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Continuing competence and the regulation of nursing practice
ALAN PEARSON R N , O N C , D i p N E d , D A N S , M S c , P h D , F C N ( N S W ) , F I N A , F R C N A , F R C N1, MARY FITZGERALD R N , R N T ,
D i p N u r s ( L o n d o n ) , M N u r s ( W A L E S ) , P h D ( U N E ) ,2 KEN WALSH R P N , R G N , B N u r s , P h D ( A d e l a i d e )3 and SALLY BORBASI R N ,
B E d ( N u r s i n g ) , M A ( E d ) , P h D4
1Professor of Nursing, La Trobe University, Melbourne, Australia, 2Professor, University of Newcastle, Newcastle,Australia, 3Lecturer and 4Senior Lecturer in Nursing, The University of Adelaide, Adelaide, Australia
Introduction
A study to identify indicators of continuing competence
in nursing was commissioned by the Australian Nursing
Council in 1997 and carried out in 1997/1998. The
objectives of the study were to develop:
• a statement of indicators of continuing competence in
nursing;
• an explanation of the basis for each of the identified
indicators;
• a description of any boundaries, contexts, applica-
tions or qualifications which apply in respect of each
indicator; and
• recommendation for any further action or research.
This paper reports on the literature review of statu-
tory regulation of professions with particular reference
to regulation of the nursing profession carried out in
stage one of the study.
Competence and regulation in Australiannursing
A comprehensive review of the literature was under-
taken in two phases. The first phase of the literature
review built on the work of Johnson (1995), commis-
sioned by Australian Nursing Council Inc. (ANCI) to
review recency of practice as a competency indicator.
Later, more comprehensive review of the literature
revealed the complexity of the subject and covered
issues integral to the continuing competency debate.
The review presented here was developed as a back-
ground to the study and is an attempt to situate the
issue of continuing competence in nursing regulation
through exploring the concepts of professional and
continuing competence in Australia. The need for an
inquiry into continuing competence in nursing, to find
the most suitable means for Nursing’s statutory bodies
in Australia to discharge their duty to protect the public
Correspondence
Alan Pearson
Professor
School of Nursing and Midwifery
La Trobe University
Bundoora 3086
Melbourne
Australia
E-mail:
P E A R S O N A., F I T Z G E R A L D M., W A L S H K. & B O R B A S I S . (2002) Journal of Nursing Management
10, 357–364
Continuing competence and the regulation of nursing practice
A study commissioned by the Australian Nursing Council Inc. sought to develop an
approach to the maintenance of continuing competence in nursing that is broadlyacceptable to nurses in all States and Territories. The study involved a compre-
hensive review of the international literature and this paper provides an overview of
statutory regulation of professions with particular reference to regulation of thenursing profession. A definition of competence and competencies and a discussion
of beginning and continuing professional competence are presented, followed by a
review of current indicators of continuing professional competence used by a varietyof professions in Australia.
Keywords: continuing competence and professional licensing, nursing regulation
3Accepted for publication: 1 June 2000
Journal of Nursing Management, 2002, 10, 357–364
ª 2002 Blackwell Science Ltd 357
by ensuring continuing standards of practice, emerges
clearly from the literature.
The role of regulation in the professions
The British and European Guilds of the Middle Ages are
early examples of the regulation of occupational
groups. These Guilds tightly controlled entry to the
occupation they were associated with and thereby lim-
ited the practising of a trade, occupation or business to
an elite group. This regulation was sanctioned by the
Crown and governed locally by the Boroughs, operating
on authority delegated by the Crown. Although they
maintained high standards of craftsmanship, their aim
was unashamedly the protection of members’ livelihood
rather than the public good per se.
The hallmarks of a profession – although greatly em-
bellished by the sociologists of the 1960s and 1970s –
have their origins in these early Guilds and bear a strong
resemblance to these antecedent social institutions
today. Professions promote self-regulation through
membership in order to control practice. In most West-
ernized countries, many professions are regulated by the
State through specific legislation. Examples of profes-
sions frequently regulated in such a way are medicine,
nursing, architecture and dentistry. Such regulation is
generally associated with the professions that have the
potential to cause harm to individuals or communities.
Regulatory authorities established by legislation are
charged with responsibility for setting standards of
preparation for admission to the profession.
They are also expected to ensure that members of the
profession maintain competence to secure continued
licensing. The prime function of the regulatory bodies is
to ensure the safety of the public in its dealings with the
profession. As part of their social contract, profession-
als accept responsibility to maintain standards of service
to the public in return for status and remuneration.
While nursing boards and councils are set up and
supported by members they are often established by
parliament, but in some countries such as Canada, the
nurses association is the licensing authority. Social work
is an example of a profession which is not regulated by
the State (social workers do, however, make an attempt
to self-regulate through the operations of their profes-
sional association). Without a profession-specific stat-
utory body they have to rely on the general machinery
of the State and their employers to determine their
scope; matters of pay and conditions of service usually
override these concerns. This has traditionally been the
case in nursing although in Australia it has begun to
change in recent times.
Nursing and medicine were the first professions to
have entry regulated through legislation. In the case of
nursing, New Zealand passed a Nurses Registration Act
in 1901 (Nursing Council of New Zealand 1996). This
was followed by a number of States in the United States
of America, Britain, continental Europe and Australia.
However, there is still a great deal of diversity between
countries and indeed between States within countries
regarding the scope of practice, preparation for practice
and maintenance of competence.
Regulation is achieved through various Nursing Acts
that prescribe the responsibilities of the statutory bod-
ies. These responsibilities include but are not limited to,
inter alia, disciplinary procedures and powers; specific
requirements for licensure and relicensure; exemption
from licensure; grounds for removal from the register;
grounds for suspension of the licence and provision for
mutual recognition for nurses from other states or
countries (Leddy & Pepper 1998).
Within Australia each State and Territory has its own
legislation variously styled as the Nurses Act of the
Nursing Act depending upon the jurisdiction, regulating
nursing practice and standards. The variation between
them has been recognized as a problem and much work
has been carried out to establish minimum competency
standards for entry to the profession that are recognized
nationally (Anderson 1994). The point of entry to the
profession has been the most obvious focus for reg-
ulatory bodies and thus they have concentrated on
beginning competence4 . It is now some years since the
outcomes of this work were introduced and it is timely
for the nursing profession to look at the issue of con-
tinuing competence and its relationship to relicensure.
Entry level competence is different to the more
advanced levels of competence, already examined by an
Australian team (McMillan et al. 1997). Relicensure
relates to the minimum standards. Thus, any applica-
tion for licensing must be considered against the same
benchmarks irrespective of professional experience. It
has become important to regulatory bodies in all pro-
fessions to identify means of assuring minimum stan-
dards for all practising members of a profession who are
recurrently issued with a licence to practice.
Competence: what is it?
The background to competency-based training and
employment in Australia developed from the 1987
report, Australia Reconstructed. The resulting Finn
Report produced in 1991 set out a number of �key
competencies�. These key competencies were to
operate within a standard framework and, if applied
A. Pearson et al.
358 ª 2002 Blackwell Science Ltd, Journal of Nursing Management, 10, 357–364
consistently, they would ensure some consistency across
entry levels of training and education (Finn 1991).
Heywood et al. (1992, p. 15) list the general benefits for
an occupation when having competency entry require-
ments such as:
• consistent recognition across States and Territories;
• accreditation by all States and Territories for appli-
cants who meet the Standards (whether trained in
Australia or overseas);
• an open and equitable assessment of those with
overseas education and work experience against
agreed, public standards of performance;
• articulated training and progression within indus-
tries; and
• recognized articulations with related occupations.
Following discussions with industry, education and
the community, the Mayer Report produced a list of
seven key competencies and these competencies were
designed to reflect a focus for education and industry
notions of �best practice� (Mayer 1992). These key
competencies reflect the ability to:
• collect, analyse and organize information;
• communicate ideas and information;
• plan and organize activities;
• work with others in teams;
• use mathematical ideas and techniques;
• solve problems;
• use technology; and
• use cultural understandings (Gonczi et al. 1995, p. 3).
The most significant aspect of competence-based as-
sessment is the focus on outcome performance rather
than the means taken to acquire an ability. For example,
the length of training of the number of examinations is
less important than the ability to do something measured
against predetermined standards. This shift allows more
flexibility in the system allowing educational establish-
ments and individuals to choose from a range of learning
opportunities to achieve and take responsibility for the
required level of end performance (Anderson 1994).
Competence has been considered from the narrowest
of perspectives as lists of tasks able to be completed
through to the more complex abstract abilities to provide
an appropriate level of professional practice in a variety
of contexts. The latter competence involves abilities to
combine knowledge, attitudes and psychomotor skills
appropriate to professional service delivery (Girot 1993).
Writing and setting competencies that accommodate
the challenging and complex work of professionals is
contentious because the more accommodation that
is made for independent decision-making the less easy it
is to set specific criteria for the measurement of success.
It is easier to assess competencies that relate to specific
psychomotor skills and this is possibly why more pro-
gress has been made in vocational education. However,
Heywood et al. (1992, p. 16) claim that:
�Competency standards make no claim to exhaust
all facets of a profession, just as traditional
courses for professionals do not claim to be totally
comprehensive. What a good set of competency
standards does is to provide a clear statement of
what is considered to be important in competent
performance in that profession.�These authors (Heywood et al. 1992, p. 16) reiterate
that a competence is not directly observable but
describes a set of �… characteristics or attributes that
underlie and enable competent performance in an
occupation�. The ANRAC (1990) Nursing Competen-
cies Assessment Project undertook the original work on
competencies in Australian Nursing. They addressed the
issue of measurement and agreed that:
�The act of assessment for professionals compe-
tence is the making of an inference about the
candidates� knowledge, attitudes and practice. A
legal paradigm involving weighing evidence is
more appropriate that a scientific paradigm
entailing measurement.’ (ANRAC 1990, p. 39)
Competencies for beginning professionals also need
to take an account of the future needs of the workplace
where changes have occurred and will continue to occur
because of the introduction of new technologies and
new professional knowledge. Some tensions arise from
differing interpretations of the specific role of training
and more general approaches to education.
Education can be closely tied to a concept of �trans-
ferable skills�. In terms of higher education this again
favours the specific transfer of skills required by the
National Curriculum Council (UK) in relation to
�problem solving; communication; personal skills;
application of mathematics; information technology and
foreign language competence� (Milligan 1998, p. 276).
Within Australia, wider debates on competencies
occur within the framework of the National Training
Board, which sets national skill standards for occupa-
tions from entry to paraprofessional level. The use of
the term �competence� across a range of educational and
training fields has led to an increase rather than a
decrease in the variety of meanings and uses of the term.
The term �competence� became part of the education
debate in Australia in 1985. The Quality Education
Review Committee described competence as �the ability
to use knowledge and skills effectively to achieve a
purpose�. This general definition continues to have some
Regulation of nursing practice2
ª 2002 Blackwell Science Ltd, Journal of Nursing Management, 10, 357–364 359
relevance in areas of industry reform and postcompul-
sory schooling (Monash 1998, p. 1).
Beginning competence in nursing
Beginning competence is taken to mean entry-level
competence for professional practice. Beginning com-
petencies for Australian nurses were developed in the
early part of the decade. The ANCI competencies, as
they are known, originated from the ANRAC confer-
ence in 1986 as a response to concerns about variations
in requirements for nursing registration and enrolment
in each State and Territory.
In response, minimum competencies were designed to
provide a national registration base level. Competencies
were developed following agreement on a series of
competency standards, a philosophy of nursing and role
statements. These competencies were validated through
fieldwork carried out in workshops and with new
graduates. Nursing regulatory authorities adopted these
competencies in 1990 following a series of seminars,
issues paper and professional development workshops
(ANRAC 1990, ANCI 1995).
Continuing competence in Australian nursing
In Australia, continuing competence and recency of
practice are closely linked with the nursing legislation in
many of the States and Territories through the various
Nurses and Nursing Acts. In all Australian jurisdictions,
nursing registration authorities have been set up by
parliaments to establish and maintain acceptable stan-
dards of nursing care in the particular State or Territory
in which they function.
Table 1 outlines the current Acts for each State and
Territory of Australia. Johnson (1995) presents the
position in each State regarding those acts, which legis-
late conditions relating to recency of practice and those
that do not. In summary, the following legislatures
require proof of relevant practice within the previous
5 years prior to annual relicensing: Queensland, Aus-
tralian Capital Territory, Victoria, Western Australia
and South Australia. In the Northern Territory and
Tasmania there is no mention in the Act of recency of
practice.
However, the Northern Territory in a 1995 commu-
nication between the Registrars of the Australian
Nursing Registration Authorities and ANCI indicated
that persons not practising nursing in the previous
5 years would be considered to be unsafe to practice. In
the case of Tasmania, the Nursing Act 1995 establishes
the Nursing Board which required it ensure that nurses
maintain a high standard and to protect the public from
unsafe, incompetent and unethical nursing practices’
(Bates & Dewdney 1996). New South Wales is the only
exception.
There is no mention in the New South Wales Act of
the necessity to provide evidence of continuing compe-
tence prior to annual re-registration and the provisions
do not include recency of practice requirements for
continued registration. Further, according to a letter of
6 March 1995 from the Registrar, Nurses Registration
Board, to the Chief Executive Officer, ANCI, there are
no plans to change existing legislation.
Initial and continuing competence
None of the Acts specifically address the issue of
indicators of continuing competence beyond that of
recency of practice. The assumption is that, in applying
for renewal of licence, the nurse is per se asserting
his/her competence to practice: which should be granted
if there is no cause for removal from the register.
However, the Councils are clearly cognizant of other
issues. For example, Queensland Nursing Council, in
the (1997) Information paper no. 4 states that:
�Section 54 (2A) (of the Nursing Act 1992)
… requires Council to be satisfied that an appli-
cant for registration, and hence renewal of that
registration, is fit and competent to practice
nursing. In the absence of outcomes from the
projects being undertaken by the Australian
Nursing Council Incorporated and the Nurses
Board of Victoria. Council considers it would be
inappropriate to attempt to define such matters as
indicators of continuing competence and the
measurement of what is sufficient experience.�
Legal requirements
Whilst there is not one single definitive statement
relating to recency of practice, there is an assumption
Table 1Current Nurses Acts in Australia
State/Territory Current Act
South Australia Nurses Act 1984Victoria Nursing Act 1993Queensland Nursing Act 1992New South Wales Nurses Act 1991ACT Nurses Act 1988Western Australia Nurses Act 1992Tasmania Nursing Act 1995Northern Territory Nursing Act 1982
A. Pearson et al.
360 ª 2002 Blackwell Science Ltd, Journal of Nursing Management, 10, 357–364
that nurses who have practiced in the last 5 years will
be safer and more competent in their practice. These
assumptions are based on a number of factors such as
the rapid changes that take place in the nursing envi-
ronment in terms of mediation and equipment and need
to keep abreast of changes in technology and nursing
practice, which includes:
�The introduction of new technologies, forms of
treatment, drugs and health information; chang-
ing demographics and population needs; and
increasing consumer awareness.� (Queensland
Nursing Council 1997)
The various Acts define the establishment and com-
position of the Nursing Boards and indicate the range of
procedures that are to be followed during the registra-
tion of nursing personnel in each State.
Figure 1 summarizes the different approaches taken by
Boards to relicensing. Disparities in the recency of prac-
tice legislature across States and Territories of Australia
indicate the difficulties faced by nursing authorities, and
the profession as a whole, in attempting to define, mon-
itor and regulate the continuing competence of nurses. A
review of current practices indicates the strong need to
work towards the development of common legislative
conditions relating to recency practice across Australia.
These disparities lead us to recognize that compe-
tency within a profession such as nursing is vastly
complex and difficult to operationalize into pragmatic
methods of regulation. Recency of practice is a simple
method of providing one indicator of competency.
However, this in itself does not recognize variations in
competency levels across nurses who have not practiced
for some time, and makes the assumption that nurses in
current practice, or who have not practiced for any
period up to 5 years, are indeed competent. Clearly,
other indicators of competency are required to monitor
re-registering nurses, alongside a growth in opportuni-
ties for nurses to undertake further professional devel-
opment. One potential direction is the use of a
competency assessment for nurses re-entering nursing
after a period away from the profession, and expanded
opportunities for nurses to undertake refresher or
re-entry training, based upon the outcomes of the assess-
ment and/or through personal choice for the training.
Figure 1Approaches to the relicensing of nurses by Australian States and Territories.
Regulation of nursing practice2
ª 2002 Blackwell Science Ltd, Journal of Nursing Management, 10, 357–364 361
Alternative methods of regulating continuing com-
petence across a range of other professions are pre-
sented below, and are discussed in terms of the potential
for the nursing profession.
Continuing competence in other professionsin Australia
The means by which continuing competence is estab-
lished varies greatly across professions. Of the profes-
sions reviewed here (see Table 2) only physiotherapy
has an Act that addresses the recency of practice. Sim-
ilar to nursing, physiotherapists must have practiced in
a relevant field within the last 5 years to continue to
obtain registration.
However, across the professions, alternative criteria
for registration and/or assessment of competency have
been established (see Table 2). In the case of engineering,
prospective members must have worked in the field for
at least 3 years, and are required to complete a 4–500-
word competency-based report and examination to gain
membership. Continued competence is monitored
through the use of a work logbook, which is required to
maintain registration. These stringent requirements may
be more appropriate in this field, whereby the profes-
sion is self-regulating and membership to the national
body is voluntary. Therefore, those wishing to demon-
strate and maintain their professional competency are
able to do so via a voluntary system. However, this
system provides no assurance of competency amongst
those who do not register.
The most common form of competency assessment
and maintenance identified in the review is a points
system, whereby individuals must obtain a specific
number of points within a set time period, to obtain
or maintain registration. Points are obtained via
Table 2An overview of continuing competence across other professions in Australia
Profession Registration and recency requirements Alternative criteria for registration or competency assessment
Medicine Re-registration by fee only. No recencyof practice required
Specialist colleges such as The Royal Australian College of General Practitionershave their own criteria: members are required to accrue 130 points every 3 years,through continuing medical education, practice assessment orprofessional development
Law There are variations in registrationacross states, however, there are norecency requirements. In SouthAustralia, practitioners must applyevery year to obtain the practicingcertificate
In South Australia, responsibility for admitting a practitioner lies with the SupremeCourt. However, responsibility for the annual practicing certificate has beenpassed to the Law Society of South Australia
Engineering Engineering is a self-regulatingprofession, with voluntary member-ship through a national body: Instituteof Engineers. There are no recencyrequirements.
Prospective members may approach the institute to become a member after 3 yearsof practice. Prospective members must complete a 4000–5000-wordcompetence-based report and pass an examination to gain membership.Continuing competence is established through a log-book of work, required tomaintain membership
Social work There is no State or Federal legislationto regulate social work, and thereforeno recency requirements.
Social workers can register with a national professional body: the AustralianAssociation of Social Workers if they have completed an accredited course. Thereis a continuing professional education programme with a points system thatallows membership. This membership is frequently required by employers
Psychology Requirements to practice are regulatedby each State. There are norecency requirements
Individuals who have completed relevant accredited education and/or a period ofsupervised practice may apply to the Psychological Registration Board in theirstate. There are a number of professional bodies of psychologists throughoutAustralia that have requirements for specialist professional status in the field
Physiotherapy There are variations across States. InSouth Australia, the PhysiotherapistsAct contains a 5-year recency ofpractice clause. However, in Victoria,registration is by fee only
The Australian Physiotherapy Association has introduced a programme ofmandatory continuing professional development, whereby physiotherapistsobtain professional development points for a variety of professional activities,including speaking at conferences, lecturing and student supervision
Accountancy There is no legislation governing thepractice of accountants, exceptingthose practicing in the areas oftaxation, company audits andinsolvancy. There are no recencyrequirements
Broadly, accountants are regulated by professional bodies such as the Associationof certified Practicing Accountants and The Institute of Chartered Accountants.These bodies require members to undertake professional development and abideby a code of conduct. Certified Practicing Accountants are required to undertakea set number of professional development hours over 3 years, with randomaudits to ensure compliance with this requirement
All information was obtained from personal communications with the organizations named in the overview.
A. Pearson et al.
362 ª 2002 Blackwell Science Ltd, Journal of Nursing Management, 10, 357–364
continuing education within the field, continued pro-
fessional development, practice assessments, lecturing,
speaking at conferences and student supervision. Simi-
larly, Certified Practicing Accountants are required to
undertake a set number of professional development
hours each 3 years, with random audits undertaken to
ensure individuals are meeting these requirements.
This form of competency regulation provides one
such direction for the nursing profession. The potential
exists for nursing authorities to establish a national
framework for competency regulation through contin-
ued professional development points system, whereby
nurses are required to undertake professional activities
such as attending inservices, workshops and/or confer-
ences, completing practice assessments and undertaking
supervision.
Conclusion: continuing competencein Australian nursing
There is extensive literature on the development and
adoption of various methods and systems for assessing
initial competence and monitoring continuing compe-
tence in the professions. However, besides anecdote
and local evaluation, there is little evidence to suggest
that any one method is better than another. No pro-
fession appears to have found a definitive answer to
the issue of continuing competence – one that is rea-
sonable to administer, reliable and acceptable to the
profession.
The review of other professions shows that there is
intensive interest and a great deal of activity directed at
monitoring the continuing competence amongst most
professions. The issue is clearly taken seriously by these
professions although none appear to have achieved
greater success than nursing in developing an effective
system.
Nursing has advanced rapidly in this area interna-
tionally, and has made more progress in the past
decade than many other professions both in Australia
and in the rest of the world. The challenges ahead are
to draw on the work that has been carried out to
date, canvass the views of experts and consumers, and
to develop and rigorously evaluate a system that is
acceptable to the profession and the community it
serves.
A number of recommendations are proposed here
for the future development of competency regula-
tion in nursing. The first is the need for a national
research programme to assess current professional
competency standards and regulation in nursing
practice, and draw upon key professionals in the field
to examine the development of clearer competency
standards in nursing. It is further recommended that
researchers, in collaboration with nursing authorities,
examine the potential to utilize systems drawn across
from other professions, such as a professional devel-
opment points system. Finally, this review of current
practices and literature indicates the strong need to
work towards the development of common legislative
conditions relating to recency practice, and indeed,
alternative methods of competency assessment and
regulation across all States and Territories in Austra-
lia. The disparities in competency standards across the
States and Territories provide a clear indication of the
uncertain terms with which we address continued
competency within the nursing profession, and the
need for well established and common standards
across Australia.
Acknowledgements
The authors wish to acknowledge the assistance of theAustralian Nursing Council Inc. and Dr Helen McCutcheonand Ms Catherine Andrews for their assistance in preparingthis paper.
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