On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 01/01/2009.
5.
—(1) Every licensee shall —
(a)
regularly check, or ensure that a responsible person regularly checks, the electronic mail address or facsimile referred to in regulation 4(1) for MedAlerts sent through the MedAlert System to the licensee; and
(b)
disseminate, or ensure that a responsible person disseminates, the information contained in a MedAlert in accordance with paragraph (2), (3) or (4), as the case may be.
(2) Subject to paragraph (4), where a MedAlert has been sent to a licensee through the MedAlert System on a business day of his licensed premises or conveyance, the information contained in the MedAlert shall be disseminated to —
(a)
every healthcare worker of the licensed premises or conveyance within 24 hours of the information having been sent through the MedAlert System; or
(b)
such categories of healthcare workers of the licensed premises or conveyance, and within such period, as the MedAlert may specifically provide.
(3) Subject to paragraph (4), where a MedAlert has been sent to a licensee through the MedAlert System on a day other than a business day of his licensed premises or conveyance, the information contained in the MedAlert shall be disseminated to —
(a)
every healthcare worker of the licensed premises or conveyance by the next business day of the licensed premises or conveyance; or
(b)
such categories of healthcare workers of the licensed premises or conveyance, and within such period, as the MedAlert may specifically provide.
(4) Where any healthcare worker to whom information contained in a MedAlert is to be disseminated is not at the licensed premises or conveyance at the time the information is required to be disseminated to him under paragraph (2) or (3), the information shall be disseminated to the healthcare worker —
(a)
when the healthcare worker next attends at the licensed premises or conveyance; and
(b)
before the healthcare worker handles or deals with any patient of the licensed premises or conveyance, or any biological sample taken from such a patient.
(5) Any licensee who contravenes paragraph (1)(b) shall be guilty of an offence.
(6) If a licensee is charged with an offence under paragraph (5), it shall be a defence for him to prove any of the following:
(a)
the MedAlert did not arrive at the electronic mail address or the facsimile number which the licensee had provided to the Director under regulation 3(3)(b) or 4(1)(b);
(b)
the MedAlert arrived at the electronic mail address or at the facsimile number which the licensee had provided to the Director under regulation 3(3)(b) or 4(1)(b) at a time which made it impossible for the licensee or the responsible person to disseminate the information contained in the MedAlert in accordance with paragraph (2), (3) or (4), as the case may be, but he disseminated the information or caused the information to be disseminated to the healthcare workers of the licensed premises or conveyance as soon as, with reasonable diligence, he could do so; or
(c)
the licensee or the responsible person could not, with reasonable diligence, access the electronic mail at the electronic mail address or the facsimile transmission at the facsimile number which the licensee had provided to the Director under regulation 3(3)(b) or 4(1)(b) until after the expiry of the period within which the information contained in the MedAlert is required to be disseminated under paragraph (2), (3) or (4), as the case may be, but —
(i)
the licensee or the responsible person accessed the electronic mail or the facsimile transmission as soon as, with reasonable diligence, he could do so; and
(ii)
he disseminated the information to the healthcare workers of the licensed premises or conveyance of the licensee as soon as, with reasonable diligence, he could do so.