International News - Spring 2004

International News

European Union Unveils Initiative to Further Free Movement of Services
On January 13, 2004 the European Commission released its much-anticipated proposal on services in the internal market. The proposed Directive would require Member States to reduce administrative burdens in order to increase competitiveness and engage more effectively in cross-border activity. The proposal addresses many of the concerns raised in the Commission report of July 2002 (IP/02/1180) and will now be considered by the European Parliament and the Council of Ministers.

The approach taken by the Commission is to establish a large legal framework, rather than to provide detailed requirements concerning the harmonization of rules for the provision of services across the Member States. Internal Market Commissioner Frits Bolkestein stated that “some of the national restrictions are archaic, overly burdensome and break EU law. Those have simply got to go. A much longer list of differing national rules needs sweeping regulatory reform…. The proposed Directive would involve Member States jointly screening and modernizing their regulatory regimes so that a spirit of cooperation and mutual trust is built. That is the best way to ensure that service providers no longer have to jump over unnecessary regulatory hurdles. So we need it adopted, written into national law and implemented as quickly as possible.” Professions and occupations that will be affected by the proposed Directive include consulting, architecture, engineering, and legal advice. Business services including technical testing, customer base management, and data processing are also covered, as are security services and environmental services such as waste management. Retail services, travel agencies, hotels, restaurants, and entertainment would be affected as would health services. Occupations such as of plumbers and carpenters also fall within the scope of the proposed Directive.

United States and Australian Governments Agree AUSFTA Free Trade Agreement
On 8 February, 2004 the Australian and U.S. Governments announced the successful conclusion of negotiations to produce a free trade agreement between the two countries. Subject to approval in both nations, the agreement includes provisions to “encourage the relevant bodies in their respective territories to develop mutually acceptable standards and criteria for licensing and certification of professionals; services suppliers and to provide recommendations on mutual recognition” (Annex 10-A, page 9). More broadly, the agreement provides access to the market in each country, including the ability to bid on government contracts, as well as reducing barriers to operate in one another’s markets.

Concern has been expressed in Australia about the difficulty in applying trade agreements at a state (or sub-national) level particularly in the U.S. where only 37 states are signatories to the World Trade Organization trade rules. The approval process may be further complicated by the federal elections that are taking place in both nations in 2004. It is anticipated that the AUSFTA will be considered by the U.S. Congress in the months prior to the general election process.

Full Text of the Agreement

UK Government Announces Plans to Regulate Health Care Assistants and Practitioners of Alternative Medicine
The British Government will next month publish details of its proposals to regulate Health Care Assistants (HCAs). Unlike other healthcare professionals in the United Kingdom, Health Care Assistants have previously been unregulated, a situation that has seen health professionals subject to sanctions being able to remain working in the healthcare sector in this hitherto unregulated role.

The Nursing and Midwifery Council, the body that regulates nurses, midwives, and health visitors, has suggested that it is the appropriate organization to oversee regulation of HCAs. Jonathan Asbridge, NMC president, stated that “increasingly it is HCAs who are providing direct care to patients. It is important that the public are assured the same level of protection whoever is treating them.” He added, “We would wish to be the body regulating HCAs since they often work under the supervision of nurses. Regulation would also improve the career and salary prospects of HCAs.” HCAs are increasingly employed to provide basic care in residential and nursing homes around the United Kingdom.

Meanwhile, the estimated one in five Britons who reportedly go regularly to see acupuncturists or herbal practitioners will soon be better protected if proposals, as expected, become law in late 2005. Currently there is no legislation in place to regulate these practitioners although approximately 4,000 are registered with voluntary organizations. The government now plans a consultation for its proposals to establish a Complementary and Alternative Medicine Council (CAM) to be responsible for the mandatory registration of practitioners, in addition to the establishment of minimum training requirements.

New Zealand and Australia Launch Drive for Cross Border Standards for Nurse Practitioners
The Nursing Council of New Zealand and the Australian Nursing Council began work in December 2003 on a significant research project to develop agreed competency standards for nurse practitioners in both countries. In launching the project Marilyn Gendek, Chief Executive Officer of the Australian Nursing Council, noted that “this is the first time that research is being conducted to develop a common set of standards for the nurse practitioner across borders and it is also the first time that Australia and New Zealand have collaborated to develop core standards.” This action follows the signature in 2001 of a Memorandum of Cooperation between the two councils.

Marion Clark, Chief Executive Officer of the Nursing Council of New Zealand, added that “Australia and New Zealand have had a strong relationship for some years now which is highlighted by the countries signing of the Trans-Tasman Mutual Recognition Agreement (1997) and ANC/NCNZ Memorandum of Cooperation (2001). The research project to develop standards for the nurse practitioner in Australia and New Zealand is taking this relationship one step further towards harmonizing the standards expected of nurses across the jurisdictions.” The conclusions and recommendations from the project are expected to be available later this year.