Committee
Health, Social Care and Sport Committee 21 May 2024
21 May 2024 · S6 · Health, Social Care and Sport Committee
Item of business
Subordinate Legislation
Healthcare Improvement Scotland (Inspections) Amendment Regulations 2024 [Draft]
Our third agenda item is consideration of two affirmative instruments. The first instrument is the draft National Health Service (Scotland) Act 1978 (Independent Health Care) Modification Order 2024. The purpose of the instrument is to enable Healthcare Improvement Scotland to regulate independent clinics where services are provided by pharmacists and pharmacy technicians; to amend the definition of “independent medical agency” to cover services that are provided by dental practitioners, registered nurses, registered midwives, dental care professionals, pharmacists and pharmacy technicians, which will include wholly online services in Scotland; and to enable Healthcare Improvement Scotland to cancel the registration of independent healthcare services that fail to pay their continuation fees. The second instrument is the draft Healthcare Improvement Scotland (Inspections) Amendment Regulations 2024. The purpose of the instrument is to allow inspectors who are authorised by Healthcare Improvement Scotland under section 10K of the National Health Service Scotland Act 1978 to inspect medical records. The policy note further states that the current list of professions restricts who HIS is able to draw upon to inspect medical records as part of its inspections. Currently, the ability to inspect medical records as part of inspections that are undertaken by HIS is restricted to medical practitioners, registered nurses, pharmacists and registered dentists. The Delegated Powers and Law Reform Committee considered the instruments at its meeting on 7 May 2024 and made no recommendations. Today, we will have an evidence session with the Cabinet Secretary for Health and Social Care and supporting officials on both instruments. Once we have had all our questions answered, we will proceed to a formal debate on the motions. I welcome to the committee Neil Gray, Cabinet Secretary for Health and Social Care. He is accompanied by Scottish Government officials. Lorraine Alcock is team lead in safety, openness and learning; Kirndeep Kaur is a solicitor in the legal directorate; and Robert Law is a senior policy manager in safety, openness and learning. I invite the cabinet secretary to make a brief opening statement.
In the same item of business
The Convener
SNP
Our third agenda item is consideration of two affirmative instruments. The first instrument is the draft National Health Service (Scotland) Act 1978 (Indepe...
Neil Gray
SNP
I appreciate the opportunity to speak to the two Scottish statutory instruments relating to the regulation of independent healthcare in Scotland. First, the...
The Convener
SNP
Thank you for that statement, cabinet secretary. Sandesh Gulhane has a question.
Sandesh Gulhane
Con
I refer members to my entry in the register of members’ interests, which states that I am a practising GP. I welcome HIS being able to inspect to a greater ...
Neil Gray
SNP
The orders do not cover that area, but we are looking to introduce legislation that would cover it, because I share Dr Gulhane’s concern about it. The order...
Sandesh Gulhane
Con
Cabinet secretary, will you look at ensuring that such procedures can done only by people who are already registered, such as doctors and nurses?
Neil Gray
SNP
That goes beyond what is in the orders that are before us today, but I would be happy to have a further conversation with Dr Gulhane about the on-going work ...
The Convener
SNP
Other members of the committee would also find that detail helpful.
Neil Gray
SNP
I am happy to share that with the committee.
The Convener
SNP
I have had no indication that anyone else wishes to ask a question on the instruments, so we move to item 4, which is the formal debate on the instruments on...
Neil Gray
SNP
I have nothing further to add than what was discussed in the debate. I move, That the Health, Social Care and Sport Committee recommends that the National ...
The Convener
SNP
Thank you. Sandesh Gulhane wishes to speak.
Sandesh Gulhane
Con
Although I support the motions that are before us, as I said in my questions, it is important that we understand that, because some people who carry out proc...
Neil Gray
SNP
I am happy to reiterate what I set out earlier: I share Dr Gulhane’s concern and the work is on-going. The regulations take us a step forward, but it is impe...