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Nurse Staffing Levels (Wales) Act 2016

Consolidated Text As Enacted Cited authorities 9 Cited in Related
Vincent
JurisdictionWales
Citation2016 anaw 5
Year2016
(1) In Part 2 of the National Health Service (Wales) Act 2006 (c.42) (health service bodies) , in Chapter 4 (miscellaneous) , before section 26 insert—
    Nursing services
    (25A) Duty to have regard to providing sufficient nurses
  • “(1) Subsection (2) applies where a Local Health Board is considering the extent of provision of nursing services for its area necessary to meet all reasonable requirements.
  • (2) The Local Health Board must have regard to the importance of—
  • (a) providing sufficient nurses to allow the nurses time to care for patients sensitively, and
  • (b) where securing the provision of nursing services, ensuring that there are sufficient nurses to allow the nurses time to care for patients sensitively.
Subsection (2) applies where a Local Health Board is considering the extent of provision of nursing services for its area necessary to meet all reasonable requirements.providing sufficient nurses to allow the nurses time to care for patients sensitively, andwhere securing the provision of nursing services, ensuring that there are sufficient nurses to allow the nurses time to care for patients sensitively.Where an NHS Trust in Wales provides nursing services it must provide those services to such extent as it considers necessary to meet all reasonable requirements; and subsection (4) applies where an NHS Trust in Wales is considering the extent of provision of nursing services.providing sufficient nurses to allow the nurses time to care for patients sensitively, andwhere securing the provision of nursing services, ensuring that there are sufficient nurses to allow the nurses time to care for patients sensitively.For the purposes of having regard to the importance of providing sufficient nurses to allow the nurses time to care for patients sensitively, a Local Health Board or NHS Trust in Wales must (among other things) undertake workforce planning (including planning the recruitment, retention, education and training of nurses) .a nurse providing care for patients include the provision of care by a person other than a nurse acting under the supervision of, or discharging duties delegated to the person by, a nurse;a “nurse” mean a registered nurse;an “NHS Trust in Wales” mean an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales.designate a person or a description of person to calculate the number of nurses appropriate to provide care to patients that meets all reasonable requirements in that situation (the “nurse staffing level”) ,take all reasonable steps to maintain the nurse staffing level, andmake arrangements for the purpose of informing patients of the nurse staffing level.A person designated by virtue of subsection (1) (a) (“a designated person”) must calculate the nurse staffing level in accordance with section 25C.adult acute medical inpatient wards,adult acute surgical inpatient wards, andsuch other situations as the Welsh Ministers may by regulations specify.exercise professional judgement, andthe average ratio of nurses to patients appropriate to provide care to patients that meets all reasonable requirements, estimated for a specified period using evidence-based workforce planning tools;the extent to which patients' well-being is known to be particularly sensitive to the provision of care by a nurse.in relation to different periods of time;depending on the conditions in which care is provided by a nurse.The Welsh Ministers must issue guidance about the duties under sections 25B and 25C and Local Health Boards and any NHS Trust to which those sections apply must have regard to the guidance.

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