The interpretation and implementation of regulatory fitness requirements

The Disability Rights Commission launched a general formal investigation (FI) into the impact of fitness standards on disabled people studying, qualifying, registering and working in three public sector professions, including nursing. The FI's review of statutory and regulatory frameworks identified a significant amount of primary and secondary legislation and guidance, with an array of fitness requirements of statutory basis. There is, however, scant reference to the Disability Discrimination Act. The FI additionally issued a forma call for evidence targeting key stakeholder organizations, exploring how these interpret and implement regulations and guidances. Responding organizations acknowledge that the potential for, and reality of, discrimination exists and stems from highly variable and subjective interpretations and implementation of the regulatory fitness requirements. There is a widely perceived lack of adequate and clear guidance for practice purposes. Fitness requirements can discourage disabled people from attempting entry into the profession. A risk-averse culture discourages disclosure, and can affect the types and timeliness of support being provided to disabled students and professionals.