Moved by
Baroness Greengross
16: After Clause 85, insert the following new Clause—
“Regulation of healthcare and care assistants
(1) HEE shall establish and maintain a register of qualified healthcare assistants and care assistants.
(2) HEE shall, from time to time—
(a) establish the standards of proficiency necessary for admission to the register being the standards it considers necessary for safe and effective practice under the register; and
(b) prescribe the requirements to be met as to evidence of good health and good character in order to satisfy HEE that an applicant is capable of safe and effective practice as a healthcare assistant or care assistant.
(3) Regulations may prescribe—
(a) access to the register;
(b) the process of application to and acceptance on the register;
(c) the process of registration and readmission;
(d) deemed registration of EEA health care assistants and care assistants;
(e) lapse of registration;
(f) approved qualifications;
(g) EEA qualifications; and
(h) fitness to practice under the register.
(4) HEE shall, before carrying out duties prescribed in subsections (1) and (2), consult—
(a) the Secretary of State;
(b) the Care Quality Commission;
(c) such other persons, or other persons of such a description, as may be prescribed; and
(d) any other person it considers appropriate.
(5) “A healthcare assistant” is an individual who provides personal care for the health service, but who is not—
(a) a carer as defined under this Act;
(b) a healthcare worker currently registered with the General Medical Council or Nursing and Midwifery Council; or
(c) any other healthcare worker as may be prescribed.
(6) A “care assistant” is an individual who provides personal care for the purposes of adult social care, but who is not—
(a) a carer as defined under this Act;
(b) a healthcare worker currently registered with the General Medical Council or Nursing and Midwifery Council; or
(c) any other healthcare worker as may be prescribed.
(7) “Adult social care”—
(a) includes all forms of personal care and other practical assistance for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, but
(b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards Act 2000.”