Draft Continuing Professional Development Rules Order of Council Public Consultation

Item 10 Council 5 December 2013 Draft Continuing Professional Development Rules Order of Council Public Consultation Purpose of paper Action Public/Private Corporate Strategy 2013-15 Business Plan 2013 Decision Trail To propose draft CPD rules for public consultation. For decision Public 2.0 Deliver proportionate and targeted regulation of dental professionals to improve public protection and enable the public to have confidence in dental regulation. 2.5 Complete the development and piloting of a revalidation scheme aimed at ensuring dentists remain fit to practise. Revalidation 1. Develop a scheme based on the 3 stage model of revalidation. 2. Undertake the CPD review and contribute to the preparation for introduction of revalidation. 26 September 2013, Council: Item 14 Revalidation Working Group Final Report 28 March 2013, Council: Item 11 GDC Response to CPD Consultation 2 August 2012, Council: Draft Consultation Enhanced Continuing Professional Development Consultation Recommendations The Council is invited to approve the draft rules for public consultation. Authorship of paper and further information Appendices Claire Herbert, Head of Policy (Continuing Assurance & Revalidation) cherbert@gdc-uk.org Elizabeth Petch, Solicitor epetch@gdc-uk.org Appendix 1 Risks and Considerations Appendix 2 draft General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals ) Rules Order of Council Appendix 3 draft consultation document Page 1

Executive Summary 1. The report sets out the draft CPD rules and a consultation document in relation to a new, enhanced scheme of CPD. 2. The proposed enhancements to the existing CPD scheme are intended to make an important contribution to the GDC s continuing assurance programme of policy development, leading to revalidation in due course. Introduction and background 3. The GDC has been engaged in producing the draft General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules Order of Council since February 2013. This work has been done in conjunction with the Department of Health, and with the advice of internal and external lawyers. 4. Sections 34A, 34AA and 34B (in respect of Dentists) and sections 36Z1 and 36Z2 (in respect of DCPs) of the Dentists Act 1984 provide the power to make rules for continuing professional development. The current General Dental Council (Continuing Professional Development) (Dentists) Rules Order of Council 2008 and General Dental Council (Continuing Professional Development) (Professions Complementary to Dentistry) Rules Order of Council 2008 would be revoked at the coming into force of any new rules. Draft CPD rules 5. The draft rules follow on from the GDC s earlier consultation on CPD held from October 2012 to January 2013, which indicated strong support for the GDC s proposals. 6. The purpose of the draft rules is to provide the GDC with the power to implement a model of CPD that will enhance the current requirements, which have been in place since 2008. This is in order to meet our on-going regulatory purposes including in preparation for a proposed future scheme of revalidation. CPD has been a requirement of GDC registration since 2002. 7. Key policy factors in developing the draft rules have been: to optimise the quality and impact of CPD on dental practice; the contribution that the GDC s CPD requirements can make to continuing assurance of practice; and as an important precursor to a scheme of revalidation. The draft rules are also intended to contribute to a proportionate and responsive approach to regulation, through timely information gathering, monitoring and enforcement, for the purposes of patient protection. 8. The proposed draft rules should be seen in the wider context of the Francis Report and the Government s recent response to that report, published on 19 November 2013. There, the Government set out that Revalidation has the potential to have a significant positive impact on the quality of care for patients 1. The Government s response also acknowledged that education and training are a critical aspect of culture change for patient care and went on to commit Health Education England and others to act to improve continuing professional development 2. It stated that education and training should be a running theme throughout a health and care practitioner s career 3, and highlighted three related areas for action by Health Education England and other organisations: continuous development and appraisal ensuring it meets development needs; education and training - emphasising multi-disciplinary team working; and education and training - placing quality at the centre 4. 1 Hard Truths: The journey to putting patients first Volume One of the Governments Response to the Mid Staffordshire NHS Foundation Trust Public Inquiry November 2013 para. 4.21 p80 https://www.gov.uk/government/publications/mid-staffordshire-nhs-ft-public-inquirygovernment-response 2 ibid para. 63 p20 3 ibid para. 5.5 p93 4 ibid para. 5.7 p93 Page 2

9. The draft rules developed out of a review of CPD that was launched by the GDC in summer 2011. The review process included a range of information gathering, research and consultation. 10. The main inputs to date, have been: Research: Literature review on the effectiveness of CPD in dentistry (Professor Ken Eaton et al, 2011) Registrant and provider perspectives on CPD in dentistry (ERS: Research, 2012) Evaluation of supporting evidence for revalidation (Picker Institute, 2012) Rapid Industry Assessment of CPD in Dentistry ( in preparation ICF GHK Ltd) Independent Analysis of Economic Costs and Regulatory Benefits of Enhanced CPD for Dental Professionals in the UK (in preparation Europe Economics) Public Consultation/Calls for Information: Open Call for Views on CPD, 2011 Continuing Professional Development for assurance of continuing fitness to practise public consultation, Oct 2012 to Jan 2013 Quality of CPD in Dentistry: a call for information, May to June 2013 Public Statements and discussion documents Post-consultation Statement on CPD and Continuing Assurance of Fitness to Practise, 2013 Maintaining Quality and Impact of CPD in Dentistry Discussion Document, 2012 Stakeholder Engagement Over 30-related stakeholder speaking engagements, 2011-13 Maintaining Quality and Impact of CPD in Dentistry one-day conference, 2012 Establishment of a Revalidation Stakeholder Forum, 2012 Key aspects of the draft rules Input and outcomes-based requirements 11. The draft rules provide for a minimum amount of CPD that must be undertaken during a fiveyear period but directly reflect the different professional groups regulated by the GDC. The proposed hours requirement was also bench-marked against a sample of oversees dental regulators. In addition, the 2012 consultation indicated that 83% of respondents agreed with the proposed minimum hours requirement. 12. The 2012 consultation found that 67% of respondents agreed with linking high level CPD learning outcomes to the GDC s Standards. Recent legal opinion has also pointed out the necessity of the GDC being able to assess whether the outcomes have been met. In this Page 3

light, it could be argued that the rules are thereby stronger and clearer by specifying distinct high level outcomes in accordance with rule 1. This could provide a firmer basis on which the GDC could make such an assessment, than a generic link to the Standards would allow. Planning and reflection 13. The draft rules would require registrants to prepare and maintain a plan of the CPD they intend to undertake as part of their CPD record in accordance with rule 3. The GDC s Literature Review of Effectiveness of CPD in Dentistry, completed by Professor Kenneth Eaton in 2011, indicated the contribution that planning and reflection may make to effective CPD. This is also crucial to ensuring CPD meets the needs of the individual professional development needs of the registrant and the wider needs of dentistry. The GDC s current CPD guidance already advises upon the value of planning CPD. Similarly, there is an established body of literature in the educational, learning and development field that recognises the significance of planning and reflection. 64.3% of respondents to the GDC s earlier CPD consultation agreed with making CPD planning a mandatory requirement. Temporary Registrants 14. The GDC has the power to give temporary registration directions under section 17 of the Dentists Act 1984. Approximately 200 practitioners are registered on this basis at any one time. The pattern of practice for temporary registration is different to other forms of registration as set out in the GDC s Temporary Registration Guidelines. The draft rules have sought to reflect this in a way that is fair and proportionate, defining a CPD year and CPD cycle in respect of temporary registrants and a minimum of 20 hours CPD each CPD year. CPD topics 15. The Revalidation Working group (RWG) concluded that the new CPD rules should not introduce the concept of mandatory CPD topic, even though the earlier CPD consultation indicated a high level of support for making certain CPD topics mandatory. This is because of the risk that mandatory topics may significantly skew CPD provision to the detriment of broader provision. The emerging findings of our more recent CPD industry assessment (being undertaken by ICF GHK Ltd) indicates that 1/3 of CPD providers primarily delivered core CPD topics last year. It is proposed that guidance will be provided for registrants on certain topic areas where appropriate, but the responsibility of ensuring that CPD provision adequately reflects the needs of dental practice should rest with the dental sector and CPD providers. 16. The Executive Management Team considered the development of the rules on 22 April, 7 October and 18 November 2013. The former Revalidation Working Group also considered earlier versions of the rules at their meetings on 3 May, 5 July and 12 September 2013. Risks and Considerations 17. Appendix 1 sets out the relevant risks and considerations. Recommendations 18. The Council is invited to approve the draft rules for public consultation. Page 4

APPENDIX 1: RISKS AND CONSIDERATIONS Risks and Considerations Public Protection The draft rules setting out proposed enhanced CPD requirements contribute to patient protection by providing a framework for registrants keeping their skills, knowledge and behaviours up to date in order to support them to practise in accordance with the GDC s Standards. They also enable the GDC to take prompt action for non-compliance, so contributing to a responsive approach to regulation. Policy The draft rules reflect the GDC s policy development in the area of continuing assurance; revalidation; standards. Communications The Communications Team is currently preparing a multi-phased communications plan that would commence with the consultation phase. The consultation is proposed to run from 11 December 2013 to 21 March 2014. The introduction of an enhanced scheme of CPD would represent a key internal and external change programme. Such a change would particularly impact on every GDC registrant (including Temporary Registrants), and any individual seeking to return to the GDC register after a period away for any reason; CPD providers; educators and trainers; employers and commissioners of dental services. Equality and Diversity At the time of writing Europe Economics were preparing an assessment of regulatory impacts and benefits of enhanced CPD for the GDC. This will take into account equality and diversity implications. This will be considered once completed and feed in to an EIA. The consultation feedback is also an important source of information that will contribute to the EIA as appropriate. Legal The rules have been drafted with advice from Corporate Legal. Risks Delay to introducing new CPD rules: The Department of Health in England is believed to expect nonmedical regulators to have made active progress in implementing continuing assurance measures by 2015. The draft rules for CPD make an important contribution to this. Due to the CPD cycle dates remaining fixed and delay to implementing in 2015 would create a further 12 month delay. Sign off Tim Whitaker Tim Whitaker Tim Whitaker Tim Whitaker Frances Low Tim Whitaker

This risk is being mitigated by prioritising progress towards an enhanced scheme of CPD from 2015 through concurrent policy development and operational planning. These draft rules are a fundamental part of this. Resources The cost of these proposals is within the budget set by the Council. Graham Masters

Version 12: 15 November 2013 STATUTORY INSTRUMENTS 2013 No. 000 HEALTH CARE AND ASSOCIATED PROFESSIONS DENTISTS AND DENTAL CARE PROFESSIONALS The General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules Order of Council 2013 Made - - - - *** Laid before Parliament *** Coming into force - - *** At the Council Chamber, Whitehall the *** day of *** 2013 By the Lords of Her Majesty s Most Honourable Privy Council The General Dental Council has made the General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules 2013 which are set out in the Schedule to this Order, in exercise of the powers conferred by sections 34A(1) and (4), 34B, 36Z1(1) and (4), 36Z2, 50A(6) and (7), and 50C(5) and (6) of the Dentists Act 1984(a). By virtue of sections 50C(2) and (3)(b) of that Act, these Rules are not to have effect until approved by order of the Privy Council. Citation and commencement 1. This Order may be cited as the General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules Order of Council 2013 and comes into force on xxx 2014. Privy Council approval 2. Their Lordships, having taken these Rules into consideration, are pleased to and do approve them. Name Clerk of the Privy Council (a) 1984 c.24. Section 34A and 34B were substituted by SI 2005/2011 art 27; sections 36Z1 and 36Z2 were inserted by SI 2007/3101 reg 121; and sections 50A and 50C were inserted by SI 2005/2011 art 43 (b) Section 50C(2) was substituted by SI 2009/1182 Sch 1 para 10

SCHEDULE General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules 2013 The General Dental Council, in exercise of their powers under sections 34A(1) and (4), 34B, 36Z1(1) and (4), 50A(6) and (7), and 50C(5) and (6) of the Dentists Act 1984(a), make the following Rules Citation, commencement and interpretation 1. (1) These Rules may be cited as the General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules 2013 and come into force on xxx 2014. (2) In these Rules the Act means the Dentists Act 1984; CPD means continuing professional development through learning, training, or other developmental activities which (a) can reasonably be expected to maintain and develop a person s practice as a dentist or dental care professional; and (b) is relevant to the person s field of practice; CPD cycle means, in respect of (a) a dentist, a period of five years beginning on 1 January in the year following the date they are first registered and each subsequent period of five years; (b) a dental care professional, a period of five years beginning on 1 August in the year following the date they are first registered and each subsequent period of five years; (c) a temporary registrant, an accumulation of 1825 days of temporary registration beginning on the first day of temporary registration; CPD record means the record kept by a practitioner in accordance with rule 3; CPD requirement means the number of CPD hours required to be undertaken in accordance with rule 2; CPD year means, in respect of (a) a dentist, a period of 12 months beginning on 1 January in any calendar year; (b) a dental care professional, a period of 12 months beginning on 1 August in any calendar year; and (c) a temporary registrant, an accumulation of 365 days of temporary registration; dental care professional means, a registered dental care professional(b); dentist means a registered dentist(c); field of practice in respect of a person means the activities that comprise the person s practice and intended practice, having regard to the title under which they are registered or in respect of which they are applying for restoration to the register, or area of specialist practice, within that title; learning outcome means, an outcome intended to maintain or achieve a standard of conduct, performance and practice for dentists or dental care professionals (as the case may (a) 1984 c.24 (b) Registered dental care professional is defined in section 53 of the Act to mean a person for the time being registered in the dental care professionals register under a title or titles. (c) Registered dentist is defined in section 53 of the Act to mean (subject to section 17(4) of the Act)) a person for the time being registered in the register. 2

be) relating to the guidance prepared by the Council under section 26B(1) and 36M(1)(a) (as amended from time to time) and achieving one or more of the following in part or full: (a) effective communication with patients, the dental team, and others across dentistry, in all relevant circumstances, including when obtaining consent, dealing with complaints, and raising concerns where patients are at risk; (b) effective management of oneself, and effective management of, or work with, others in the dental team, to serve the interests of patients at all times, and provide constructive leadership where appropriate; (c) maintenance and development of knowledge and skill within a practitioner s field of practice; (d) maintenance of skills, behaviours and attitudes which maintain patient confidence in the practitioner and the dental profession and put patients interests first; practitioner means, a dentist or a dental care professional other than a person referred to in section 34AA(1) or 36Z4(1); register (a) in respect of a dentist, means the dentists register; (b) in respect of a dental care professional, means the dental care professionals register established under section 36B(1); and in both cases registered shall be construed accordingly; temporary registrant means a person registered under section 17. (3) In these Rules, references to numbered Parts, sections and subsections are references to so numbered Parts, sections and subsections of the Act. CPD requirement 2. (1) For each CPD cycle, the practitioner must satisfy the following conditions (a) subject to paragraph (b), the practitioner must complete the minimum number of hours of CPD set out in the entry in column 2 in the table below which corresponds with the entry in column 1 in respect of the title under which they are registered; Column 1 Column 2 Title Minimum hours of CPD per cycle Dentists 100 Dental therapists 75 Dental hygienists 75 Orthodontic therapists 75 Clinical dental technicians 75 Dental nurses 50 Dental technicians 50 (b) where a person is registered under more than one title, they must complete the minimum number of hours of CPD specified in respect of the highest of the entries in the table under column 2 which apply to that person; (c) the CPD undertaken in each CPD cycle must include activities relevant to each field of practice within which the practitioner practised during that cycle. (2) A practitioner must undertake a minimum number of hours of CPD as follows (a) in respect of a temporary registrant, 20 hours of CPD during each CPD year; (b) in respect of any other practitioner, 10 hours of CPD during each period of two consecutive CPD years. (a) Standards for the Dental Team 3

(3) Any CPD undertaken by the practitioner shall only count towards the minimum number of hours referred to in sub-paragraphs (1) and (2) if the following provisions have been satisfied (a) there is documentary evidence from the provider of the CPD (i) of the subjects, learning content, aims, objectives and anticipated learning outcomes of the CPD and the date that the CPD was undertaken; (ii) that the practitioner has participated in full in the CPD activity; (iii) that the CPD is subject to quality assurance and the name of the person or body providing the quality assurance is provided; (iv) signed by the individual providing the CPD activity stating that the documentary evidence is accurate; and (b) the practitioner is able to identify a learning outcome delivered from the CPD which was identified in the CPD record in accordance with rule 3(2)(a) and is subsequently recorded in accordance with rule 3(2)(b). CPD record 3. (1) A practitioner must keep an up-to-date record in writing relating to all CPD that the practitioner plans to undertake and has undertaken during the CPD cycle. (2) The CPD record shall comprise (a) a plan which identifies (i) the CPD which the practitioner plans to undertake during the relevant CPD cycle; (ii) the learning outcome which the CPD identified under sub-paragraph (2)(a)(i) aims to meet; (iii) a timeframe for completing the CPD identified in sub-paragraph (2)(a)(i); (b) once undertaken, a description of the CPD, the date it was undertaken and the number of hours attributed to the CPD; (c) the documentary evidence referred to in rule 2(3)(a) in relation to the CPD undertaken; and (d) the learning outcome achieved in part or in full from the CPD undertaken. (3) A practitioner shall retain the CPD record for five years after the end of the CPD cycle to which it relates. Annual CPD statement 4. (1) For each CPD year, a practitioner must, within the notice period, submit to the registrar a statement ( annual CPD statement ) which provides the following information (i) the number of hours of CPD undertaken by the practitioner during the CPD year to which the statement relates, or (ii) if the practitioner has not undertaken any CPD in that CPD year, confirmation that no CPD has been undertaken; and (iii) confirmation that the practitioner has kept a CPD record in accordance with rule 3; and (iv) confirmation that the CPD undertaken was relevant to the practitioner s field of practice during the cycle; and includes a declaration by the practitioner that the information contained within the statement is full and accurate. (2) In the final CPD year of the CPD cycle, the annual CPD statement shall also include the total number of hours of CPD undertaken by the practitioner during the whole CPD cycle. 4

(3) In this rule notice period means the period of time not exceeding three months before the end of the relevant CPD year and one week after the end of the CPD year to which the statement relates. Notice to submit CPD record 5. (1) The registrar may, at any time during a CPD cycle or within the period of five years after the end of a CPD cycle, by written notice, require a practitioner to submit to the registrar (a) the practitioner s CPD record in relation to part of the current CPD cycle; (b) the practitioner s CPD record for the whole of the CPD cycle which has most recently finished; (c) any further documents or information the registrar considers relevant to their assessment of the practitioner s compliance with the requirements of these Rules. (2) The notice referred to in paragraph (1) must specify a date, not less than 28 days after the date on which the notice was sent, by which the registrar must receive from the practitioner the documents required in the notice. Notice for failure to comply with the CPD requirement or CPD record 6. (1) Where the registrar is not satisfied that the practitioner has met the requirements in any of rules 2, 3,13(2) and (3), the registrar must send a notice to the practitioner (a) stating the reasons why the registrar is not satisfied that the practitioner has met the requirements in any of the rules 2, 3, 13(2) or (3) (as the case may be); (b) inviting the practitioner to make written representations or submit written evidence to the registrar on the matters specified in the notice; (c) specifying a date, not less than 28 days after the date on which the notice is sent, by which the registrar must receive the practitioner s response to the notice; (d) informing the practitioner that the person may be erased from the register or, in the case of a dental care professional, any of the titles under which the dental care professional is registered, if (i) the registrar remains not satisfied that the practitioner has met the requirement in any of rules 2, 3, 13(2) or (3), after considering any representations made by the practitioner under sub-paragraph (b); or (ii) the registrar does not receive from the practitioner any representations in response to the notice within the time limit specified by virtue of paragraph (c). Notice for failure to submit documents 7. (1) Where the practitioner has failed to comply with either of the following requirements (a) to submit an annual CPD statement and declaration in accordance with rule 4, (b) to submit the whole or part of a CPD record or any further documents requested in accordance with rule 5, the registrar may send a notice to the practitioner requiring the practitioner to comply with any of the requirements referred to in paragraph (1) for which the practitioner has failed to comply. (2) The notice must (a) state the requirements referred to in paragraph (1) with which the practitioner must comply; (b) specify a date, not less than 28 days after the date on which the notice is sent, by which the practitioner must demonstrate to the registrar compliance with the notice; (c) inform the practitioner that the person may be erased from the register or, in the case of a dental care professional, any of the titles under which the dental care professional is 5

registered, if the practitioner fails to demonstrate to the registrar compliance with the notice within the time-limit specified by virtue of sub-paragraph (b). Erasure from the register 8. (1) The registrar may erase the practitioner s name from the register or, in the case of a dental care professional, any of the titles under which the dental care professional is registered if (a) after considering any written representations made or written evidence submitted by the practitioner in response to a notice sent under rule 6, the registrar is not satisfied that the practitioner has met the requirements under rules 2, 3, 13(2) or (3) (as the case may be); (b) the registrar has not received from the practitioner any representations in response to the notice sent under rule 6 within the time-limit specified in the notice by virtue of paragraph (c) of that rule; or (c) the practitioner has failed to demonstrate to the registrar compliance with a notice sent under rule 7(1) within the time-limit specified in the notice by virtue of paragraph (2)(b) of that rule (a). Grace period 9. (1) A practitioner who has not complied with the CPD requirement as set out in rule 2 in respect of a CPD cycle may, before the end of the CPD cycle, apply in writing to the registrar for a further period in which to complete the outstanding CPD in respect of that cycle (a period of grace ). (2) The registrar will not consider an application under paragraph (1) if it is received more than six months before the end of the CPD cycle to which the period of grace relates. (3) Where the registrar is satisfied that there is good reason to do so, the registrar may grant a person bringing an application under paragraph (1) a single period of grace ending 56 days after the end of the CPD cycle. (4) Where a person has been granted a period of grace (a) Rule 4 shall apply to them as if the reference to the whole CPD cycle was a reference to the end of the period of grace; and (b) Any CPD undertaken during the period of grace which counts towards completion of the outstanding CPD requirement in respect of the CPD cycle for which the period of grace was granted, shall be deemed to have been undertaken during that CPD cycle. Restoration to the register: requirements 10. (1) This rule applies to an application for restoration to the register made by a person ( the applicant ) who was previously registered and whose name was erased for any reason. (2) An application under this rule must be accompanied by (a) evidence that in relation to the most recent CPD cycle the applicant completed, the applicant met the requirements (where applicable) of (i) rules 2, 3 and 4, (ii) rules 3, 4 and 5 of the General Dental Council (Continuing Professional Development) (Dentists) Rules 2008(b) or rules 3, 4 and 5 of the General Dental (a) The registrar s decision to erase a dentist from the register is an appealable decision under Schedule 2A of the Act (paragraph 2) and the decision will not take effect until the time for the an appeal has expired or the appeal has been determined (paragraph 4). In the case of a dental care professional, erasure is an appealable decision under Schedule 4A of the Act (paragraph 2) and the decision will not take effect until the time for the an appeal has expired or the appeal has been determined (paragraph 4). (b) Scheduled to SI 2008/1822. 6

Council (Continuing Professional Development) (Professions Complementary to Dentistry) Rules 2008(a), as the case may be; (b) a record of all CPD undertaken in the shorter of the period (i) since the end of the CPD cycle to which the evidence submitted under sub-paragraph (a) relates, or (ii) of five years proceeding the application, or (iii) since the date of first registration. (3) The record in sub-paragraph (2)(b) shall (a) in relation to CPD undertaken since the coming into force of these Rules, contain the information set out in rule 3; (b) in relation to CPD undertaken before the coming into force of these Rules, contain the information set out in rule 4(2) of the General Dental Council (Continuing Professional Development) (Dentists) Rules 2008 or rule 4(2) of the General Dental Council (Continuing Professional Development) (Professions Complementary to Dentistry) Rules 2008, as the case may be. (4) The applicant must satisfy the registrar that, in respect of the period which is applicable in sub-paragraph (2)(b), the applicant has completed at least (a) for each CPD year within that period which elapsed since the coming into force of these Rules, a minimum of one fifth of the number of hours of CPD which is required in rule 2 respect of a CPD cycle; (b) for each CPD year within that period which elapsed before the coming into force of these Rules, in respect of (i) an applicant for restoration to the dentists register, 50 hours of CPD, of which at least 15 hours shall be verifiable CPD, (ii) an applicant for restoration to the dental care professionals register, 30 hours of CPD of which at least 10 hours shall be verifiable CPD. (5) In this rule references to verifiable CPD has the same meaning as prescribed by the General Dental Council (Continuing Professional Development) (Dentists) Rules 2008 and of the General Dental Council (Continuing Professional Development) (Professions Complementary to Dentistry) Rules 2008, and shall be construed accordingly. Restoration to the register: procedure 11. (1) Where the registrar receives an application to which rule 10 applies and the registrar is satisfied that the application satisfies the requirements of the relevant paragraphs of that rule, the registrar may restore the applicant s name to the register. (2) Where the registrar receives an application to which rule 10 applies and the registrar is not satisfied that the applicant satisfies the requirements applicable under that rule, the registrar shall send a notice to the applicant which must (a) state the reasons why the registrar is not satisfied that the application satisfies the requirements of the relevant paragraph or paragraphs; and (b) invite the applicant to make written representations or submit written evidence to the registrar on the matters specified in the notice. (3) The notice must specify a date, not less than 28 days after the date on which the notice is sent, by which the registrar must receive the applicant s response to the notice. (4) Where, after considering any written representations made or written evidence submitted by an applicant in response to the notice, the registrar remains not satisfied that the application (a) Scheduled to SI 2008/1823. 7

satisfies the requirements of the relevant paragraph or paragraphs of rule 10, the registrar may decide not to restore the applicant s name to the register. Service of notices by electronic communication 12. (1) Any notification to be sent by the registrar under these rules may be served on a person by an electronic communication, but only if (a) the person consents in writing to the receipt of such notifications by electronic communication; and (b) the communication is sent to the number or address specified by that person when giving consent. Transitional provisions 13. (1) This rule applies where (a) a dentist has commenced a CPD cycle within the meaning of the General Dental Council (Continuing Professional Development) (Dentists) Rules 2008 on any day before the coming into force of these Rules and that CPD cycle comes to an end on any day after the coming into force of these Rules; or (b) a dental care professional has commenced a CPD cycle within the meaning of the General Dental Council (Continuing Professional Development) (Professions Complimentary to Dentistry ) Rules 2008 on any day before the coming into force of these Rules and that CPD cycle comes to an end on any day after the coming into force of these Rules. (2) For the period, beginning with the day on which a CPD cycle referred to in paragraph (a) commenced and ending with the day before these Rules come into force, the General Dental Council (Continuing Professional Development) (Dentists) Rules 2008 shall apply for that period and the CPD requirement under those rules shall be calculated on a pro-rata basis accordingly. (3) For the period, beginning with the day on which a CPD cycle referred to in paragraph (b) commenced and ending with the day before these Rules come into force, the General Dental Council (Continuing Professional Development) (Professions Complimentary to Dentistry) Rules 2008 shall apply for that period and the CPD requirement under those rules shall be calculated on a pro-rata basis accordingly. (4) For the period, beginning with the day on which these Rules come into force until the last day of the CPD cycle referred to in paragraph (a) and (b) (as the case may be) in paragraph (1), the CPD requirement for that period shall be determined in accordance with these Rules and shall be calculated on a pro-rata basis accordingly. (5) The registrar may erase a practitioner s name from the register in accordance with rule 6 for failure without reasonable excuse to comply with paragraphs (2) or (3). (6) These Rules shall apply to any CPD cycle which commences at any time after the CPD cycle referred to in paragraph (1)(a) or (b) has come to an end. Saving provision 14. (1) The General Dental Council (Continuing Professional Development) (Dentists) Rules 2008 are to continue to have effect as they applied on [insert day before commencement date] for the purposes of administering a CPD cycle for which rule 13 applies. (2) The General Dental Council (Continuing Professional Development) (Professions complimentary to dentistry) Rules 2008 are to continue to have effect as they applied on [insert day before commencement date] for the purposes of administering a CPD cycle for which rule 13 applies. Revocations 15. The following rules are hereby revoked 8

(a) The General Dental Council (Continuing Professional Development) (Dentists) Rules 2008, and (b) The General Dental Council (Continuing Professional Development) (Professions complementary to dentistry) Rules 2008. Given under the official seal of the General Dental Council this 00 day of 2013 EXPLANATORY NOTE (This note is not part of the Order) This Order approves the Rules made by the General Dental Council on [xxx] 2013 under their powers under the Dentists Act 1994 ( the Act ) in relation to the continuing professional development of registered dentists and dental care professionals. 9

2013 Consultation on The General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules Order of Council CPD for Dental Professionals CPD for Dental Professionals is how the GDC refers to its proposed new requirements for continuing professional development (CPD). CPD is a legal requirement of all GDC registrants and those seeking to restore to the register. This consultation document should be read in conjunction with the accompanying draft new statutory rules for continuing professional development, made under section 34 of the Dentists Act 1984. All respondents are invited to consider the draft secondary legislation and respond to the questions below. Background The GDC launched its CPD Review in summer 2011. Arising from this we have developed proposals for new continuing professional development requirements that will contribute to the continuing assurance of practice of all those on the GDC s register. The policy underpinning proposals for new CPD requirements was the subject of a public consultation: Continuing Professional Development for assurance of continuing fitness to practise from October 2012 to January 2013. The GDC received 387 responses. The previous consultation document can be found on the GDC s website at www.gdc.uk.org but it is no longer possible to respond. The key themes of that consultation were: the importance of making good decisions about CPD based on effective planning and reflection; CPD to support meeting the GDC s Standards; embedding CPD throughout the professional life of dental professionals; and enabling the GDC to have regular assurance of CPD in order to reassure the public. In January 2013 the GDC also held two small focus groups about CPD in dentistry - one with CPD providers and one with patients and members of the public. In addition, the GDC has also carried out a number of research projects relating to CPD in dentistry that has informed the CPD Review. This includes a literature review by Professor Kenneth Eaton and the Faculty of General Dental Practitioners (2011), a registrant survey by ERS: Research (2012), an independent analysis of economic costs and regulatory impact cost by Europe Economics (2013); a rapid industry assessment of CPD in dentistry by ICF GHK Ltd (2013). 1

Public Consultation Please consider the questions below in conjunction with the draft new statutory rules that accompany this document. Citation, commencement and interpretation rule 1 The draft rules set out four high level CPD learning outcomes relating to the GDC s Standards. The rules would require that each CPD activity a registrant undertakes must contribute wholly or in part to achieving one or more of the learning outcomes. The registrant would be required to record this within their CPD record. During the policy consultation 67% of respondents agreed with linking CPD learning outcomes to the GDC Standards. Question 1 Do you agree with the high level CPD learning outcomes? (see rule 1) Yes No Don t know CPD Requirement rule 2 Minimum annual hours The draft rules set out the minimum CPD hours per cycle required by title. These amounts were consulted upon during the policy consultation and 83% of respondents agreed with them. The rules also set out that a registrant must undertake a minimum of 10 hours CPD during each consecutive period of 2 years. This means that although the GDC would allow an annual CPD declaration of zero, there must not be two consecutive years of zero declarations or a two year period where the amount of CPD declared is less than 10 hours. The purpose of this is to ensure that CPD activity is embedded in the professional life of dental professionals and there are no long periods of CPD inactivity. Question 2 Do you agree with the requirement for a minimum of 10 hours CPD during each consecutive period of 2 years? (see rule 2) Yes No Don t know 2

Documentary evidence of CPD The rules set out that there must be specific documentary evidence relating to each CPD activity for it to meet the CPD requirements. Every registrant would be required to retain their documentary evidence, for five years after the cycle to which it relates, and present it to the GDC when asked. The GDC may ask for the documentary evidence during, or up to five years after the end of, the cycle to which it relates. This would provide evidence, and therefore transparency, about CPD activity undertaken in support of the GDC s Standards; it would enable the GDC to check and audit the CPD declarations made by registrants as part of regulatory enforcement; it would enable the GDC to make decisions about compliance; and it would contributes to providing assurance to patients and the public. Question 3 Do you agree with the CPD documentary evidence required? (see rule 2) Yes No Don t know Temporary Registration All GDC registrants will be required to undertake CPD. This includes Temporary Registrants under section 17 of the Dentists Act 1984. The Temporary Registration Guidelines at www.gdc-uk.org set out how temporary registration works. The CPD rules set out that Temporary Registrants must submit an annual CPD declaration after each aggregate total of 365 days of registration. Temporary Registrants must also undertake a minimum of 20 hours CPD during this time. A CPD cycle for a Temporary Registrant is an aggregate total of 1825 days of temporary registration. Question 4 Do you agree to the approach to CPD for Temporary Registrants? (see rules 1 & 2) Yes No Don t know CPD Record rule 3 The rules set out what must be contained in a registrant s CPD record. This would comprise a plan of future CPD activities to be undertaken; information about what was subsequently undertaken; the documentary evidence (in accordance with rule 2) and the learning outcome to which it relates 3

(based on rule 1). Registrants must retain their CPD record for 5 years after the end of the CPD cycle to which it relates. The GDC would expect all registrants to hold and maintain a plan of their intended CPD based on their individual reflection, and reflection with others, about their CPD needs in the context of their scope of practice and the GDC s Standards. The concept of mandatory CPD planning was consulted upon during the policy consultation and 64.5% agreed with holding a plan and making declarations to the GDC about it. The GDC s research has also indicated that planning and reflection upon CPD can contribute to making CPD more effective and it is a recognised aspect of learning theory. Question 5 Do you agree with the definition of a CPD record? (see rule 3) Yes No Don t know Grace period rule 9 We believe that in most circumstances the five year cycle is adequate to meet all our requirements for CPD. In fact, 76.5% of respondents to our policy consultation agreed with reducing a grace period from six to two months. The proposed new rules introduce a grace applications period towards the end of the CPD cycle during which a registrant with extenuating circumstances would be entitled to apply for a grace period. This would only be awarded where there are good reasons for the GDC to do so, which the GDC would define and set out in guidance. The grace period would be for 56 days only and would commence immediately after the end of cycle date. The subsequent CPD cycle would also commence as normal. The rules for dealing with non-compliance and removal would apply where a registrant was not compliant at the end of the grace period. Anyone who has not applied for and been awarded a grace period during the grace applications period would not be given any extra time to meet our requirements. Question 6 Do you agree with the approach to a grace period? (see rule 9) Yes No Don t know 4

Restoration to the register rules 10 & 11 Rules 10 and 11 set out the CPD requirements and associated process for restoring to the register after a period off the register for any reason. This would include evidence of CPD as required by the rules since the end of the end of their last CPD cycle or the five years immediately preceding their application, whichever is the shorter. Question 7 Do you agree to the approach to restoration as set out in rules 10 & 11? Yes No Don t Know Transition to the new rules rule 13 Up until the date of the coming into force of the proposed new rules the current CPD rules will remain in force. We expect that the rules will enter into force for dentists on the first day of a dentist cycle (such as a 1 January) and for DCPs on the first day of a DCP cycle (such as a 1 August). There are currently 10 CPD cohorts running semi-concurrently. The GDC has considered how best to make the transition to the proposed new CPD requirements, which involves different requirements. To avoid unnecessary complexity the GDC proposes to retain the existing cohorts and overlapping CPD cycles. They are as follows: Dentist cohorts: 2009-13; 2010-14; 2011-15; 2012-16; 2013-17 DCP cohorts: 2009-14; 2010-15; 2011-16; 2012-17; 2013-2018 From the date of the coming info force of the proposed new rules, all registrants must: make an annual declaration. Temporary Registrants must make an annual declaration every 365 days of registration. undertake at least 10 hours CPD every 2 years. Temporary Registrants must undertake a minimum of 20 hours CPD every 365 days of registration. keep a CPD record in accordance with the new CPD rules. undertake CPD that meets the new definitions of CPD and documentary evidence. The minimum CPD hours requirement would also change. This means that the first end of cycle under the new CPD rules would require a minimum total of CPD that comprises part of the current rules and part of the proposed new rules. The total minimum amount would be determined by the registrant s cohort. 5

We expect that registrants undertake CPD regularly and not at a single point in the cycle such as the beginning or the end. We already clearly advise on page 15 of our current CPD guidance that ideally you will divide your CPD evenly between each of the five years of the cycle. When the proposed new rules enter into force, if you have already done an amount of CPD that meets or exceeds the minimum total required you must still comply with the requirements of the proposed new rules. This would include undertaking at least 10 hours CPD every 2 years, for the years under the new rules (or a minimum of 20 hours per CPD year if you are a Temporary Registrant). This may mean that the amount of CPD you do in practice exceeds the minimum total required. We will make sure registrants are made aware the minimum total CPD that applies to them in advance of the proposed new CPD rules coming into force. Example transition minimum total CPD hours The date on which the new rules will enter into force has not yet been decided. However, as an example, we have calculated the minimum amount of CPD that would apply to each CPD cohort if the proposed new rules were to enter into force on 1 January 2015 for dentists and 1 August 2015 for dental care professionals. Cycle dates Registrant group Current Rules New rules End of cycle minimum total CPD 2011-2015 Dentists 200 (incl. 60v*) 20v* 220 (incl.80v*) 2012-2016 Dentists 150 (incl. 45v) 40v 190 (incl.85v) 2013-2017 Dentists 100 (incl. 30v) 60v 160 (incl.90v) 2014-2018 Dentists 50 (incl. 15v) 80v 130 (incl.95v) 2015-2019 Dentists - 100v 100v Cycle dates Registrant group Current rules New rules End of cycle minimum total CPD 2011-2016 Dental Nurses/ Dental Technicians 120 (incl. 40v) 10v 130 (incl.50v) Dental Hygienists/ Dental Therapists/Orthodontic Therapists/Clinical Dental Technicians 2012-2017 Dental Nurses/ Dental Technicians Dental Hygienists/ Dental Therapists/Orthodontic Therapists/Clinical Dental Technicians 2013-2018 Dental Nurses/ Dental Technicians 15v 135 (incl.55v) 90 (incl. 30v) 20v 110 (incl. 50v) 30v 120 (incl.60v) 60 (incl.20v) 30v 90 (incl.50) Dental Hygienists/ Dental Therapists/Orthodontic Therapists/Clinical Dental 45v 105 (incl. 65v) 6

Technicians 2014-2019 Dental Nurses/ Dental Technicians Dental Hygienists/ Dental Therapists/Orthodontic Therapists/Clinical Dental Technicians 2015-2020 Dental Nurses/ Dental Technicians 30 (incl. 10v) 40v 70 (incl. 50 v) 60v 90 (incl.70v) - 50v 50v Dental Hygienists/ Dental Therapists/Orthodontic Therapists/Clinical Dental Technicians 75v 75v *indicates v - verifiable CPD in accordance with the requirements for documentary evidence set out in the rules in force when the CPD was undertaken. Question 8 Do you have any comments to make about the approach to transition to the new CPD requirements (see rule 13)? Question 9 Do you have any other comments to make about the proposed new CPD rules? Question 10 How did you hear about this consultation? (please select one) GDC website GDC social media Non-GDC website source Non-GDC social media Dental trade journal GDC press release Word of mouth other (please state) Demographic questions to be added 7