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45.—(1) Subject to paragraph (2), a contractor may not employ or engage a health care professional to perform clinical services under the contract unless—
(a)the contractor has checked that the health care professional meets the requirements of regulation 41; and
(b)the contractor has taken reasonable steps to satisfy itself that the health care professional meets the requirements of regulation 43.
(2) Where—
(a)the employment or engagement of a health care professional is urgently needed; and
(b)it is not possible for the contractor to check that the health care professional meets the requirements referred to in regulation 41 before employing or engaging the health care professional,
the contractor may employ or engage the health care professional on a temporary basis for a single period of up to seven days while such checks are undertaken.
(3) When considering a health care professional’s experience and training for the purposes of paragraph (1)(b), the contractor must, in particular, have regard to—
(a)any post-graduate or post-registration qualification held by the health care professional; and
(b)any relevant training undertaken, and any relevant clinical experience gained, by the health care professional.
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