receipt and handling of notifications (complaints) on health, performance and conduct – except for events in New South Wales • Maintain registers (with AHPRA) 14
  • 15. The Medical Board of Australia • 12 members – eight practitioners – four community members – appointed by the Ministerial Council • Powers of the Board are defined by the National Law – Its role is to “protect the public” but also has workforce responsibilities • National Board deals with policy, standards, codes and accreditation • State Boards deal with individual registrant issues eg registration and impairment 15
  • 16. Registration standards Board has developed a number of registration standards: • Criminal history (common) • English language requirements (common) • Professional Indemnity Insurance arrangements • Continuing Professional Development • Recency of Practice • Specialist registration • Limited registration • General registration – AMC certificate holders in std p’way • General registration – interns (current consultation) Must be approved from MinCo after wide ranging consultation 16
  • 17. The intern year • Before 1 July 2010 (18 Oct 2010 for WA): – each S & T Board determined requirements for general registration – Intern accreditation activities undertaken by PMCs/CETIs who reported to their S & T Board – Funding of accrediting bodies – mix of Board and health dept – High level of consistency of requirements and standards across jurisdiction – High level of disparity in relation to amount of funding from the Boards 17
  • 18. The intern year • Post 1 July 2011 (and 18 Oct 2011 for WA): – MBA is responsibility for granting general registration under the National Law – Continuing to adopt previous requirements until the registration standard for the intern year is finalised – Board is continuing to fund PMCs/CETIs at the same level as pre 1 July 2010 with a 3% increase this year 18
  • 19. Work on the intern year • The accreditation body for medicine is the Australian Medical Council (AMC) • The AMC has been asked to provide advice on: – Standards for intern training – What should be expected of interns at the completion of the period to enable the MBA to grant general registration – How the AMC might apply a national framework for intern training accreditation to the current state-based accreditation processes to ensure that appropriate and consistent standards are in place in all jurisdictions 19
  • 20. Draft registration standard • Board/AMC working party formed (incl CPMC representative and junior doctor) • Developed a draft standard for granting general registration following internship • In consultation phase – feedback from CETI please 20
  • 21. Key features on draft registration standard • Retain minimum service – 47 weeks • Retain rotations (medicine/surgery/emergency) • Aimed for flexibility - address workforce needs and enable training for increased numbers of medical graduates while ensuring the intern year meets educational needs of interns • Freeing up of rotations with focus on experience – General medicine Medicine – General surgery Surgery – Emergency medicine Emergency medical care 21
  • 22. Rotation in “Emergency Medical Care” • Board is interested in hearing feedback on this • Insufficient number of rotations in emergency departments • Exposure to emergency medicine is important. Junior doctors are very keen to continue to receive this experience • Can experience be obtained outside of metro emergency departments eg rural general practice with hospital duties • Guidelines to be developed 22
  • 23. Key features of draft registration standard • Retain accreditation of rotations – Details to be determined • Provide for part-time internships • Provide for overseas rotations 23
  • 24. National framework for intern training • Further work to be undertaken by the AMC for the Board • Challenge is to develop a national framework for intern training accreditation that: – Is consistent across jurisdictions – Is responsive – Is flexible – Is equitably funded – Allows for innovation 24
  • 25. Intern in difficulty • No change in the approach to managing the intern in difficulty • Local management, supports etc • Involve AHPRA/MBA if: – Required to do so by the National Law – Not responding to local measures 25
  • 26. Performance assessments • No changes in the process for performance assessments in NSW • Nationally, performance assessments are a feature of the National Law • Prior to 1 July 2010, some states used performance assessments • National Board work plan includes promotion of performance assessments in all jurisdictions – working group to develop assessment tools, assessors etc • Not an appropriate tool for intern level 26
  • 27. Mandatory notifications – registered practitioners • Practitioners and employers must report a registrant who they believe has engaged in notifiable conduct • Belief formed through the practice of the profession 27
  • 28. What is notifiable conduct? • The practitioner has: – Practised the profession whilst intoxicated by alcohol or drugs, or – Engaged in sexual misconduct in connection with the practice of the profession, or – Placed the public at risk of substantial harm in the practice of the profession because the practitioner has an impairment, or – Placed the public at risk of harm because the practitioner has practised in a way that constitutes a significant departure from accepted professional standards 28
  • 29. Mandatory reporting • Threshold for reporting is high – • For example, impairment is only notifiable if it is placing the public at substantial risk of harm • Notifiers are protected under the National Law – if notifications made in good faith (civil, criminal or under an administrative process) • No significant increase in number of notifications to AHPRA or to doctors health services (though incr in the number of inquiries about mandatory reporting obligations) 29