Nurses Agencies Regulations 2002

Regulation 4

SCHEDULE 1 INFORMATION TO BE INCLUDED IN THE STATEMENT OF PURPOSE

1.  The aims and objectives of the agency.

2.  The nature of the services which the agency provides.

3.  The name and address of the registered provider and of any registered manager.

4.  The relevant qualifications and experience of the registered provider and any registered manager.

5.  The range of qualifications of nurses supplied by the agency, and the types of settings in which they are supplied to work.

6.  The complaints procedure established in accordance with regulation 18.

Regulations 7(3), 9(2) and 12(2)

SCHEDULE 2 INFORMATION REQUIRED IN RESPECT OF REGISTERED PROVIDERS AND MANAGERS OF AN AGENCY AND NURSES RESPONSIBLE FOR SELECTING NURSES FOR SUPPLY TO SERVICE USERS

1.  Proof of identity, including a recent photograph.

2.  Either—

(a) where the certificate is required for a purpose relating to section 115(5)(ea) of the Police Act 1997 (registration under Part II of the Care Standards Act 2000)(1), or the position falls within section 115(3) or (4) of that Act(2), an enhanced criminal record certificate issued under section 115 of that Act; or

(b) in any other case, a criminal record certificate issued under section 113 of that Act,

including, where applicable, the matters specified in sections 113(3A) and 115(6A) of that Act and the following provisions once they are in force, namely section 113(3C)(a) and (b) and section 115(6B)(a) and (b) of that Act(3).

3.  Two written references, including a reference relating to the last period of employment of not less than three months duration.

4.  Where a person has previously worked in a position which involved work with children or vulnerable adults, verification of the reason why she ceased to work in that position, unless it is not reasonably practicable to obtain such verification.

5.  Documentary evidence of any relevant qualifications and training.

6.  A full employment history, together with a satisfactory written explanation of any gaps in employment.

7.  Details of health record.

8.  In respect of a nurse to whom regulation 12(3) applies, confirmation of current registration with the Nursing and Midwifery Council(4), including details of the Part of the register in which the nurse is registered.

9.  Details of any professional indemnity insurance.

Regulation 12(1)

SCHEDULE 3 INFORMATION REQUIRED IN RESPECT OF NURSES TO BE SUPPLIED BY AN AGENCY

1.  Name, address, date of birth and telephone number.

2.  Name, address and telephone number of next of kin.

3.  Proof of identity, including a recent photograph.

4.  Details of any criminal offences—

(a) of which the person has been convicted, including details of any convictions which are spent within the meaning of section 1 of the Rehabilitation of Offenders Act 1974(5) and which may be disclosed by virtue of the Rehabilitation of Offenders (Exceptions) Order 1975(6); or

(b) in respect of which she has been cautioned by a constable and which, at the time the caution was given, she admitted.

5.  Two written references from nurses or other health professionals, including a reference relating to the last period of employment as a nurse of not less than three months duration.

6.  Where a nurse has previously worked in a position which involved work with children or vulnerable adults, verification of the reason why she ceased to work in that position, unless it is not reasonably practicable to obtain such verification.

7.  Evidence of a satisfactory knowledge of the English language, where the nurse’s nursing qualifications were obtained outside the United Kingdom.

8.  Documentary evidence of any relevant qualifications and training.

9.  A full employment history, together with a satisfactory written explanation of any gaps in employment and details of any current employment other than for the purposes of the agency.

10.  Details of health record, including immunisation status.

11.  Confirmation of current registration with the Nursing and Midwifery Council, including details of the Part of the register in which the nurse is registered.

12.  Details of any professional indemnity insurance.

Regulation 17

SCHEDULE 4 RECORDS TO BE MAINTAINED FOR INSPECTION

Records relating to supply of nurses

1.  Copies of all agreements between the agency and nurses supplied or to be supplied by the agency and evidence that a copy of any standard terms and conditions has been supplied by the agency to each nurse.

2.  Details of the remuneration payable to each nurse who is employed by the agency and her conditions of employment.

3.  Copies of any statement given to a service user setting out the qualifications and relevant experience of a nurse supplied to that service user.

4.  An alphabetical index of service users, including the full name, address and telephone number of each of them and any serial numbers assigned to them.

5.  An alphabetical index of nurses supplied or available for supply by the agency, including any serial numbers assigned to them.

6.  Details of each supply of a nurse to a service user.

7.  Where the agency is acting as an employment business and a nurse is supplied to provide nursing care in the private residence of a service user or patient, details of—

(a) the illness or disability from which the patient is suffering;

(b) the name and address of the patient’s general medical practitioner;

(c) other health professionals from whom the patient is receiving treatment;

(d) the patient’s next of kin;

(e) the patient’s religion;

(f) other occupants at the property where nursing will be provided; and

(g) the nursing plan devised for the patient and a detailed record of the nursing care provided.

Other records

1.  All information provided to the Commission for the purposes of registration in relation to the agency.

2.  Details of every allegation of abuse—

(a) against a nurse; or

(b) by a nurse (which is not the subject of a complaint made under regulation 18),

who is employed by the agency, including details of the investigations made, the outcome and any action taken in consequence.

Signed by authority of the Secretary of State for Health

Jacqui Smith

Minister of State,

Department of Health

21st December 2002

(1)

Section 115(5)(ea) is inserted by the Care Standards Act 2000, section 104.

(2)

A position is within section 115(3) if it involves regularly caring for, training, supervising or being in sole charge of persons aged under 18. A position is within section 115(4) if it is of a kind specified in regulations and involves regularly caring for, training, supervising or being in sole charge of persons aged 18 or over.

(3)

Sections 113(3A) and 115(6A) are added to the Police Act 1997 by section 8 of the Protection of Children Act 1999 (c. 14), and amended by sections 104 and 116 of, and paragraph 25 of Schedule 4 to, the Care Standards Act 2000. Sections 113(3C) and 115(6B) are added to the Police Act 1997 by section 90 of the Care Standards Act 2000 on a date to be appointed.

(4)

The register is maintained pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001 (S.I. 2002/253).

(5)

1974 c. 53.

(6)

S.I. 1975/1023. Relevant amendments have been made by S.I. 1986/1249, 1986/2268, 2001/1192 and 2002/441.