165. In article 19 (post-registration training), after paragraph (2) insert—
“(2A) Paragraphs (1) and (2), so far as relating to a person (“P”) who is is a registrant only as a result of being a visiting nurse or midwife from a relevant European State, have effect subject to, respectively, paragraphs (2B) and (2C).
(2B) Rules made under paragraph (1)—
(a)may not impose requirements on P if P is required to undertake, in P's home State, continuing professional development in relation to the profession of nursing or midwifery (as the case may be); and
(b)where they impose requirements on P—
(i)shall take account of the fact that P is fully qualified to pursue that profession in P's home State, and
(ii)shall specify that continuing professional development which P is required to undertake by the requirements may be undertaken outside the United Kingdom.
(2C) Where rules make provision such as is mentioned in paragraph (2), the rules must secure that any sanction imposed in relation to P by or under that provision is appropriate and proportionate in view of P's continued lawful establishment in P's home State as a nurse or midwife (as the case may be).
(2D) In paragraphs (2B) and (2C) “home State”, in relation to P, means the relevant European State in which P is lawfully established as a nurse or midwife (as the case may be).”.