Determinations by other health or social care organisations

Reference: FTP-2f

Last Updated 14/04/2021

Nurses, midwives and nursing associates may be registered members of other health or social care professions, which are regulated by different legal bodies in the UK, or may be registered with licensing bodies overseas.

Decision makers sometimes receive referrals from these other organisations either in the UK or abroad, suggesting that a person also registered with us as a nurse, midwife or nursing associate has previously been impaired in their practice. When decision makers are looking at such referrals, they need to consider the potential impact on this person’s nursing or midwifery practice in the UK or nursing associate practice in England.

We will consider the scope and nature of the other organisation’s determination and the factual background.1 We will assess how closely the issues relate to the practice of nursing or midwifery in the UK or nursing associate practice in England. We will also assess the underlying facts or issues, including any contextual factors and whether these have been considered by the other regulatory body when making their decision. We will consider if, in light of these facts, the nurse, midwife or nursing associate could present a risk to members of the public by continued nursing, midwifery or nursing associate practice, or if the other body’s finding could affect public confidence in the nursing, midwifery or nursing associate professions

Cases about determinations of other regulators will generally need us to take regulatory action. The only exceptions to this are:

  • where it is clear to us that the nurse, midwife or nursing associate presents no current risk of harm to patients
  • the determination involves no potential impact on public confidence in the nursing or midwifery, nursing associate professions
  • there is no need, in the particular case, to take action to maintain proper professional standards and conduct. 

1 NMC (Fitness to Practise) Rules 2004 R 31 (4) states that a signed certificate is “admissible as prima facie evidence of the facts referred to in the determination”

The guidance in our library, needs to be read alongside our NMC Guidance during the Covid-19 emergency period. We have new rules that are in force during the period of  the coronavirus emergency that are relevant to how it applies.

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