The Independent Health Care (Wales) Regulations 2011

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1. Introductory Text

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   PART 1 General

   1. 1. Title, commencement and application

   2. 2. Interpretation

   3. 3. Meaning of “independent hospital”

   4. 4. Meaning of “independent clinic”

   5. 5. Exception of undertaking from the definition of independent medical agency

   6. 6. Statement of purpose

   7. 7. Patients' guide

   8. 8. Review of statement of purpose and patients' guide

   9. 9. Policies and procedures

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   PART II Registered Persons

   1. 10. Fitness of registered provider

   2. 11. Appointment of manager

   3. 12. Fitness of manager

   4. 13. Registered person-general requirements

   5. 14. Notification of offences

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   PART III Conduct of Health Care Establishments and Agencies

   1. Chapter 1 Quality of Service Provision

      1. 15. Quality of treatment and other service provision

      2. 16. Safeguarding patients from abuse

      3. 17. Capacity of patients

      4. 18. Privacy, dignity and relationships

      5. 19. Assessing and monitoring the quality of service provision including annual returns

      6. 20. Staffing

      7. 21. Fitness of workers

      8. 22. Guidance for health care professionals

      9. 23. Records

      10. 24. Complaints

      11. 25. Research

   2. Chapter 2 Premises

      1. 26. Fitness of premises

      2. 27. Fitness of premises – learning disability

   3. Chapter 3 Management

      1. 28. Visits by registered provider to establishments

      2. 29. Financial position

   4. Chapter 4 Notices to be given to the registration authority

      1. 30. Notification of death or unauthorised absence of a patient who is detained or liable to be detained under the Mental Health Act 1983

      2. 31. Notification of events

      3. 32. Notice of absence of registered person

      4. 33. Notice of changes

      5. 34. Appointment of liquidators etc

      6. 35. Death of registered person

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   PART IV Additional Requirements applying to Independent Hospitals

   1. Chapter 1 Pathology Services, Resuscitation and Treatment of Children in Independent Hospitals

      1. 36. Application of regulations 37 to 39

      2. 37. Pathology services

      3. 38. Resuscitation

      4. 39. Treatment of children

   2. Chapter 2 Independent Hospitals in which Certain Listed Services are Provided

      1. 40. Surgical procedures

      2. 41. Dental treatment under general anaesthesia

      3. 42. Obstetric services staffing

      4. 43. Obstetric services further requirements

      5. 44. Termination of pregnancies

      6. 45. Use of certain techniques or technology

   3. Chapter 3 Mental Health Hospitals

      1. 46. Application of regulations 47 to 50

      2. 47. Safety of patients and others

      3. 48. Visitors

      4. 49. Mental health records

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   PART V Additional Requirements Applying to Independent Clinics

   1. 50. Independent clinics

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   PART VI Miscellaneous

   1. 51. Compliance with regulations

   2. 52. Offences

   3. 53. Transitional provisions

   4. 54. Revocation and savings

8. Signature

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      SCHEDULE 1

      Information to be included in the Statement of Purpose

      1. 1. The aims and objectives of the establishment or agency.

      2. 2. The name, address, telephone, fax and electronic mail contact details...

      3. 3. The relevant qualifications and relevant experience of the registered provider...

      4. 4. In the case of an organisation, details of the responsible...

      5. 5. The number, relevant qualifications and experience of the staff working...

      6. 6. The registered provider’s organisational structure.

      7. 7. The kinds of treatment, facilities and all other services provided...

      8. 8. The arrangements made for seeking patients' views about the quality...

      9. 9. The arrangements made for contact between any in-patients and their...

      10. 10. The arrangements for dealing with complaints as set out in...

      11. 11. The arrangements for respecting the privacy and dignity of patients....

      12. 12. The date the statement of purpose was written and, where...

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      SCHEDULE 2

      Information required in respect of persons seeking to carry on, manage or work at an establishment or agency

      1. 1. Positive proof of identity including a recent photograph.

      2. 2. Either— (a) where the certificate is required for a purpose...

      3. 3. Either— (a) where the certificate is required for a purpose...

      4. 4. Written references from each of the person’s two most recent...

      5. 5. Where a person has previously worked in a position which...

      6. 6. Documentary evidence of any relevant qualification.

      7. 7. A full employment history, together with a satisfactory written explanation...

      8. 8. Where the person is a health care professional, details of...

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      SCHEDULE 3

      1. PART 1 Period for which Medical Records must be Retained

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         PART 11 Records to be Maintained for Inspection

         1. 1. A register of patients, including— (a) the name, address, telephone...

         2. 2. A register of all surgical operations performed in an establishment,...

         3. 3. A register of all mechanical and technical equipment used for...

         4. 4. A register of all events which must be notified to...

         5. 5. A record of the rostered shifts for each employee and...

         6. 6. A record of each person employed in or for the...

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      SCHEDULE 4

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         PART 1 Details to be Recorded in Respect of Patients Receiving Obstetric Services

         1. 1. The date and time of delivery of each patient, the...

         2. 2. The name and qualifications of the person who delivered the...

         3. 3. The date and time of any miscarriage occurring in the...

         4. 4. The date on which any child born to a patient...

         5. 5. If any child born to a patient died in the...

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         PART II Details to be Recorded in Respect of a Child Born in an Independent Hospital

         1. 6. Details of the weight and condition of the child at...

         2. 7. A daily statement of the child’s health.

         3. 8. If any paediatric examination is carried out involving any of...

10. Explanatory Note