On 12 May at its Sarajevo meeting, FEDCAR adopted recommendations regarding the use by its members of the Alert Mechanism.
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FEDCAR Principles for the use of the Alert Mechanism
put in place in the revised Directive 2005/36 on the recognition of professional qualifications
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Fitness to practise principles for application of the alert mechanism
An alert is likely to be triggered by regulatory action that:
- Relates to matters that reach the threshold of the individual regulator, that is the regulator considers that the registrant is not fit to practise without regulatory action being taken.
- Regulatory action, as aforementioned, involves action that amounts to a restriction or a prohibition on practice. A restriction or prohibition on practice will include anything that a registrant is required (whether by agreement or imposition) to do in order to continue to practise (but may not be directly related to their practice).
- Includes substantive or interim action that amounts to a restriction or prohibition on practice.
Where the action engages that threshold and amounts to a prohibition or a restriction on practice, IN THE COUNTRIES WHERE THIS HAS BEEN ORGANISED, it will include action that is voluntarily agreed by the registrant, WHERE PRACTICABLE, as well as imposed by a panel/committee.
By accepting the outcome the registrant is accepting the regulator’s view at that point in time that there are concerns about their fitness to practise and that action is required for them to continue to practise safely. As the registrant voluntarily accepts that position there is no requirement for findings or a formal imposition of a sanction.
Registration principles for application of the alert mechanism
An alert is likely to be triggered by regulatory action that includes:
- Withdrawal of registration when the regulator* finds that a professional is not entitled to registration due to falsified evidence of professional qualifications or any other falsified information used in the registration process.
- Withdrawal of registration when the regulator is satisfied that the professional’s fitness to practise was impaired at the point of registration and the professional has not informed the registrar before their registration.
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