Health and Social Care Safety and Quality Act 2015

Health And Social Care Safety And Quality Act 2015-Free PDF

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Health and Social Care Safety and,Quality Act 2015. CHAPTER 28,Reducing harm in care,1 Reducing harm in care. Continuity of information,2 Consistent identifiers. 3 Duty to share information,4 Interpretation,Objectives. 5 Objectives in relation to the regulation of health and social care professions. 6 Extent commencement and short title, Schedule Objectives of regulators of health and social care professions.
ELIZABETH II c 28,Health and Social Care Safety and. Quality Act 2015,2015 CHAPTER 28, An Act to make provision about the safety of health and social care services in. England to make provision about the integration of information relating to. users of health and social care services in England to make provision about. the sharing of information relating to an individual for the purposes of. providing that individual with health or social care services in England to. make provision about the objectives of the regulatory bodies for health and. social care professions and the Professional Standards Authority for Health. and Social Care to make provision about the disposal of cases concerning a. person s fitness to practise a health or social care profession and for. connected purposes 26th March 2015, B by the Queen s most Excellent Majesty by and with the advice and. E IT ENACTED, consent of the Lords Spiritual and Temporal and Commons in this present. Parliament assembled and by the authority of the same as follows. Reducing harm in care,1 Reducing harm in care, 1 Section 20 of the Health and Social Care Act 2008 health and adult social care.
services regulation of registered activities is amended as follows. 2 For subsection 1 and the opening words of subsection 2 substitute. 1 The Secretary of State must by regulations impose requirements that. the Secretary of State considers necessary to secure that services. provided in the carrying on of regulated activities cause no avoidable. harm to the persons for whom the services are provided. 2 Health and Social Care Safety and Quality Act 2015 c 28. 2 The Secretary of State may by regulations impose any other. requirements in relation to regulated activities that the Secretary of. State thinks fit for the purposes of this Chapter including in particular. provision with a view to,3 After subsection 5A insert. 5B In subsection 1, a cause means cause or contribute to whether directly or. indirectly and, b harm is avoidable in relation to a service unless the person. providing the service cannot reasonably avoid it whether. because it is an inherent part or risk of a regulated activity or for. another reason,Continuity of information,2 Consistent identifiers. In Part 9 of the Health and Social Care Act 2012 health and adult social care. services information after section 251 insert,CHAPTER 1A.
CONTINUITY OF INFORMATION,251A Consistent identifiers. 1 The Secretary of State must by regulations specify a description of. consistent identifier for the purposes of this section. 2 Consistent identifier means any identifier such as for example a. number or code used for identification purposes that. a relates to an individual and, b forms part of a set of similar identifiers that is of general. application,3 Subsection 4 applies if, a a relevant health or adult social care commissioner or provider. the relevant person processes information about an. individual and, b the individual is one to whom a consistent identifier of the. description specified under subsection 1 relates, 4 If this subsection applies the relevant person must include the.
consistent identifier in the information processed but this is subject to. subsections 5 to 8, 5 Subsection 4 applies only so far as the relevant person considers that. the inclusion is, a likely to facilitate the provision to the individual of health. services or adult social care in England and,b in the individual s best interests. Health and Social Care Safety and Quality Act 2015 c 28 3. 6 The relevant person need not comply with subsection 4 if the relevant. person reasonably considers that one or more of the following criteria. a the relevant person does not know the consistent identifier and. is not reasonably able to learn it, b the individual objects or would be likely to object to the. inclusion of the consistent identifier in the information. c the information concerns or is connected with the provision of. health services or adult social care by an anonymous access. d for any other reason the relevant person is not reasonably able. or should not be required to comply with subsection 4. 7 This section does not permit the relevant person to do anything which. but for this section would be inconsistent with, a any provision made by or under the Data Protection Act 1998.
b a common law duty of care or confidence, 8 This section does not require the relevant person to do anything which. the relevant person is required to do by or under provision included in. a contract by virtue of any provision of the National Health Service Act. 2006 and accordingly any such requirement is to be treated as arising. under the contract and not under this section,3 Duty to share information. In Part 9 of the Health and Social Care Act 2012 health and adult social care. services information after section 251A as inserted by section 2 of this Act. 251BDuty to share information, 1 This section applies in relation to information about an individual that. is held by a relevant health or adult social care commissioner or. provider the relevant person, 2 The relevant person must ensure that the information is disclosed to. a persons working for the relevant person and, b any other relevant health or adult social care commissioner or.
provider with whom the relevant person communicates about. the individual,but this is subject to subsections 3 to 6. 3 Subsection 2 applies only so far as the relevant person considers that. the disclosure is, a likely to facilitate the provision to the individual of health. services or adult social care in England and,b in the individual s best interests. 4 The relevant person need not comply with subsection 2 if the relevant. person reasonably considers that one or more of the following apply. a the individual objects or would be likely to object to the. disclosure of the information, 4 Health and Social Care Safety and Quality Act 2015 c 28. b the information concerns or is connected with the provision of. health services or adult social care by an anonymous access. c for any other reason the relevant person is not reasonably able. or should not be required to comply with subsection 2. 5 This section does not permit the relevant person to do anything which. but for this section would be inconsistent with, a any provision made by or under the Data Protection Act 1998.
b a common law duty of care or confidence, 6 This section does not require the relevant person to do anything which. the relevant person is required to do under a common law duty of care. and accordingly any such requirement is to be treated as arising. under that common law duty and not under this section. 4 Interpretation, In Part 9 of the Health and Social Care Act 2012 health and adult social care. services information after section 251B as inserted by section 3 of this Act. 251C Continuity of information interpretation, 1 This section applies for the purposes of sections 251A and 251B and this. 2 Relevant health or adult social care commissioner or provider. a any public body so far as it exercises functions in connection. with the provision of health services or of adult social care in. England and, b any person other than a public body so far as the person. provides such services or care, i pursuant to arrangements made with a public body.
exercising functions in connection with the provision of. the services or care and, ii otherwise than as a member or officer of a body or an. employee of a person,but this is subject to subsection 3. 3 The Secretary of State may by regulations provide for a person to be. excluded from the definition of relevant health or adult social care. commissioner or provider whether generally or in particular cases. 4 Regulations under subsection 3 may in particular provide for a. person to be excluded in relation to the exercise of particular functions. or the exercise of functions in relation to particular descriptions of. person premises or institution, 5 A reference to an inclusion or a disclosure being likely to facilitate the. provision to an individual of health services or adult social care in. England is to its being likely to facilitate that provision directly rather. than by means of a clinical trial a study an audit or any other indirect. Health and Social Care Safety and Quality Act 2015 c 28 5. 6 Anonymous access provider means a relevant health or adult social. care commissioner or provider whether the relevant person under. section 251A 3 a or 251B 1 or another person whose services or care. are or may be received by individuals anonymously due to the nature. of the services or care, 7 Other terms have the same meaning as in section 250 and processes. and processed are to be read in accordance with the meaning of. processing in that section,Objectives, 5 Objectives in relation to the regulation of health and social care professions.
1 In section 25 of the National Health Service Reform and Health Care. Professions Act 2002 Professional Standards Authority for Health and Social. Care for subsection 2A substitute, 2A The over arching objective of the Authority in exercising its functions. under subsection 2 b to d is the protection of the public. 2B The pursuit by the Authority of its over arching objective involves the. pursuit of the following objectives, a to protect promote and maintain the health safety and well. being of the public, b to promote and maintain public confidence in the professions. regulated by the regulatory bodies, c to promote and maintain proper professional standards and. conduct for members of those professions, d to promote and maintain proper standards in relation to the.
carrying on of retail pharmacy businesses at registered. pharmacies as defined in article 3 1 of the Pharmacy Order. 2010 S I 2010 231 and, e to promote and maintain proper standards and conduct for. business registrants as defined in section 36 1 of the Opticians. 2 The Schedule makes provision with respect to the objectives of regulatory. bodies in relation to which the Professional Standards Authority for Health. and Social Care exercises functions,6 Extent commencement and short title. 1 Sections 1 to 4 extend to England and Wales only. 2 Paragraph 7 of the Schedule extends to England Wales and Scotland only. 3 The rest of this Act extends to the whole of the United Kingdom. 4 The provisions of this Act other than this section come into force on a day. appointed in regulations made by statutory instrument by the Secretary of. 5 Regulations under subsection 4 may, 6 Health and Social Care Safety and Quality Act 2015 c 28. a appoint different days for different areas or purposes. b make transitory transitional or consequential provision. 6 This Act may be cited as the Health and Social Care Safety and Quality Act. 7 Health and Social Care Safety and Quality Act 2015 c 28. Schedule Objectives of regulators of health and social care professions. SCHEDULE Section 5, OBJECTIVES OF REGULATORS OF HEALTH AND SOCIAL CARE PROFESSIONS. General Dental Council,1 1 The Dentists Act 1984 is amended as follows.
2 In section 1 constitution and general duties of the General Dental. a after subsection 1 insert, 1ZA The over arching objective of the Council in exercising their. functions under this Act is the protection of the public. 1ZB The pursuit by the Council of their over arching objective. involves the pursuit of the following objectives, a to protect promote and maintain the health safety. and well being of the public, b to promote and maintain public confidence in the. professions regulated under this Act and,c to promote and maintain proper professional. standards and conduct for members of those,professions.
b omit subsection 2 b and the word and immediately preceding. 3 In section 27A powers of the Investigating Committee in respect of. registered dentists after subsection 3 insert, 3A In deciding whether to issue a warning or advice under subsection. 2 or give a direction under subsection 3 the Investigating. Committee or any panel by which the function is exercisable as. mentioned in section 2 6A must have regard to the over arching. 4 In section 33 the dental profession supplementary provision relating to. fitness to practise cases after subsection 5 insert. 5A In exercising a function under section 27B 27C or 28 a Practice. Committee or any panel by which the function is exercisable as. mentioned in section 2 6A must have regard to the over arching. 5 In section 36O powers of the Investigating Committee in respect of. registered dental care professionals after subsection 3 insert. 3A In deciding whether to issue a warning or advice under subsection. 2 or give a direction under subsection 3 the Investigating. Committee or any panel by which the function is exercisable as. mentioned in section 2 6A must have regard to the over arching. Health and Social Care Safety and Quality Act 2015 CHAPTER 28 CONTENTS Reducing harm in care e r a c n i m r a h g n i c u d e 1R Continuity of information 2 Consistent identifiers 3 Duty to share information 4 Interpretation Objectives 5 Objectives in relation to the regulation of health and social care professions General 6 Extent commencement and short title Schedule Objectives of

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