38.—(1) Subject to paragraph (2), a contractor may not employ or engage a health care professional to perform clinical services under the agreement unless—
(a)the contractor has checked that the health care professional meets the requirements of regulation 34; or
(b)the contractor has taken reasonable steps to satisfy itself that the health care professional meets the requirements of regulation 36.
(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 the matters referred to in regulation 36 in accordance with paragraph (1) before employing or engaging the healthcare 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 any—
(a)post-graduate or post-registration qualification held by the health care professional; and
(b)relevant training undertaken, and any relevant clinical experience gained, by the health care professional.