NURSING AGENCIES (GENERAL PROVISIONS) (JERSEY) ORDER 1978

Transcription

1 NURSING AGENCIES (GENERAL PROVISIONS) (JERSEY) ORDER 1978 Revised Edition Showing the law as at 1 January 2018 This is a revised edition of the law

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3 Nursing Agencies (General Provisions) (Jersey) Order 1978 Arrangement NURSING AGENCIES (GENERAL PROVISIONS) (JERSEY) ORDER 1978 Arrangement Article 1 Interpretation Applications for licences Additional classes of persons who may be supplied Statement of qualifications Records to be kept Citation... 7 SCHEDULE 1 8 FORM OF APPLICATION FOR LICENCE 8 SCHEDULE 2 10 FORM OF STATEMENT IN WRITING FOR THE PURPOSES OF ARTICLE 3 OF THE LAW 10 PART 1 10 (NURSES AND MIDWIVES) 10 PART 2 11 (AUXILIARY NURSES) 11 Supporting Documents ENDNOTES 12 Table of Legislation History Table of Renumbered Provisions Revised Edition 1 January 2018 Page - 3

4 Arrangement Nursing Agencies (General Provisions) (Jersey) Order 1978 Table of Endnote References Page - 4 Revised Edition 1 January 2018

5 Nursing Agencies (General Provisions) (Jersey) Order 1978 Article 1 NURSING AGENCIES (GENERAL PROVISIONS) (JERSEY) ORDER THE HEALTH AND SOCIAL SERVICES COMMITTEE in pursuance of Articles 2, 3 and 6 of the Nursing Agencies (Jersey) Law , orders as follows Commencement [see endnotes] 1 Interpretation In this Order, unless the context otherwise requires auxiliary nurse means a person who has no recognized nursing or midwifery qualifications, is not a student-nurse and performs nonmedical duties associated with nursing; Law means the Nursing Agencies (Jersey) Law ; Minister has the meaning assigned to it by paragraph (1) of Article 1 of the Law. 2 Applications for licences (1) An application for a licence to carry on a nursing agency on any premises shall be made in writing to the Minister in the form set out in Schedule 1, or a form substantially to the same effect approved by the Minister, not later than one month before the licence is desired to come into force, or, where the application is for the renewal of a licence, not later than 4 weeks before the date on which the current licence is due to expire, and shall be accompanied by the appropriate fee. (2) Subject to paragraph (3), the appropriate fee for a licence shall be in the case of a first application for a licence and in the case of renewal of a licence by the same person in respect of the same premises. 4 Revised Edition 1 January 2018 Page - 5

6 Article 3 Nursing Agencies (General Provisions) (Jersey) Order 1978 (3) Where the application is made by reason only that it is proposed to carry on an agency in respect of which a licence is held on different premises, the fee shall be Additional classes of persons who may be supplied A person carrying on a nursing agency may supply, in addition to registered nurses, enrolled nurses and certified midwives, persons of the following classes (a) (b) (c) (d) (e) (f) (g) (h) persons on the list maintained under Section 5 of the Nurses Act 1957 of the United Kingdom; persons who hold the certificate of proficiency in mental nursing or the certificate of proficiency in the nursing of mental defectives formerly granted by the Royal Medico-Psychological Association or the former Joint Nursing and Midwives Council for Northern Ireland; persons who hold the tuberculosis nursing certificate granted by the British Tuberculosis Association; persons who hold the orthopædic nursing certificate granted by the Central Council for the Care of Cripples or the Joint Examination Board of the British Orthopædic Association and the said Central Council; persons who are entitled, under the Nurses Regulations 1957 of the United Kingdom, to use the name or title of service-trained nurse ; persons who are registered or enrolled as nurses under the Nurses (Scotland) Act 1951; persons who are registered or enrolled as nurses under the Nurses and Midwives Act (Northern Ireland) 1970, or are on the list maintained under Section 17 of that Act; auxiliary nurses. 4 Statement of qualifications A statement in writing for the purposes of Article 3(2) of the Law shall be in the form set out in either Part 1 or 2 of Schedule 2, whichever is appropriate to the case, and shall be delivered in person by the nurse or other person supplied on the day on which the nurse or other person reports for duty: Provided that if it is not reasonably practicable in the circumstances of any particular case for the statement to be delivered in person it may be sent by such other means as will enable it to be delivered not later than the end of the day next after that on which the nurse or other person reports for duty. 5 Records to be kept (1) A person carrying on a nursing agency shall keep records showing (a) the full name, address, age and qualifications of every nurse or other person who is or is to be supplied by the agency; Page - 6 Revised Edition 1 January 2018

7 Nursing Agencies (General Provisions) (Jersey) Order 1978 Article 6 (b) (c) (d) (e) (f) (g) (h) the name and professional qualifications of the registered nurse or the registered medical practitioner by or under whose supervision the selection of the person to be supplied for a particular case is made; the names and addresses of all persons to whom nurses or other persons are supplied, the name of the nurse or other person supplied in each case, and the dates and hours during which the nurse or other person was so supplied; where a nurse or other person is required for a private residence, the nature of the illness from which the patient is stated to be suffering; the weekly or monthly fee, charge or other consideration required in each case from the person to whom a nurse or other person is supplied, and the total fee, charge or other consideration required in each case; the total commission or fee and expenses, if any, charged in each case to the nurse or other person supplied, and (except in a case to which paragraph 1(g) applies) the net amount retained by, or, as the case may be, paid by the agency to, the nurse or other person supplied in each case; where nurses or other persons are directly employed by the agency, the annual salary and emoluments payable to, and conditions of employment of, each such nurse or other person; particulars of any complaints made against the agency and of the action taken thereon; (i) particulars of the contents of all statements given under Article 4. (2) For the purposes of this Article, where a nursing agency supplies auxiliary nurses, separate records shall be kept in relation thereto. 6 Citation This Order may be cited as the Nursing Agencies (General Provisions) (Jersey) Order Revised Edition 1 January 2018 Page - 7

8 SCHEDULE 1 Nursing Agencies (General Provisions) (Jersey) Order 1978 SCHEDULE 1 (Article 2) FORM OF APPLICATION FOR LICENCE I(We) apply to the Minister for Health and Social Services for a licence/renewal of a licence to carry on a nursing agency in pursuance of the provisions of the Nursing Agencies (Jersey) Law (a) Full name of the applicant(s). (Surname(s) in block capitals). (a) (b) Private address of the applicant(s). (b) (c) Age of applicant(s) if under 20. (c) (d) Professional status (if any) of applicant(s). (d) 2 If the application is made by a company, society, association or other body (a) (b) registered or principal office of the company, society, association or body. full name and address of each director, trustee or other person to be concerned in the management of the company, society, association or other body. 3 Full name, address, professional qualification and age (if under 20) of every person (if any) other than the applicant(s) who is, or is to be, responsible for the management of the agency. 4 (a) Name, style or title under which the agency is to be carried on. (a) (b) (b) Address of agency. (b) 5 Approximate number of staff proposed to be available for supply by the agency in each of the following categories (a) registered nurses; (a) (b) enrolled nurses; (b) (c) certified midwives; (c) (d) other classes; (d) (e) auxiliary nurses. (e) 6 Fees, charges and any other consideration proposed to be charged for the supply of persons in each of the categories referred to in paragraph 5(a) (d) to (a) private residences; (a) (a) Page - 8 Revised Edition 1 January 2018

9 Nursing Agencies (General Provisions) (Jersey) Order 1978 SCHEDULE 1 (b) hospitals; (b) (c) nursing homes; (c) (d) other institutions. (d) 7 Fees, charges and any other consideration proposed to be charged for the supply of auxiliary nurses to- (a) private residences; (a) (b) hospitals; (b) (c) nursing homes; (c) (d) other institutions. (d) Revised Edition 1 January 2018 Page - 9

10 SCHEDULE 2 Nursing Agencies (General Provisions) (Jersey) Order 1978 SCHEDULE 2 FORM OF STATEMENT IN WRITING FOR THE PURPOSES OF ARTICLE 3 OF THE LAW PART 1 (NURSES AND MIDWIVES) Name of agency... Address of agency To... (Name)... (address) This is to inform you that (Miss) (Mrs.) (Mr.)... (name of person supplied) who has been instructed to report to you on... to act as a nurse*/midwife*, is: (a) (b) (c) (d) a registered nurse on the following part(s) of the register*... an enrolled nurse* a certified midwife* on the following part(s) of the list kept under Section 5 of the Nurses Act 1957 of the United Kingdom*... (e) qualified as a...*... (Signature)... (Qualifications and position held)... (Date) *Delete as appropriate. If a person supplied falls into category (a) or (b) the part or parts of the register or list which he or she is on must be stated. If the person falls in category (e) his or her nursing or midwifery qualifications must be indicated. Page - 10 Revised Edition 1 January 2018

11 Nursing Agencies (General Provisions) (Jersey) Order 1978 SCHEDULE 2 PART 2 (AUXILIARY NURSES) Name of agency... Address of agency... To... (Name)... (address) This is to inform you that (Miss) (Mrs.)... (name of person supplied) who has been instructed to report to you on... to act as an auxiliary nurse has no nursing qualifications and is supplied solely for non-nursing duties.... (Signature)... (Date) Revised Edition 1 January 2018 Page - 11

12 Endnotes Nursing Agencies (General Provisions) (Jersey) Order 1978 ENDNOTES Table of Legislation History Legislation Year and No Commencement Nursing Agencies (General R&O January 1979 Provisions) (Jersey) Order 1978 Nursing Agencies (General R&O January 1983 Provisions) (Amendment) (Jersey) Order 1982 Nursing Agencies (General R&O January 1985 Provisions) (Amendment No. 2) (Jersey) Order 1984 Nursing Agencies (General R&O January 1988 Provisions) (Amendment No. 3) (Jersey) Order 1987 Nursing Agencies (General R&O January 1989 Provisions) (Amendment No. 4) (Jersey) Order 1988 Nursing Agencies (General R&O January 1990 Provisions) (Amendment No. 5) (Jersey) Order 1989 Nursing Agencies (General R&O January 1991 Provisions) (Amendment No. 6) (Jersey) Order 1990 Nursing Agencies (General R&O January 1992 Provisions) (Amendment No. 7) (Jersey) Order 1991 Nursing Agencies (General R&O January 1993 Provisions) (Amendment No. 8) (Jersey) Order 1992 Nursing Agencies (General R&O January 1994 Provisions) (Amendment No. 9) (Jersey) Order 1993 Nursing Agencies (General R&O January 1995 Provisions) (Amendment No. 10) (Jersey) Order 1994 Nursing Agencies (General R&O January 1996 Provisions) (Amendment No. 11) (Jersey) Order 1995 Nursing Agencies (General R&O January 1997 Provisions) (Amendment No. 12) (Jersey) Order 1996 Nursing Agencies (General R&O January 1998 Provisions) (Amendment No. 13) (Jersey) Order 1997 Nursing Agencies (General Provisions) (Amendment No. 14) (Jersey) Order 1998 R&O January 1999 Page - 12 Revised Edition 1 January 2018

13 Nursing Agencies (General Provisions) (Jersey) Order 1978 Endnotes Legislation Year and No Commencement Nursing Agencies (General R&O.23/ March 2000 Provisions) (Amendment No. 15) (Jersey) Order 2000 Nursing Agencies (General R&O.142/ January 2001 Provisions) (Amendment No. 16) (Jersey) Order 2000 Nursing Agencies (General R&O.184/ January 2002 Provisions) (Amendment No. 17) (Jersey) Order 2001 Nursing Agencies (General R&O.163/ January 2003 Provisions) (Amendment No. 18) (Jersey) Order 2002 Nursing Agencies (General R&O.134/ January 2004 Provisions) (Amendment No. 19) (Jersey) Order 2003 Nursing Agencies (General R&O.153/ January 2005 Provisions) (Amendment No. 20) (Jersey) Order 2004 States of Jersey (Amendments R&O.45/ December 2005 and Construction Provisions No. 5) (Jersey) Regulations 2005 Nursing Agencies (General R&O.175/ January 2006 Provisions) (Amendment No. 21) (Jersey) Order 2005 Nursing Agencies (General R&O.104/ January 2007 Provisions) (Amendment No. 22) (Jersey) Order 2006 Nursing Agencies (General R&O.140/ January 2008 Provisions) (Amendment No. 23) (Jersey) Order 2007 Health and Social Services (2009 R&O.168/ January 2009 Fees) (Jersey) Order 2008 Health and Social Services (2010 R&O.138/ January 2010 Fees) (Jersey) Order 2009 Health and Social Services (2011 R&O.135/ January 2011 Fees) (Jersey) Order 2010 Health and Social Services (2012 R&O.177/ January 2012 Fees) (Jersey) Order 2011 Health and Social Services (2013 R&O.166/ January 2013 Fees) (Jersey) Order 2012 Health and Social Services (2014 R&O.165/ January 2014 Fees) (Jersey) Order 2013 Health and Social Services (2015 R&O.214/ January 2015 Fees) (Jersey) Order 2014 Health and Social Services (2016 R&O.146/ November 2015 Fees Homes and Nursing) (Jersey) Order 2015 Health and Social Services (2018 Fees Homes and Nursing) R&O.123/ December 2017 Revised Edition 1 January 2018 Page - 13

14 Endnotes Nursing Agencies (General Provisions) (Jersey) Order 1978 Legislation Year and No Commencement (Jersey) Order 2017 Table of Renumbered Provisions Table of Endnote References Original Current 1(1) 1 1(2) spent, omitted from this revised edition 5(1)(j) 5(1)(i) FIRST SCHEDULE SCHEDULE 1 SECOND SCHEDULE SCHEDULE 2 PART I PART 1 PART II PART 2 1 This Order has been amended by the States of Jersey (Amendments and Construction Provisions No. 5) (Jersey) Regulations The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government 2 chapter chapter Article 2(2) substituted by R&O.214/2014, amended by R&O.146/2015, R&O.123/ Article 2(3) substituted by R&O.214/2014, amended by R&O.146/2015, R&O.123/2017 Page - 14 Revised Edition 1 January 2018