SP Paper 921 (Web)
Contents
Report
Introduction
Purpose of the instrument
Delegated Powers and Law Reform Committee consideration
Remit and membership
Remit:
To consider and report on health policy, the NHS in Scotland, sport and other matters falling within the responsibility of the Cabinet Secretary for Health, Wellbeing and Sport, and measures against child poverty.
Membership:
Duncan McNeil (Convener)
Bob Doris (Deputy Convener)
Malcolm Chisholm
Rhoda Grant
Colin Keir
Richard Lyle
Mike MacKenzie
Nanette Milne
Dennis Robertson
Subordinate Legislation
Introduction
The Committee reports to the Parliament as follows—
1. At its meeting on 11 February 2016 the Committee considered the following instrument:
- The National Health Service (Scotland) Act 1978 (Independent Clinic) Amendment Order 2016
Purpose of the instrument
2. The National Health Service (Scotland) Act 1978 (Independent Clinic) Amendment Order 2016 was laid on 18 January 2016 and was subject to affirmative resolution procedure.
3. The Order amends the definition of “independent clinic” in section 10F of the National Health Service (Scotland) Act 1978 to add registered nurses, registered midwives and dental care professionals to the existing health professionals (medical practitioners and dental practitioners) listed in that definition. This Order also provides for certain exceptions to the definition of “independent clinic”.
Delegated Powers and Law Reform Committee consideration
4. The Delegated Powers and Law Reform (DPLR) Committee considered the instruments at its meeting on 26 January 2016 and agreed not to draw the Parliament’s attention to the instruments on any grounds within its remit.
Health and Sport Committee consideration
5. At its meeting on 21 January 2015, the Health and Sport Committee agreed to seek written and oral evidence on this affirmative instrument along with three other related instruments:
- The Healthcare Improvement Scotland (Fees) Regulations 2016: SSI 2016/26 (Negative SSI)
- The Protection of Vulnerable Groups (Scotland) Act 2007 (Prescribed Purposes for Consideration of Suitability) Regulations 2016: SSI 2016/27 (Negative SSI)
- The Public Services Reform (Scotland) Act 2010 (Commencement No. 7) Order 2016 (SSI 2016/22) (No procedure commencement order)
6. Taken together the effect of these instruments would be to provide for Heathcare Improvement Scotland to inspect independent clinics whose services are provided by: medical professionals, dental professionals, registered nurses, registered midwives and dental care professionals.
7. These four instruments represent the first phase of a three phase Scottish Government approach which will ultimately result in regulation or licencing of cosmetic procedures in Scotland.
8. Therefore whilst this report represents the Committee’s formal report on The National Health Service (Scotland) Act 1978 (Independent Clinic) Amendment Order 2016, it also reflects evidence taken on these other three related statutory instruments.
9. The Committee issued a call for written evidence on 25 January, with a closing date of 3 February. A total of eight written submissions were received.
10. The Committee invited comments on the following areas—
- Do you support the new regulations?
- Do you believe that further regulation is needed?
- Why is this legislation different from proceeding legislation? To what extent do you consider this legislation will be implemented?
- Do you agree with basing the definition of ‘independent clinic’ on the healthcare professional providing the service rather than basing it on a specific procedure or specific ‘cosmetic’ treatments and do you agree with the range of healthcare professionals identified?
- Will the regulations result in a lowering of risk to members of the public who have treatments carried out?
- Could the legislation and the new requirement to register (including costs associated with registration) have any unintended consequences (such as on smaller one premise businesses, or unintentionally divert people to those businesses who are not registered such as salons (and which don’t have to accommodate the additional costs for registration)?
11. The written submissions can be found at the following page—
http://www.scottish.parliament.uk/parliamentarybusiness/CurrentCommittees/96498.aspx
12. At its meeting on 11 February 2016, the Health and Sport Committee took evidence on this instrument from—
Robbie Pearson, Director of Scrutiny and Assurance and Deputy Chief Executive, and Kevin Freeman-Ferguson, Senior Inspector, Healthcare Improvement Scotland;
David Moulsdale, CEO, Optical Express;
Pat Kilpatrick, National Director, British Dental Association Scotland;
Simon Withey, Vice-President, British Association of Aesthetic Plastic Surgeons (BAAPS);
Brett Collins, Director, Save Face.
13. At its meeting on 23 February the Committee took evidence from—
Maureen Watt MSP, Minister for Public Health,
Dr Sara Davies, Public Health Consultant, Scottish Government; and
Ailsa Garland, Solicitor, Scottish Government
14. The Committee explored a range of areas with the witnesses including:
a. How the phased approach being proposed in Scotland relates to the approaches adopted in the rest of the United Kingdom and across Europe.
b. Why the approach of regulating by profession, rather than by cosmetic procedure, was adopted.
c. Publicity and public awareness of the changes being proposed.
d. The inspection regime being proposed.
e. How the regulations impact on independent midwives and nurses.
f. Registration and continuation fees being charged to independent clinics.
15. The discussion of all the above areas with the witnesses can be found in the Official Report of the meeting on 11 February at—
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10379
16. The discussion with the Minster for Public Health and her officials held at the meeting on 23 February can be found at—
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10388
17. Following the evidence session, the Minister for Public Health moved the following motion—
S4M-15452—That the Health and Sport Committee recommends that the National Health Service (Scotland) Act 1978 (Independent Clinic) Amendment Order 2016 [draft] be approved.
18. Following the debate, the Committee agreed the motion.
The Health and Sport Committee recommends to Parliament that it approves the draft instrument.
Any links to external websites in this report were working correctly at the time of publication. However, the Scottish Parliament cannot accept responsibility for content on external websites.
Back to top