Guidance

Eligibility for healthcare roles

Updated 9 July 2024

Disclaimer: This is not legal advice. If you need help with making sure you are complying with the law, you should speak to a legal adviser. 

This leaflet looks at the eligibility of a range of roles within the healthcare sector based on generic descriptions of the roles and their responsibilities. This guidance applies whether the individuals are paid or unpaid. 

Any changes to a role or the activities that a person carries out can affect the level of check that is applicable. For more information, please refer to our website for full eligibility guidance. 

This guidance applies to DBS checks (previously known as criminal record checks) in England, Wales, the Channel Islands and the Isle of Man. Information on checks available in Scotland can be obtained from Disclosure Scotland. Information on checks available in Northern Ireland can be obtained from Access NI. 

1. Eligibility  

Any role that is involved in providing health or care services and also has contact with the patients can be eligible for at least a Standard DBS check. This leaflet looks at a range of specific roles and their eligibility.  Eligibility within the healthcare sector often refers to a ‘healthcare professional’. A healthcare professional is a person who is in a role that is regulated by any of the following professional regulators:

General Medical Council	General Pharmaceutical Council
General Dental Council	Nursing and Midwifery Council
General Optical Council	Health and Care Professions Council
General Osteopathic Council	Pharmaceutical Society of Northern Ireland
General Chiropractic Council	Social Work England

Where this leaflet refers to having contact with individuals in the health and care sectors, this can mean face-to-face contact, online contact or speaking to someone on the telephone. 

2. Doctors, nurses, and healthcare assistants 

Any role in the healthcare sector, where the individual is a regulated healthcare professional and their normal duties include providing healthcare to children and/or adults, is eligible for an Enhanced DBS check with a Children’s and/or Adults’ Barred List check. This is because they are carrying out regulated activity with children and/or adults. 

Any individual who is not a regulated healthcare professional themselves but provides healthcare under the direction or supervision of a healthcare professional is also in regulated activity with children and/or adults and is eligible for an Enhanced DBS check with a check of the relevant Barred List(s).  

Healthcare under the direction of a healthcare professional is where the individual has received instructions from a regulated healthcare professional about what treatment to provide and how to provide it to a patient.

2.1 Scenario 1 

Raheem works as a phlebotomist. His job involves being given instructions to take a specific amount of blood from child and adult patients and have it tested for iron levels. As he is providing healthcare under the direction of a regulated healthcare professional, he is carrying out regulated activity with children and adults and is eligible for an Enhanced DBS check in the child and adult workforce with both a Children’s and an Adults’ Barred List check.

Healthcare under the supervision of a healthcare professional is where the individual is in contact with a regulated healthcare professional at the point that they are providing treatment to a patient.

2.2 Scenario 2 

Callum works as a trainee nurse on a hospital ward which is supervised by a Sister. Even though Callum provides healthcare without the Sister physically with him at all times, the Sister is responsible for ensuring he carries out tasks correctly and as instructed. As Callum provides healthcare to child and adult patients under the supervision of a regulated healthcare professional, he is carrying out regulated activity with both children and adults and is eligible for an Enhanced DBS check in the child and adult workforce with a Children’s and an Adults’ Barred List checks.

2.3 Scenario 3 

Leah is referred by her doctor to join a slimming club. As no instructions about specific outcomes for an individual patient have been provided from the doctor to the person running that slimming class, this is not direction or supervision. The slimming class instructor is not eligible for an Enhanced with Barred List(s)DBS check. Unless there are any other activities that provide eligibility, the slimming class instructor can apply for a Basic DBS check.

3. Counsellors and psychotherapists 

Not all counsellors and psychotherapists are in regulated activity. The level of DBS check they are eligible for depends on whether they are directly working with a regulated healthcare professional, such as a GP or psychologist, to aid and support a person’s health and wellbeing while receiving treatment or care, or whether they provide their service to children often enough. Please refer to the scenarios below for more detail.

3.1 Scenario 4 

John provides a counselling service just to adults. He does not receive direct referrals from regulated healthcare professionals although sometimes a client says their GP recommended that they seek counselling. John can be asked to apply for an Enhanced DBS check in the adult workforce without an Adults’ Barred List check. This is because he is providing a form of treatment or therapy to adults.

3.2 Scenario 5 

Camilla also provides a counselling service just to adults, however some of her appointments are direct referrals from a local GP. This means that she is under the direction of a regulated healthcare professional, so is in regulated activity with adults and can be asked to apply for an Enhanced DBS check in the adult workforce with an Adults’ Barred List check.

3.3 Scenario 6  

Lucas provides a counselling service just for children. As his role is providing advice and guidance to children on their emotional, physical, or educational wellbeing, and as he is doing this on more than 3 days in a 30-day period, he is carrying out regulated activity with children. Therefore, he  can be asked to apply for an Enhanced DBS check in the child workforce with a Children’s Barred List check. It does not matter if his appointments are made via healthcare professionals or not.

If a counsellor or psychotherapist is self-employed and has no one to make a suitability decision on them, they will not be able to apply for a Standard or Enhanced DBS check on themselves. However, if they register with an accredited register, a DBS check may be part of the registration process. 

4. Regular day-to-day management 

Anyone who is the regular day-to-day manager of someone who is in regulated activity with children and/or  adults is also in regulated activity with that group and is therefore eligible for an Enhanced DBS check in the relevant workforce with the relevant Barred List check(s).  

Anyone who is the day-to-day manager of someone who is carrying out work with adults is also eligible for the same level of check - an Enhanced DBS check in the adult workforce without Barred List checks. 

5. Children’s hospices 

Where a hospice provides hospital functions exclusively for children, it is classed as a children’s hospital, unless it only provides day services.  

Hospital functions are: 

• providing medical and psychiatric treatment for illness and mental disorders 

• providing palliative care  

If the hospice provides day services only, eligibility depends on the activities each staff member is doing as part of their job. Auxiliary staff, including cleaners, can be eligible for a Standard DBS check if the hospice decides they are involved in the provision of healthcare and also have contact with patients.  

Hospice staff providing healthcare and personal care are carrying out regulated activity with children, so are eligible for an Enhanced DBS check in the child workforce with a Children’s Barred List check.  

6. Children’s hospitals 

Anyone working in any role or employment in a children’s hospital is carrying out work with children and is eligible for at least an Enhanced DBS check in the child workforce without a Children’s Barred List check if:  

• they work there more than once and 

• they have the opportunity, because of their job, to have contact with the children in the children’s hospital and 

• they work there for the purpose of the children’s hospital 

This does not apply to roles providing healthcare or personal care to the children as these activities are regulated activity with children anyway and are eligible for an Enhanced DBS check in the child workforce with a Children’s Barred List check. Other roles can also be eligible for a higher level of check, but this is because of what they do in their role, as opposed to where they work, as this leaflet goes on to explain. 

7. Hospital porters 

Individuals in this role can be eligible for different levels of DBS check depending on what their job involves on a day-to-day basis. If a hospital porter’s only responsibility is to collect waste materials and move equipment  from ward areas, and because of this they have direct contact with patients as part of their everyday activities, they can be eligible for a Standard DBS check in the child and adult workforce. This is where the hospital has decided that they are involved in the provision of health services because of what they do, and they have regular contact with patients.  

If their job includes transporting adult patients around the general hospital for medical treatments, then they are in regulated activity with adults and are eligible for an Enhanced DBS check in the adult workforce with an Adults’ Barred List check. This is because conveying adults to, from, or between healthcare appointments falls into the definition of regulated activity with adults.

7.1 Scenario 7 

Audrey works as a hospital porter in a general hospital. Her duties include moving adult and child patients around the hospital and removing waste materials from ward areas. When transporting child patients, she is accompanied by a member of nursing staff who has responsibility for the child. Audrey is eligible for an Enhanced DBS check in the adult workforce with an Adults’ Barred List check. She is not eligible for a check in the child workforce or a Children’s Barred List check as she is not responsible for supervising the children.

Transporting children around a hospital in the same way is not included in the definition of regulated activity with children. This means a hospital porter whose job includes moving children around a general hospital may only be eligible to apply for a Standard DBS check. However, if the hospital decides that the porter is supervising the children while moving them around the hospital, and they do this on more than 3 days in any 30-day period, they are then carrying out regulated activity with children and are eligible for an Enhanced DBS check in the child workforce with a Children’s Barred List check.

7.2 Scenario 8 

Jeremiah works as a hospital porter and his duties include moving adult and child patients around the hospital. His job description states that, when transporting adults and children around the hospital, their safety and wellbeing are his responsibility, even if a member of medical staff is present. Because of this, Jeremiah is supervising the children while he transports them around the hospital, and he is eligible for an Enhanced DBS check in the child and adult workforce with Children’s and Adults’ Barred List checks.

If they do not do this often enough, the porter is carrying out work with children and is eligible for an Enhanced DBS check only in the child workforce, without a check of the Children’s Barred List. 

Hospital porters working in a children’s hospital who do not meet the requirements of regulated activity are eligible for an Enhanced DBS check in the child workforce, without a Children’s Barred List check, regardless of what their duties are, if they are working there more than 3 days in any 30-day period. This is because of where they are working, as explained in the Children’s Hospitals section. 

8. Administrative roles 

Certain administrators whose jobs enable health services to be provided, and who have contact with patients because of their work, such as receptionists and medical secretaries, can be eligible for a Standard DBS check in the child and/or adult workforce if the employing organisation decides that their role is involved in the provision of health services.  

In a children’s hospital, these types of roles are carrying out work with children and are eligible for an Enhanced DBS check in the child workforce without a Children’s Barred List check, if they meet the conditions set out in the Children’s Hospitals section.  

If they do not meet all the criteria for children’s hospitals, administrative staff can be asked to apply for a Standard DBS check in the child workforce if the children’s hospital decides that their role is involved in the provision of health services, and they have contact with the children being treated there. 

Administrative roles across the healthcare sector that do not have access to patients are not eligible for a Standard or Enhanced DBS check. Recruiters can ask individuals to apply for a Basic DBS check for these roles. 

9. Other auxiliary roles 

Healthcare providers often contract out certain services such as cleaning or maintenance. For contractor roles, such as technicians, cleaners, plumbers, engineers, and electricians, the specific duties of their role need to be assessed individually to work out whether a DBS check is appropriate.  

If their daily duties take place in ward areas or other locations where they are likely to have contact with patients and the healthcare provider decides that their work supports the health services being provided, they are eligible for a Standard DBS check in the child and adult workforce. This could be a cleaner who maintains the cleanliness of ward areas to protect patients from risk of infections. Someone maintaining the electrics or heating in ward areas where there are patients, to enable the healthcare professionals to do their work is also eligible for a Standard DBS check. 

In a children’s hospital, these types of roles are carrying out work with children and are eligible for an Enhanced DBS check in the child workforce without any Barred List checks, if they meet the conditions in the Children’s Hospitals section.  

Someone who only works in office areas or public areas and does not have the opportunity for contact with patients when undertaking their duties is not eligible for a Standard DBS check. They can apply for a Basic DBS check. 

10. Commercial visitors 

Medical sales representatives who visit healthcare settings to sell medical supplies and equipment can apply for a Basic DBS check. There is no access to a higher level of check available for these roles. 

If a contractor is responsible for the maintenance of equipment in spaces where patients are present, they can be eligible for a Standard DBS check in the child and adult workforce if the healthcare setting decides that the work they are doing is involved in the provision of health services.  

Medical suppliers may, in some instances, be required to demonstrate to a patient or regulated healthcare professional how to safely use certain equipment. In these cases, eligibility for an Enhanced DBS check in the relevant workforce may be considered. 

11. NHS telephone services, including 999 and 111 call handlers 

Call handlers who provide an information directory type of service, such as giving contact details for health services to adults or children, or where they redirect calls through to a healthcare professional who then provides the healthcare, advice, or guidance to an adult or child, are not eligible for a Standard or Enhanced DBS check. They can apply for a Basic DBS check. 

Call handlers who provide advice or guidance, but who are not under the direction or supervision of a healthcare professional can be eligible for an Enhanced DBS check in the relevant workforces, but there is no access to a check of the Children’s or Adults’ Barred List. Please refer to the Child and Adult Workforce Guides where the eligibility rules when working with the different groups can be found. If these rules are not met, access to a Standard DBS check can be available if the employing organisation decides that the call handler(s) are involved in the provision of health services and have contact with the people receiving these services. 

Call handlers working on the 999 and 111 services may be providing healthcare while working under the direction or supervision of regulated healthcare professionals. In order to do this, the call handler must receive direct instructions from the regulated healthcare professional about how to treat the patient whilst the healthcare is being provided. If this is in place, the call handler will be in regulated activity with children and adults and so an Enhanced DBS check in the child and adult workforce with both Barred Lists checks can be requested. 

Call handlers who do not receive direct instructions from a regulated healthcare professional are not providing healthcare, and so employing organisations should consider whether these roles are providing advice and guidance in line with the Workforce guides, as outlined in the earlier paragraph. 

12. Interpreters 

In healthcare settings, interpreters working for an agency are often required to attend appointments  to translate between the healthcare provider and their patient. They are not providing the healthcare, either as a regulated healthcare professional or under the direction of the regulated healthcare professional.  

Where an interpreter is translating the words of a doctor or other regulated healthcare professional who is diagnosing or treating a patient, the interpreter is eligible for a Standard DBS check in the relevant workforce, if the healthcare setting decides that their duties support the provision of health services and include contact with patients. 

If an interpreter is employed to work in a children’s hospital, they are carrying out work with children and are eligible for an Enhanced DBS check in the child workforce without any Barred List checks, if they meet the conditions set out for children’s hospitals.  

13. High-security psychiatric hospital roles 

There are 3 high-security psychiatric hospitals in England and Wales, and these are Ashworth, Broadmoor and Rampton.  

Anyone working in any role or employment in one of these establishments is carrying out work with adults and is eligible for an Enhanced DBS check in the adult workforce, without a Barred List check. This also applies to roles that would ordinarily only be eligible for a Standard DBS check or asked to apply for a Basic DBS check in a general healthcare setting. This is because high-security psychiatric hospitals are included in legislation in the definition of work with adults. 

This does not apply to those providing healthcare or personal care to the adults held in these facilities, as these activities are regulated activity with adults and eligible for an Enhanced DBS check in the adult workforce with an Adults’ Barred List check. 

14. NHS Counter Fraud Authority and security roles 

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2015 came into force on 26 February 2015, meaning that any roles within the NHS in England and Wales concerning counter-fraud, investigation, and security management are eligible for a Standard DBS check in the other workforce.