Health Professions Order 2001
What this means for your business
- Enforced by
- MHRA
- Applies to
- United Kingdom
- On this page
- 10 compliance obligations, 1 practical guide
What you must do
10 compliance obligations under this legislation.
Insurance 1
Maintain appropriate professional indemnity cover
If you are a registered health professional, you must have a valid indemnity arrangement (insurance policy or equivalent) that covers the risks of your practice. The cover must be in place before you start working and stay active while you practise, and you must tell the regulator if the cover stops or changes.
Management duties 1
Cooperate with Health Professions Council investigations
If the Health Professions Council makes a formal allegation against you or your business, you must respond promptly – you’ll receive notice, you have to submit written comments within the time‑limit set, and you may be required to attend a hearing or provide evidence. Failure to comply can lead to regulatory sanctions.
Offences and prohibitions 3
Dispense hearing aids without being a registered dispenser
Unlimited fineIf you or anyone working for you provides hearing‑aid dispensing services but is not a registered hearing‑aid dispenser (and does not fall under the listed exemptions), you are committing a criminal offence. On conviction in a magistrates’ court you face an unlimited fine (level 5 on the standard scale). No custodial sentence is provided for this offence.
Falsely claim registration, title or qualifications
Unlimited fineIf you say you are registered on the health professions register, use a protected title, or hold qualifications for a relevant profession when you do not, you commit an offence. The offence also covers helping others to make such false claims, fraudulently altering entries in the register, or failing to comply with any requirement from the Council or a Practice Committee without reasonable excuse. On conviction you face an unlimited fine, dealt with in the magistrates' court.
Refuse to attend a summons or produce documents
Unlimited fineIf you are served with a summons to attend a Privy Council inquiry or to provide documents and you deliberately do not attend, give evidence, or hand over the required paperwork, you commit an offence. Conviction carries an unlimited fine (Level 5 on the standard scale) on summary conviction in the Magistrates’ Court.
Registration and licensing 3
Apply for registration with the health professions council
If you want to be on a health‑profession register, you must submit a proper application, prove you have the required qualifications or have passed the relevant test, show you have suitable indemnity cover and pay the registration fee. The council will then decide within three (or four) months and tell you the outcome.
Apply to be restored to the professional register after being struck off
If your health‑professional registration has been cancelled you may only ask to be reinstated after five years have passed, and you can submit only one application in any 12‑month period. You must lodge a formal application, attend a hearing, show you are fit and proper (including any extra training the Council requires), pay the fee and comply with any conditions placed on you. A refused application can block further attempts for three years unless you later apply for a review.
Renew professional registration and keep CPD and indemnity up‑to‑date
If you are a health professional (or employ one), you must apply to renew your registration before the current registration period ends. The renewal application must show you have completed the required continuing professional development, have appropriate indemnity cover and, if you have been out of practice, any extra training or experience the regulator requires. If your registration lapses, you must re‑apply for readmission meeting the same conditions.
Reporting and filing 2
Provide information and assistance to the Education and Training Committee on request
If your business runs health‑professional training courses or competence tests, you must give any reasonable information and help that the Education and Training Committee (or the Council) asks for. Failure to comply can lead to the Committee withdrawing approval for your courses or institution.
Respond to Committee notice on approval withdrawal
If the Education and Training Committee tells you that your course, qualification or institution’s approval is being refused or withdrawn, you must reply with any observations or comments within the period they set (at least one month). Your response is part of the process that could lead to the final decision.
Penalties for non-compliance
3 penalties under this legislation. 3 carry an unlimited fine.
Dispense hearing aids without being a registered dispenser
Unlimited fine
Falsely claim registration, title or qualifications
Unlimited fine
Refuse to attend a summons or produce documents
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
60 classified provisions from this legislation.
Duties 31
- s.4 Registrar reference in this Order
- s.5 Establishment and maintenance of register
- s.7 The register: supplemental provisions
- s.8 Access to register etc.
- s.9 Registration
- s.10 Renewal of registration and readmission
- s.11 Lapse of registration s registration
- s.14 Education and Training Committee
- s.15 Education and Training
- s.17 Information to be given by institutions such institution
- s.18 Refusal or withdrawal of approval of courses, qualifications and institutions it
- s.21 Council’s functions in respect of fitness to practise, ethics and other matters
- s.24 Screeners: supplementary provisions
- s.26 The Investigating Committee allegation which is referred
- s.27 The Conduct and Competence Committee allegation referred
- s.28 The Health Committee allegation referred
- s.29 Orders of the Health Committee and the Conduct and Competence Committee such appeal
- s.30 Review of orders by the Health Committee and the Conduct and Competence Committee of the steps referred
- s.32 Investigation of allegations: procedural rules Committee
- s.33 Restoration to the register of persons who have been struck off The Committee
- ... and 11 more duties
Offences and penalties 3
Powers 8
- s.6 Register
- s.19 Post-registration training
- s.20 Wales
- s.23 Screeners
- s.43 Default powers of the Privy Council
- s.45 Finances of the Council
- s.48 Supplementary and transitional provisions and extent
- Arrangements with other persons who maintain regis Arrangements with other persons who maintain registers of health or social care workers
Definitions 4
Exemptions 6
- s.16 Visitors
- s.25 Council’s power to require disclosure of information
- s.37 Appeals against decisions of the Education and Training Committee
- s.40 Further provisions
- s.42 Exercise of powers by the Privy Council
- Temporary registration in emergencies involving lo Temporary registration in emergencies involving loss of human life or human illness etc