GMC: language requirements take effect | Fieldfisher
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GMC: language requirements take effect

02/06/2014
In 13 May 2014, the Privy Council approved changes to the GMC's fitness to practise, licensing and revalidation, erasure and restoration rules to reflect updated requirements on practitioners in In 13 May 2014, the Privy Council approved changes to the GMC's fitness to practise, licensing and revalidation, erasure and restoration rules to reflect updated requirements on practitioners in relation to knowledge of the English language.  The new requirements mean that a practitioner without the necessary knowledge of English will not be granted a licence to practise and that those already licensed may come within the ambit of the GMC's fitness to practise procedures.  The changes are scheduled to come into effect from 25 June 2014.  Below we set out a summary of the new requirements.

Licensing and revalidation:  The Registrar will be able to refuse to grant a licence to a medical practitioner where they have not demonstrated the necessary knowledge of English and they may require the practitioner to undertake an English language assessment.  If a practitioner fails to undertake a language assessment or, having taken the assessment, is unable to demonstrate the necessary knowledge of English, the Registrar may refuse to grant them a licence.

Fitness to practise:  The new requirements reflect changes in the Medical Act to the effect that not having the necessary knowledge of English may constitute a fitness to practise matter.  In addition to performance and health assessments, either the Registrar, the IC or a FTP panel may direct that a practitioner undertake an assessment of knowledge of English.  Failure to comply with the assessment requirements can be dealt with as a fitness to practise matter which may even lead to suspension.  Moreover, while a failure to undertake a language assessment cannot of its own motion lead to erasure, a fitness to practise panel is entitled to take it into account when considering impairment in relation to other allegations.

Erasure, review and restoration:  The new requirements also allow for the Registrar to direct that a practitioner undergoes a language assessment prior to review hearings and in relation to assessing compliance with undertakings, performance assessments and applications for restoration.

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