SCHEDULE 6OTHER CONTRACTUAL TERMS

PART 4PERSONS WHO PERFORM SERVICES

Conditions for employment and engagement57

1

A contractor shall not employ or engage —

a

a health care professional other than one to whom paragraph 52 applies unless the contractor has checked that the health care professional meets the requirements in paragraph 53; or

b

a health care professional to perform clinical services unless the contractor has taken reasonable steps to satisfy itself that the health care professional meets the requirements in paragraph 55.

2

Where the employment or engagement of a health care professional is urgently needed and it is not possible to check the matters referred to in paragraph 53 in accordance with sub-paragraph (1) before employing or engaging the health care professional, the health care professional may be employed or engaged on a temporary basis for a single period of up to 7 days whilst such checks are undertaken.

3

When considering a health care professional’s experience and training for the purpose of sub-paragraph (1)(b), the contractor shall have regard in particular to —

a

any post-graduate or post-registration qualification held by the health care professional; and

b

any relevant training undertaken by the health care professional and any relevant clinical experience gained by the health care professional.