To Regulate or Not to Regulate?

Should BASES seek Health Professions Council regulation of the profession of sport and exercise scientist?

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Why is BASES considering regulation of the profession of sport and exercise scientist through the Health Professions Council?

In the earliest days of the Association, members were predominantly university academics working in a research and teaching environment. But with an increased membership and members working in a wide range of commercial and public sector jobs, it is timely for BASES to consider the nature of our “profession”.

Is it in the best interests of our members to limit ourselves to being a professional membership association? Or might our members benefit from a more formal identification, and legal recognition, of our profession and sphere of working? In the past, BASES has considered progression towards an academic learned society. But our limited size, the applied nature of many members’ work, and some members’ allegiance to parent academic disciplines (e.g. the Physiological Society) has precluded this direction. An alternative route to formal identification and legal recognition is registration with the HPC.

There are threats to our current situation. Significantly, the British Psychological Society (BPS), following similar considerations to ours, came to the conclusion that practitioner psychologists should seek to become a regulated profession. Other organisations associated with coaching, fitness, and health professionals might also seek to promote their own qualifications. In effect, the core profession of sport and exercise scientist might be chipped away by organisations that overlap with us but whose primary purpose and way of working lies elsewhere. It may be that members are content for BASES to remain a professional membership association relying on the collective weight and quality of our work and our accreditation schemes to give members the standing they merit. Or they may think BASES should seek HPC regulation of the profession of sport and exercise scientist. This is the debate we face.

Many of our existing structures are congruent with HPC registration. BASES accreditation requires a higher degree and applied practice. We have a strong Continuing Professional Development (CPD) programme as well as codes of practice, equal opportunities, complaint procedures, etc. In many respects we already fulfil the expectations of a well-organised profession.

There is an argument, therefore, that there is no need to regulate. But self-management provides only limited legal protection, and if our existing standards are readily congruent with the requirements of the HPC then perhaps it is an easy step to add legal protection to our current professional standards.

These are the types of issues that the BASES Board has been considering. At the Annual General Meeting (AGM) in September 2008 BASES agreed to explore registration with the HPC. The BASES Board has been investigating the matter and has met twice with senior members of the HPC. A representative of the HPC presented at the 2009 BASES Annual Conference. The initial collation of information and discussions with the HPC demonstrated the potential value of registration. In line with the views of members agreed at the AGM in September 2009 and identified in the Association^’s strategic plan we therefore continue to the next, and definitive, step: Formal consultation with the membership of the Association regarding should BASES seek HPC regulation of the profession of sport and exercise scientist? The outcome of this consultation will be either support for or rejection of an application to the HPC.

What is the The Health Professions Council?

The Health Professions Council (HPC) is an independent UK regulator, and was set up to protect the public. Its purpose is ‘to safeguard the health and wellbeing of persons using or needing the services of registrants’. To do this, it keeps a register of health professionals who meet its standards for their training, professional skills, behaviour and health.

The HPC currently regulates 14 health professions: Arts therapists, Biomedical scientists, Chiropodists/podiatrists, Clinical scientists, Dietitians, Occupational therapists, Operating department practitioners, Orthoptists, Paramedics, Physiotherapists, Practitioner psychologists, Prosthetists/orthotists, Radiographers, Speech and language therapists. All of these professions have at least one professional protected title that is protected by law, including those shown above.www.hpc-uk.org

What are the main pros and cons of HPC regulation of the profession of sport and exercise scientist?

Pros

Sport and exercise science would have at least one protected title that is protected by law – such as ^“sport and exercise scientist^”. Our domain will be defined and protected. Others should not be able to encroach.
It should result in increased public awareness of the profession and, potentially, improved employment opportunities particularly in the public sector.
The profession and users of our services will have greater protection.
If a sport and exercise science professional does not meet HPC standards then HPC can take legal action, which might include stopping him/her from practising.

Cons

What proportion of BASES members will seek HPC registration if they do not want to advertise their services as a sport and exercise scientist?
Is it either legitimate or accurate to designate the activities of sport and exercise scientists as ‘health’ activities, and for those activities to be regulated by the HPC?
Some members will be regulated through other “routes” (e.g. psychology), so for them there may be no value to sport and exercise scientist regulation.
The HPC is a large organisation and this may result in inflexibility and/or bureaucracy.
In order to remain registered with the HPC, registrants must continue to meet the standards that the HPC sets for each profession. These standards might result in other areas of work being neglected.

Are there any other issues?

Protected titles. Which titles are to be protected by law would need to be determined. The initial suggestion for the name (known as the regulated title, protected by law) is “Sport and Exercise Scientist”. Other suggestions are welcome but there are constraints. The HPC will not accept a long list of names and would prefer a single one. There are just too many permutations of the words sport, exercise, biomechanics, physiologist, psychologist, analyst, etc. We cannot work round this by using parentheses e.g., Sport and Exercise Scientist (physiology). Some members see this as a problem since they want their title to reflect their exact specialism. Others do not see a problem; they view the title “Sport and Exercise Scientist” as the base description for the profession (in the same way as people external to other professions see no problem with Physiotherapist, Doctor, Engineer etc.), and the describe any particular speciality in other ways as their career develops.It is a criminal offence for someone to claim that they are registered with the HPC when they are not, or to use a protected title that they are not entitled to use. The HPC will prosecute people who commit these crimes. However, there may be loopholes in the professional titles that are protected by law. It is only the adjectival and general titles listed that are protected and people should be able to use any other titles than these.

All protected titles are listed at www.hpc-uk.org/aboutregistration/protectedtitles

The threshold level of qualification for entry to the Register will need to be decided. For some (e.g. physiotherapists) the level is a BSc. For others (e.g. practitioner psychologists) it is a degree, higher degree and extensive further study and applied practice. If BASES is to work with, rather than against, its accreditation and supervised experience schemes, the threshold would be pitched as degree and masters plus one year experience. This would apply whether a member^’s work is in applied work, teaching or research.
The financial costs are a one-off non-refundable application payment of £53. Applicants must also pay a registration fee at the point of applying for registration. The registration fee for the two-year registration cycle is £152 (£76 per year). The registration fee is reduced by 50% if you graduated from a UK approved course within the last two years. The Inland Revenue has agreed that the annual fee payable to HPC is tax deductible and may be claimed by Registrants on their tax return or by application to their tax office. This means that the £76 annual fee is reduced by 22% (for standard rate taxpayers), reducing the fee by £16.72 to £59.28. The tax deduction will be made by an amendment to your PAYE code.
How does BASES accreditation relate to HPC regulation? The basic parameters of the BASES accreditation scheme broadly match the requirements of HPC registration. How the two schemes would interrelate is an area that needs to be debated over the next few months. If BASES proceeds with regulation we will propose that accreditation is taken as the entry standard to the HPC register. The accreditation process already defines the education, skills, knowledge and professional practice of sport and exercise science. There will then simply be a final application to the HPC for registration. Registration with the HPC will be possible without accreditation but a candidate will need to prove independently their education and competence.
What if I am already accredited. Will I need to start again? No. The HPC provides a “grandparenting” scheme whereby existing practitioners can become registered. Furthermore, since the BASES accreditation scheme is harmonious with the HPC’s statements of competencies, anyone who is working towards BASES accreditation is already on the right pathway to HPC registration.
Would applicants to the HPC have to be a member of BASES? No. Regulation is about access to a legally protected title. For example, psychologists need to be registered with the HPC to use one of the protected titles (e.g. clinical psychologist) but do not need to be a member of the BPS. They may decide to be a member of the professional body if they wish, but this would be an individual decision. This is similar to doctors - they need to be registered by the GMC but may choose to join the BMA, or nurses need to be registered with the nursing and midwifery council but may decide to be a member of the royal college of nursing.
Do I have to be HPC registered to remain a BASES member? No. Some members (e.g. working in lecturing or research) may feel that registration offers insufficient benefits and is inappropriate to their academic ambitions. Others, who work in applied and practice areas will certainly feel that the advantages of HPC registration (see appendix) are clear. For certain sectors (e.g. health service work) it might be that HPC regulation becomes a requirement of a job. However, if you wish to use the title Sport and Exercise Scientist in your work as a practitioner then you will need to be registered.
What about BASES re-accreditation and maintaining HPC registration? Both require demonstration of CPD. The requirements for BASES re-accreditation are harmonious with continued HPC registration.

What is the application process?

A summary of the application process is as follows: BASES submits full documentation. This is considered by the HPC Council, at which BASES makes a presentation.

If the Council approve then they write to the Secretary of State and Health Ministers to recommend that a new profession is allowed to enter the register. After that point, the decision about whether the profession should be regulated is one for Government. If Government decides to regulate that profession they will draft an order that will need to be passed by the parliaments in Westminster and in Scotland. If passed, the profession becomes regulated by law and the Register opens. The process (including the consultation and drafting an application) can take from 1 8 months to 2 years. However, as outlined, the decision about regulation is one for Government so it would not be wise to state any specific timescale.

What does the HPC require for a profession to be regulated?

The following list is issued by the HPC.

Aspirant groups must:

1. Cover a discrete area of activity displaying some homogeneity

2. Apply a defined body of knowledge

3. Practice based on evidence of efficacy

4. Have at least one established professional body which accounts for a significant proportion of that occupational group

5. Operate a voluntary register

6. Have defined routes of entry to the profession

7. Have independently assessed entry qualifications

8. Have standards in relation to conduct, performance and ethics

9. Have Fitness to Practise procedures to enforce those standards

10. Be committed to continuous professional development (CPD).

BASES fulfills all ten of these requirements

How do you have your say?

BASES will consult with its members as to whether the majority view is for BASES to apply for regulation by the HPC.

Have Your Say from April to August. Join our online ‘To Regulate or Not to Regulate’ forum.

Find Out More - Come to our Q&A Sessions:

24 May, 6pm, Leeds Metropolitan University.

Have Your Say in June. Join our on-line survey on key issues concerning should BASES seek HPC regulation of the profession of sport and exercise scientist?

Final Vote at the BASES AGM, 7 September, 12pm, University of Glasgow. Vote Yes or No. If accepted, BASES will prepare and submit an application to the HPC. If rejected, BASES will cease the process.

Important Documents

To Regulate or Not to Regulate? Should BASES seek Health Professions Council regulation of the profession of sport and exercise scientist? - Flyer distributed with the Spring issue of The Sport and exercise Scientist

FAQs Regarding to Regulate or Not to Regulate? Should BASES seek Health Professions Council regulation of the profession of sport and exercise scientist? - Flyer distributed with the Summer issue of The Sport and exercise Scientist

'10 benefits of registration’ leaflet prepared by the HPC

The British Association of Sport and Exercise Sciences