http://www.legislation.gov.uk/wsi/2011/734/contents/made

The Independent Health Care (Wales) Regulations 2011

Medical and psychiatric treatment

Health care

Health and social care professionals

Nursing

Child health services

King's Printer of Acts of Parliament

2016-09-30

PUBLIC HEALTH, WALES

These Regulations are made under the Care Standards Act 2000 (“the Act”) and apply to independent hospitals, independent clinics and independent medical agencies in Wales. The Act provides in relation to Wales for the registration and inspection of establishments and agencies, including independent health care establishments, by the Welsh Ministers and empowers the Welsh Ministers to make regulations governing their conduct.

The Independent Health Care (Wales) Regulations 2011

Rheoliadau Gofal Iechyd Annibynnol (Cymru) 2011

reg. 2(1)

The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013

Sch. 2

para. 202(a)(i)

The Independent Health Care (Wales) Regulations 2011

Rheoliadau Gofal Iechyd Annibynnol (Cymru) 2011

reg. 2(1)

The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013

Sch. 2

para. 202(a)(ii)

The Independent Health Care (Wales) Regulations 2011

Rheoliadau Gofal Iechyd Annibynnol (Cymru) 2011

reg. 2(1)

The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013

Sch. 2

para. 202(a)(iii)

The Independent Health Care (Wales) Regulations 2011

Rheoliadau Gofal Iechyd Annibynnol (Cymru) 2011

reg. 2(1)

The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013

Sch. 2

para. 202(b)(i)

The Independent Health Care (Wales) Regulations 2011

Rheoliadau Gofal Iechyd Annibynnol (Cymru) 2011

reg. 2(1)

The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013

Sch. 2

para. 202(b)(ii)

The Independent Health Care (Wales) Regulations 2011

Rheoliadau Gofal Iechyd Annibynnol (Cymru) 2011

reg. 2(1)

The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013

Sch. 2

para. 202(b)(iii)

The Independent Health Care (Wales) Regulations 2011

Rheoliadau Gofal Iechyd Annibynnol (Cymru) 2011

reg. 2(1)

The Private Dentistry (Wales) Regulations 2017

Rheoliadau Deintyddiaeth Breifat (Cymru) 2017

reg. 38(1)

reg. 1

The Independent Health Care (Wales) Regulations 2011

Rheoliadau Gofal Iechyd Annibynnol (Cymru) 2011

reg. 3(2)(ba)

The Private Dentistry (Wales) Regulations 2017

Rheoliadau Deintyddiaeth Breifat (Cymru) 2017

reg. 38(2)

reg. 1

The Independent Health Care (Wales) Regulations 2011

Rheoliadau Gofal Iechyd Annibynnol (Cymru) 2011

reg. 10(4)(a)

The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016

Sch. 2

para. 15(a)

reg. 1

The Independent Health Care (Wales) Regulations 2011

Rheoliadau Gofal Iechyd Annibynnol (Cymru) 2011

reg. 10(4)(a)

The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016

Sch. 2

para. 15(b)

reg. 1

The Independent Health Care (Wales) Regulations 2011

Rheoliadau Gofal Iechyd Annibynnol (Cymru) 2011

reg. 25(2)

Care Act 2014

Sch. 8

para. 12

s. 119(3)

s. 127

art. 5(n)

The Independent Health Care (Wales) Regulations 2011

PART 1General

1Title, commencement and application

2Interpretation

3Meaning of “independent hospital”

4Meaning of “independent clinic”

5Exception of undertaking from the definition of independent medical agency

6Statement of purpose

7Patients' guide

8Review of statement of purpose and patients' guide

9Policies and procedures

PART IIRegistered Persons

10Fitness of registered provider

11Appointment of manager

12Fitness of manager

13Registered person-general requirements

14Notification of offences

PART IIIConduct of Health Care Establishments and Agencies

Chapter 1Quality of Service Provision

15Quality of treatment and other service provision

16Safeguarding patients from abuse

17Capacity of patients

18Privacy, dignity and relationships

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

20Staffing

21Fitness of workers

22Guidance for health care professionals

26Fitness of premises

27Fitness of premises – learning disability

Chapter 3Management

28Visits by registered provider to establishments

29Financial position

Chapter 4Notices to be given to the registration authority

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

31Notification of events

32Notice of absence of registered person

33Notice of changes

34Appointment of liquidators etc

35Death of registered person

PART IVAdditional Requirements applying to Independent Hospitals

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

36Application of regulations 37 to 39

37Pathology services

38Resuscitation

39Treatment of children

Chapter 2Independent Hospitals in which Certain Listed Services are Provided

40Surgical procedures

41Dental treatment under general anaesthesia

42Obstetric services staffing

43Obstetric services further requirements

44Termination of pregnancies

45Use of certain techniques or technology

Chapter 3Mental Health Hospitals

46Application of regulations 47 to 50

47Safety of patients and others

48Visitors

49Mental health records

PART VAdditional Requirements Applying to Independent Clinics

50Independent clinics

PART VIMiscellaneous

51Compliance with regulations

52Offences

53Transitional provisions

54Revocation and savings

SCHEDULE 1Information to be included in the Statement of Purpose

1The aims and objectives of the establishment or agency.

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

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

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

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

6The registered provider’s organisational structure.

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

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

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

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

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

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

SCHEDULE 2Information required in respect of persons seeking to carry on, manage or work at an establishment or agency

1Positive proof of identity including a recent photograph.

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

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

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

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

6Documentary evidence of any relevant qualification.

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

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

SCHEDULE 3

PART 1Period for which Medical Records must be Retained

PART 11Records to be Maintained for Inspection

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

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

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

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

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

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

SCHEDULE 4

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

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

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

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

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

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

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

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

7A daily statement of the child’s health.

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

2011 No. 734 (W.112)

PUBLIC HEALTH, WALES

The Independent Health Care (Wales) Regulations 2011

Made10 March 2011

Laid before the National Assembly for Wales14 March 2011

Coming into force5 April 2011

The Welsh Ministers1, in exercise of powers conferred on them by sections 2(4), (7)(f) and (8), 22(1),(2)(a) to (d), (f) to (j), (5)(a) and (7)(a) to (h), (j) and (k), 25(1), 33, 34(1), 35 and 118(5) to (7) of the Care Standards Act 20002 and having consulted such persons as they considers appropriate3, hereby make the following Regulations.