Health and Care (Staffing) (Scotland) Act 2019

JurisdictionScotland
to provide safe and high-quality services, andto ensure the best health care or (as the case may be) care outcomes for service users,improving standards and outcomes for service users,taking account of the particular needs, abilities, characteristics and circumstances of different service users,respecting the dignity and rights of service users,taking account of the views of staff and service users,ensuring the wellbeing of staff,being open with staff and service users about decisions on staffing,allocating staff efficiently and effectively, andpromoting multi-disciplinary services as appropriate.(2) In this Part—
  • care service” means a service mentioned in section 47(1) of the Public Services Reform (Scotland) Act 2010,
  • health care” means a service for or in connection with the prevention, diagnosis or treatment of illness,
  • multi-disciplinary services” means health care or care services delivered together by individuals from such a range of professional disciplines as necessary in order to meet the needs of, and improve standards and outcomes for, service users,
  • service users” means individuals to whom or in relation to whom health care or a care service is provided,
  • standards and outcomes for service users” means—
    • (a) in relation to health care, the standards and outcomes published by the Scottish Ministers under section 10H(1) of the National Health Service (Scotland) Act 1978, and
    • (b) in relation to care services, the standards and outcomes published by the Scottish Ministers under section 50 of the Public Services Reform (Scotland) Act 2010.
(1) In carrying out the duty relating to staffing imposed by section 12IA of the National Health Service (Scotland) Act 1978, every Health Board and the Common Services Agency for the Scottish Health Service must have regard to the guiding principles for health and care staffing.the guiding principles for health and care staffing, andthe need for the person from whom the provision of health care is to be secured to have appropriate staffing arrangements in place.(3) As soon as reasonably practicable after the end of each financial year, every Health Board and the Common Services Agency for the Scottish Health Service must provide information to the Scottish Ministers on the steps they have taken to comply with subsections (1) and (2) .(4) Information provided under subsection (3) must set out how the steps taken by the Health Board or (as the case may be) Common Services Agency for the Scottish Health Service to comply with subsections (1) and (2) have improved outcomes for service users.(5) As soon as reasonably practicable after the end of each financial year, the Scottish Ministers must collate information received under subsection (3) into a combined report to be laid before the Scottish Parliament.the steps taken by Health Boards and (as the case may be) the Common Services Agency for the Scottish Health Service to comply with subsections (1) and (2) , andthe steps that the Scottish Ministers will take in relation to the staffing of the health service in response to the report's conclusions and recommendations.(1) In carrying out the duty relating to staffing imposed by section 7, any person who provides a care service must have regard to the guiding principles for health and care staffing.the guiding principles for health and care staffing, andby virtue of subsection (1) and sections 7 to 10, andby virtue of Chapters 3 and 3A of Part 5 of the Public Services Reform (Scotland) Act 2010.(3) Every local authority and every integration authority must have regard to any guidance issued by the Scottish Ministers about the operation of subsection (2) .Social Care and Social Work Improvement Scotland,such persons as they consider to be representative of the providers, commissioners and users of care services,such trade unions and professional bodies as they consider to be representative of individuals working in care services,such persons as they consider to be representative of carers (within the meaning of section 1 of the Carers (Scotland) Act 2016) , andsuch other persons as they consider appropriate.(5) The Scottish Ministers must publish any guidance issued under subsection (3) .the steps they have taken, andany ongoing risk that may affect their ability,(1) The National Health Service (Scotland) Act 1978 is amended as follows.(2) After section 12I insert—
    Staffing
    (12IA) Duty to ensure appropriate staffing
  • “(1) It is the duty of every Health Board and the Agency to ensure that at all times suitably qualified and competent individuals, from such a range of professional disciplines as necessary, are working in such numbers as are appropriate for—
  • (a) the health, wellbeing and safety of patients,
  • (b) the provision of safe and high-quality health care, and
  • (c) in so far as it affects either of those matters, the wellbeing of staff.
the health, wellbeing and safety of patients,the provision of safe and high-quality health care, andin so far as it affects either of those matters, the wellbeing of staff.the nature of the particular kind of health care provision,the local context in which it is being provided,the number of patients being provided it,the needs of patients being provided it, andappropriate clinical advice.Where, in order to comply with the duty under section 12IA, a Health Board, a relevant Special Health Board or the Agency secures the services of an agency worker (within the meaning of the Agency Workers Regulations 2010) , it must comply with subsection (2) .Subject to subsection (3) , the amount to be paid to secure the services of that worker during a period should not exceed 150% of the amount that would be paid to a full-time equivalent employee of the Health Board, relevant Special Health Board or the Agency to fill the equivalent post for the same period.

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