NER Portal Health Service Executive

National Employment Record

Terms & Conditions of Service

A. GENERAL TERMS AND CONDITIONS

Use of the National Employment Record (NER) is subject to the following terms and conditions. You must read, agree to and accept all of the terms and conditions prior to registration and use of the NER.

In these terms and conditions, the following terms and expressions shall have the meanings given to them in the Definitions section below:

1. Definitions

"DIME" means the Doctors Integrated Management E-System

"Employer’s HR Department(s)" or “Medical HR” means the administration team responsible for the pre-employment and employment processes for NCHDs, and includes personnel responsible for the administration of the information and activities related to NER as referred to in paragraph 5 of the Privacy Notice It includes but may not be limited to Medical Manpower, Medical Administration, Human Resources.

"NCHD" means Non-Consultant Hospital Doctor which includes Interns, Registrars, Senior House Officers, Specialist Registrars and Senior Registrars.

"NDTP" means National Doctors Training and Planning, a facility of the Health Service Executive (“HSE”).

"NER" means National Employment Record

"OHD" means the Occupational Health Department responsible for the pre-employment health assessment and screening of NCHDs.

"OSDS" means Open Sky Data Systems. This is the external database management company engaged by NDTP to provide system support and expertise.

Welcome to your personal National Employment Record (NER). The purpose of the NER is to facilitate NCHDs to rotate between participating employers within the HSE/Voluntary Hospitals/Section 38/39 Agencies and Private Hospitals who employ NCHDs, without the requirement for repetition of pre-employment paperwork.

2. Please note the following NER terms & conditions before registering an NER Account.

2.1 You must use a secure password to create an NER account upon initial registration. It is your responsibility to maintain the confidentiality and integrity of your account and password. You should never allow an internet browser to save your password on a public computer.

2.2 Following a period of 365 days inactivity, an NER account will be automatically deactivated. The account may be reactivated by your Employer’s HR Department, if required.

2.3 Data will be retained in accordance with the HSE Data Protection Policy. Except as otherwise required by law, if your NER account is closed for any reason, you will no longer have access to data, files, or other material you keep on the site and any closure of your Account may involve deletion of any content stored in your NER account for which HSE will have no liability whatsoever. HSE, in its sole discretion and as permitted or required by law, may retain some or all of your account information.

2.4. You are responsible for ensuring that the details that you provide are accurate and up to date. You are required to complete your hire form and upload requested documents.

2.5 The information which you enter and upload on your NER forms part of your employment record, and by registering you are giving the participating Employer’s HR Departments permission to verify the details (including but not limited to qualifications) that you have provided against records held by:

• the Medical Council of Ireland, or any similar medical registration body abroad;
• any academic institution;
• and any previous employers, whether in Ireland or abroad.

You accept that you are obliged to notify your employer immediately should there be any change in your registration status with the Medical Council during your rotation and update your details on your NER. You understand that changes in status include non-registration, any restriction, conditions, censure admonishment or removal from the register.

2.6 It remains at all times your personal responsibility to update the information on your NER and keep your NER current and up to date, e.g. change of address etc.

2.7 The requirement to update your NER does not absolve you of the obligation to personally notify your Employer’s HR Department of any information that may be material to your fitness to practice, or may otherwise impact on the participating employer’s reputation or insurance status including:

• medical council referrals in any jurisdiction;
• Garda investigation, criminal proceedings whether pending or concluded, etc. in any jurisdiction
• any other details which may impact on your fitness to practice

2.8. By registering your details you are agreeing to the maintenance of an NER account related to your employment for use by each of your participating employers. Your NER will therefore be used, and should be viewed by you as an electronic version of your pre-employment documentation. You are therefore accepting the full transfer of that file amongst participating employers as you rotate, including documents uploaded by you and your Employer’s HR Department and OHD, e.g. Garda Vetting, Work Permit, Immunisation Status documentation etc.

2.9 Your salary, emoluments and other expenses will be paid into the bank account that is nominated by you. It is your responsibility to keep these particulars up to date. By registering your details you are also:

• Authorising the participating employers to pay all future salary payments direct to the account details outlined provided by you.
• Authorising the participating employers to request verification of service details with any previous Public Sector Employer.

3. Occupational Health Requirements

You are required to:

• Complete your Pre Placement Health Assessment Form (PPHA).
• Upload Immunisation status details including Evidence of EPP (exposure prone procedure) clearance where required.

You are responsible for ensuring that the details you provide are accurate and correct to the best of your knowledge and inform OHD if there is any change in your medical circumstances.

Patient Medical Records and/or Patient Related Medical Records must not be uploaded onto the NER system.

By uploading your Pre Placement Health Assessment Form and related documents you are agreeing to the transfer of your PPHA form and related uploaded documents to your current employer’s OHD and any future employer’s OHD when you have been matched to your next rotation. Occupational Health Services may also upload medical information on your behalf in order to facilitate the sharing of medical information with other Occupational Health Services on a need-to-know basis.

Your Employer’s HR Department will not have access to any documents uploaded related to occupational health such as your, PPHA or vaccination records, other than as provided for under Section 2.2 of the Privacy Notice at Section B

4. Training Supports Scheme and Clinical Course and Exam Refund Scheme Modules

You will be required to make all funding claims under the Training Supports Scheme or Clinical Course and Exam Refund Scheme section, as appropriate, via your NER account.

You are responsible for ensuring that the information you provide is accurate and receipts are original and genuine.

All hard-copy original receipts must be held by you for a period of 6 years and made available for audit during this period if required.

5. ePortfolio

The ePortfolio section of the NER provides NCHDs with a location to store details regarding their personal training, learning and professional development. There is an option for NCHDs to seek verification of relevant data from their supervising Consultant, where they have no other facility to do this, i.e. do not have access to a training body portfolio. You are responsible for ensuring that the information you provide here is accurate and correct. It is essential in line with Data Protection legislation that this data is recorded anonymously, does not include any information or values which may identify a patient, client, colleague etc., such as but not limited to names, employee numbers, patient record numbers, date of births etc and the inclusion of any patient information on the ePortfolio is strictly prohibited

The information provided by you in your ePortfolio cannot be accessed by clinical sites via DIME, however HSE-NDTP and OSDS will have access for system management and troubleshooting purposes. You may seek verification of relevant records from a supervising Consultant, once this activity has occurred within a six month period. Information on these records will be visible by the nominated Consultant you choose to send this data to. The Consultant will access the data via a secure link sent by email. The Consultant will be able to view this data until it has been processed by them or six months has elapsed since the activity date, whichever is the sooner. It is your responsibility to ensure you select the correct IMC number and email address for the nominated Consultant.

6. Limitation of Liability

HSE will make all reasonable efforts to ensure that the Site is available 24 hours a day, seven days a week. However, electronic services are subject to interruption or breakdown. You hereby acknowledge and agree that the site is available for use ‘as is’ and ‘as available’, with no warranties of any kind whatsoever and that, without prejudice to the generality of the foregoing, HSE makes no warranty regarding, and shall have no responsibility for, the accuracy, availability, reliability, security, fitness for purpose or performance of the site or the contents thereof.

HSE will not be liable for or responsible for any loss or damage arising out of or in connection with the use or any inability to use NER/DIME or the information contained within NER/DIME (including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity and claims of third parties) even if HSE has been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable.

7. Force Majeure

HSE shall have no liability to any user if it is prevented from or delayed in performing its obligations under these terms by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, pandemic, epidemic, war, riot, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that users are notified of such an event and its expected duration.

8. Governing Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of Ireland and each user hereby submits to the exclusive jurisdiction of the Irish Courts.

B. PRIVACY NOTICE AND DATA PROTECTION

1. Purpose: why the HSE uses and processes your data:

1.1 The National Employment Record (“NER”) was introduced following a recommendation highlighted in the strategic review of medical training and career structures (MacCraith Report). It has been designed to reduce the repetitive completion of paperwork by NCHDs rotating to different hospitals/employers.

1.2 Using the NER allows NCHDs to interact virtually with Medical HR in their place of employment. The system allows for completion of a mandatory hire form online, together with the ability to upload mandatory documents and certificates for verification by Medical HR. Medical HR can also link in with an NCHDs NER account to upload mandatory documentation such as Garda Vetting, for example.

1.3 The NER also includes Occupational Health functionality, which allows NCHDs to complete pre-employment health assessment via the system, and upload immune status documentation.

1.4 There is also a Training Supports Scheme (TSS) and Clinical Course Exam & Refund (CCERS) Scheme section section on the NER Account which enables NCHDs to submit funding claims covered under the Training Supports Scheme by completing an online application form and uploading supporting documentation such as receipts and certificates of attendance.

1.5 There is also an E-Portfolio section which enables Non Training Scheme Doctors to record their career development and have their experience validated via their NER account

2. How your data is stored and shared:

2.1 Subject to section 2.2, your occupational health details form and certificates are only viewable by your employer’s Occupational Health Department (“OHD”) and all other details are only viewable by your Medical HR department.

2.2 Occupational Health data will be processed by your Occupational Health Department and the outcome of this Occupational Health assessment i.e. to determine fitness for employment will only be viewable by your Medical HR department to the extent that it is necessary for the Medical HR department to fulfil its legal and workplace policy obligations.

2.3 Your Occupational Health data will be viewable by your current employer’s Occupational Health Department, any future employer’s Occupational Health Department when you have been matched to your next rotation and the national administrators of the system within NDTP have ‘super user’ rights to oversee all other database users, to provide a help desk function to Occupational Health NER users and to run statistical reports at a national level.

2.4 In accordance with these terms and conditions, your NER will only be visible to:

• your current Employer’s HR Department or equivalent (hereafter known as the Employer's HR Department);
• your future Employer’s HR Department when you have been matched to your next rotation;
• your current Employer’s Occupational Health Department;
• your future Employer’s OHD when you have been matched to your next rotation;
• the national administrators of the system within NDTP who have ‘super user’ rights to oversee all other database users, to provide a help desk function to users, to assist with troubleshooting any system issues and to run statistical reports at a national level;
• Open Sky Data Systems (hereafter known as OSDS). This is the external database management company engaged by NDTP to provide system support and expertise.

2.5 Your current Employer’s HR Department and OHD will have access to your account for 60 days post- employment only, in order to allow them to add any residual documents after you have moved to your next post.

2.6 In order for your current Employer’s OHD to provide your occupational health records to your future Employer’s OHD, in accordance with the terms of use of the NER account, the HSE and your Employers rely on your explicit consent to the sharing of your health data in this way.

2.7 The personal information uploaded to your NER account will be stored by the HSE in accordance with the HSE Record Retention Policy for as long as you maintain a registered account. Your account will be deactivated after a period of 365 days from the date of last activity. Your personal information that is collected by your current and future employers through the NER database in accordance with the terms of use may be held for as long as is required by that employer’s policies. Please refer to the relevant employer’s policies for information about their data retention policies.

3. Security

3.1 Your NER account is secure and protected by a Secure Socket Layer (SSL) certificate. You will notice the browser displays a padlock symbol which means there is a secure connection, data transferred over the internet is encrypted and not visible to third parties. This technology is used by Banks for Internet Banking/Credit Card transactions.

3.2 Each individual account is additionally secured with multi-factor user authentication to prevent unauthorised access. Simultaneous logins to system accounts are not enabled. Only one active login to a user’s NER Account is permitted at any given, whether it be via the web based portal or NER App.

3.3 All data transfer to and from the NER App will be encrypted via HTTPS with the latest version TLS with strong cipher suites. The App will never automatically store any personal data on your device unless you download documents manually. As soon as you exit the App, access to any personal data is automatically revoked and you will be required to re-authenticate via the multi-factor authentication sign in process. Manual downloads will be stored on the device and are not automatically deleted.

3.4 NDTP reserves the right to suspend access to your NER account, either generally, or specifically, at any time at its sole discretion for improper use of the system, e.g. uploading inappropriate images etc. In the event of this happening, you are entitled to request a copy of your personal data from NDTP, in line with General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

3.5 The email address provided by you when creating your NER account will be used by your Employer’s HR Department, OHD and NDTP for correspondence purposes. It may also be accessed by OSDS to troubleshoot any technical issues with your NER account. Your email address will not be provided to any other third party.

4. How the HSE receives your personal information.

4.1 Most of the personal information processed by the HSE is provided directly by you through your registration for your NER account and the information you upload.

4.2 Personal information about you may be uploaded by your current OHD and Medical HR to your NER account during a period of 60 days following the cessation of your employment.

4.3 Information received from third parties may be uploaded to your NER account by the HSE, such as:

5. The type of personal information that may be stored on the NER:

In order for the HSE to process pre-screening information on the NER, it is necessary to upload specific information and personal data to NER.

The HSE currently collects and processes the following information:

• Personal Details - First Name, Surname, Title, Known As, Previous Surname. This detail is required by Medical HR as a means to identify an employee and process their employment details. It is also required for Garda Vetting purposes.
• Gender - The information is requested by the HSE in order to have an overview of gender mix in the NCHD population. This data may be collated and published by the HSE for the purposes of gathering statistics / carrying out research for workforce planning purposes. However the results of such research / statistics will be in a form that will not identify any individual.
• Marital Status - This is required for the purpose of registration in the superannuation scheme.
• Date of Birth - This detail is required by Medical HR as a means to identify an employee. It is also required for Garda Vetting purposes. This data may be collated and published by the HSE for the purposes of gathering statistics / carrying out research for workforce planning purposes, e.g. projected retirement data. However the results of such research / statistics will be in a form that will not identify any individual.
• Nationality - This data may be collated and published by the HSE for the purposes of gathering statistics / carrying out research for workforce planning purposes. However the results of such research /statistics will be in a form that will not identify any individual.
• PPSN - A PPS number is required by an employer for payroll purposes.
• Medical Council Registration Number - This is to verify registration with the Irish Medical Council. NCHDs may not take up a post until they have registered with the IMC. The DIME system is a quadripartite system operated by relevant postgraduate training bodies and employers. Once a training body assigns training attributes to the post an NCHD is matched to, this updates the IMC registration to Trainee Specialist Division. If training attributes are not assigned to an employee IMC registration defaults to the General Division except in the case of Interns.
• Clinical Site - This outlines the clinical site an NCHD is currently matched to on DIME.
• Account Status - This outlines the status of the NER account, e.g. active, inactive.
• Contact Details - Phone Number, Email Address, Postal Address. This is required by an employer to liaise with the NCHD. It is also used by employers for their Major Emergency Plan. It is required by the HSE to send low level information to NCHDs as required from a national perspective.
• Next of Kin Details - Name, Relationship, Phone numbers, Address This is required by an employer to liaise with an NCHD’s next of kin should an emergency situation arise.
• Bank Details - This is required by an employer to allow an NCHD to be paid into their bank account once they have commenced employment.
• Garda Vetting - Garda vetting is a pre-employment requirement for all staff with access to vulnerable adults and children and is in line with the relevant legislation -National Vetting Bureau (Children and Vulnerable Persons) Act 2012. This document is uploaded to ensure that employers are aware of an NCHDs Garda Vetting status.
• Work Permit - An NCHDs ’work permit is required to ensure that they are eligible to take up employment in the Republic of Ireland, where applicable.
• Scanned Passport - For security reasons your passport is required to verify your identification. It is also required for Garda Vetting purposes.
• Birth Certificate - This is required by employers, where applicable, for the purpose of registration in the superannuation scheme. It is also required for Garda Vetting purposes.
• GNIB Card - An NCHD’s GNIB card is required to ensure that they are eligible to take up employment in the Republic of Ireland, where applicable.
• International English Language Testing System (IELTS) Certificate - This is required by employers, where applicable, to ensure that potential employees where English is not their first language have passed they required IELTS exam and have achieved appropriate scores as per the HSE policy.
• Marriage Certificate This is required by employers, where applicable, for the purpose of registration in the superannuation scheme.
• Training Certificates - ACLS, APLS, BLS, Fire Training, Haemovigilance Training, Hand Hygiene, Patient Handling, Radiation Protection, Children First Training, Professional Competence Scheme Certificate, Open Disclosure, Compass/NEWS, GDPR, Sepsis. The training certificates listed on a NCHDs NER account are the mandatory certificates required by their Employer. If some of the certificates listed are not required, an employer may make the document type ‘not required’ and this will then be excluded from an NCHD’s NER account. NCHDs can contact employers directly if they require documents to be made either ‘required’ or ‘not-required’ on their dashboard. Fire Safety and Patient Handling are legislative requirements for all employees. The HSE may gather and publish statistics regarding compliance levels with training. However, the results of such research / statistics will be in a form that will not identify any individual.
• Curriculum Vitae Medical HR require access to an NCHD’s Curriculum Vitae to verify experience / references etc.
• Evidence of International Medical Experience - Medical HR require access to this information to verify previous experience and grant incremental credit where applicable.
• Other Any other information / certificates that a NCHD may feel is relevant to their employment.
• Occupational Health: Pre Employment Health Assessment - All employees must be passed fit for employment by a designated Occupational Health Department. This form is the standard form used for NCHDs in the Irish public health system. Details obtained in the form are private and confidential and will not be visible by Medical HR department. Medical HR will only see if you are or are not passed fit for employment.
• Immunisation Status - As part of the Occupational Health assessment NCHDs are required to upload details of their immunisation status. Information uploaded are private and confidential and will not be visible by Medical HR departments.
• EPP Status - There are a list of defined NCHD posts for which the postholder must have EPP clearance. This section of the form allows Occupational Health Departments to confirm if an NCHD has EPP clearance where applicable.
• Training Supports / Clincal Course Exam & Refund Scheme Applications - This is required by employers in order to process funding claims made under the Training Supports Scheme (TSS) and Clinical Course Exam & Refund Scheme (CCERS).
• Training Supports Scheme / Clinical Course Exam & Refund Scheme Supporting Documentation - Supporting documentation can include receipts which must be in line with the relevant NFR’s, Travel & Subsistence documentation (only applicable to TSS), proof of attendance, certificate of completion, exam results etc.
• e-Portfolio - Information uploaded by NCHDs regarding their personal training, learning and professional development..

6. What is the legal basis for processing your data

6.1 Under the General Data Protection Regulation (GDPR), the lawful bases for the processing of your data, including your health data, is your explicit consent provided by you when you accept the terms of this Notice and conditions for use of the NER portal or App below.

6.2 Under the General Data Protection Regulation (GDPR), the lawful bases for processing your information which is shared with the HSE and/or your Employer's HR Department and OHD from your NER account are:

1. Legitimate interests;
2. The performance of the contract with you to provide the NER online Service;
3. Consent;
4. for the purposes of carrying out the obligations and exercising specific rights of the HSE and your Employers or you in the field of employment and social security and social protection law;
5. where it is necessary for the purposes of the assessment of your working capacity, or the provision of health or social care or treatment or the management of health or social care systems.

6.3 The HSE, your Employer’s HR or OHD may also process your health data contained on your NER account in the following exceptional circumstances:

1. where it is necessary to protect your vital interests;
2. where it is necessary for the establishment, exercise or defence of legal claims;
3. where it is necessary for reasons of public interest in the area of public health.

7. Your data protection rights

Under data protection law, you have rights including:

• Your right of access - You have the right to ask the HSE for copies of your personal information.
• Your right to rectification - You have the right to ask the HSE to rectify personal information you think is inaccurate. You also have the right to ask the HSE to complete information you think is incomplete.
• Your right to erasure - You have the right to ask the HSE to erase your personal information in certain circumstances.
• Your right to restriction of processing - You have the right to ask the HSE to restrict the processing of your personal information in certain circumstances.
• Your right to object to processing - You have the right to object to the processing of your personal information in certain circumstances.
• Your right to data portability - You have the right to ask that the HSE transfers the personal information you gave us to another organisation, or to you, in certain circumstances.

You are not required to pay any charge for exercising your rights. If you make a request, the HSE has one month to respond to you. Please contact the HSE Data Protection Officer at dpo@hse.ie or the DIME Team at dime.team@hse.ie

8. How to complain

If you have any concerns about the HSE’s use of your personal information, you can make a complaint to the HSE Data Protection Officer at dpo@hse.ie

You can also complain to the Data Protection Commission if you are unhappy with how the HSE used your data at https://forms.dataprotection.ie/contact or by post to 21 Fitzwilliam Square South, Dublin 2, D02 RD28, Ireland

NER TERMS & CONDITIONS DECLARATION AND ACCEPTANCE

By accepting these terms and conditions:

1. I confirm that all the information furnished on this NER account is true, and that I am aware of the qualifications and requirements for employment as a doctor and any specific requirements for individual posts. I understand that I may be required to submit documentary evidence in support of any qualifications / experience provided by me in my NER account.
2. I confirm that I am not the subject of any investigation by any medical registration body in any jurisdiction, with regard to my medical practice or conduct as a practitioner. I have not been suspended from registration by any medical registration body in any jurisdiction in the last 10 years, nor am I the subject of any current suspension,
3. I confirm that I am not the subject of any investigation by any investigation unit in any jurisdiction, with regard to my medical practice or conduct as a practitioner.. I have not been suspended from duties in any jurisdiction in the last 10 years, nor am I the subject of any current suspension.
4. I accept and confirm the entitlement of the HSE or my participating employer(s) to reject or revoke access to my NER account or, to terminate my employment (in the event of a contract of employment having been entered into), if I have made any false statement or misrepresentations or concealed information relevant to my NER account. I understand that if any of the details provided are found to be false or inaccurate in any way, action may be taken to withdraw access to my NER account without notice, withdraw any offer of employment or invoke the disciplinary process.
5. I understand that the NER terms & conditions accepted by me remain enforceable for the duration that I hold an NER account. I accept that HSE may in its sole discretion amend the terms and conditions at any time by posting a revised version on the NER site (https://www.nchder.ie/Account/Login?ReturnUrl=%2f ). I understand that if there are any substantial amendments to these terms and conditions the updated terms will be posted on the NER site, that I will be notified at logon and/or sent a notice by email. I understand and accept I will be required to review and accept any updated terms and conditions prior to continuing to use the NER system.