Private and Voluntary Health Care (England) Regulations 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/3968 |
| Year | 2001 |
2001 No. 3968
PUBLIC HEALTH, ENGLAND
The Private and Voluntary Health Care (England) Regulations 2001
Made 11th December 2001
Laid before Parliament 12th December 2001
Coming into force 1st April 2002
The Secretary of State, in exercise of powers conferred on him by sections 2(4), (7)(f) and (8), 22(1), (2)(a) to (d), (f) to (j), (5)(a) and (7)(a) to (h), (j) and (k), 25(1), 34(1), 35(1) and 118(5) to (7) of the Care Standards Act 20001and of all other powers enabling him in that behalf, having consulted such persons as he considers appropriate2, hereby makes the following Regulations:—
PART I
GENERAL
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Private and Voluntary Health Care (England) Regulations 2001 and shall come into force on 1st April 2002.
(2) These Regulations extend to England only.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Care Standards Act 2000;
“agency” means an independent medical agency;
“dentist” means a person registered in the dentists register under the Dentists Act 19843;
“establishment” means an independent hospital, including an independent hospital in which treatment or nursing (or both) are provided for persons liable to be detained under the Mental Health Act 19834, or an independent clinic;
“general practitioner” means a medical practitioner who—
(a) provides general medical services within the meaning of Part II of the NHS Act;
(b) performs personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 19975; or
(c) provides services which correspond to services provided under Part II of the NHS Act, otherwise than in pursuance of that Act;
“health care professional” means a person who is registered as a member of any profession to which section 60(2) of the Health Act 19996applies, or who is a clinical psychologist or child psychotherapist, and “health care profession” shall be construed accordingly;
“medical device” has the same meaning as in the Medical Devices Regulations 19947;
“medical practitioner” means a registered medical practitioner8;
“midwife” means a registered midwife9who has notified her intention to practise to the local supervisory authority in accordance with any rules made under section 14(1)(b) of the Nurses, Midwives and Health Visitors Act 199710;
“the NHS Act” means the National Health Service Act 197711;
“organisation” means a body corporate or any unincorporated association other than a partnership;
“patient”, in relation to any establishment or agency, means a person for whom treatment is provided in or for the purposes of the establishment, or for the purposes of the agency;
“patients' guide” means the guide compiled in accordance with regulation 7;
“practising privileges” in relation to a medical practitioner, refers to the grant to a person who is not employed in an independent hospital of permission to practise in that hospital;
“registered manager”, in relation to an establishment or agency, means a person who is registered under Part II of the Act as the manager of the establishment or agency;
“registered person”, in relation to an establishment or agency, means any person who is the registered provider or the registered manager of the establishment or agency;
“registered provider”, in relation to an establishment or agency, means a person who is registered under Part II of the Act as the person carrying on the establishment or agency;
“responsible individual” shall be construed in accordance with regulation 10(2)(b)(i);
“statement of purpose” means the written statement compiled in accordance with regulation 6;
“treatment” includes palliative care and nursing and listed services within the meaning of section 2 of the Act12.
(2) In these Regulations, a reference—
(a)
(a) to a numbered regulation or Schedule is to the regulation in, or Schedule to, these Regulations bearing that number;
(b)
(b) in a regulation or Schedule to a numbered paragraph, is to the paragraph in that regulation or Schedule bearing that number;
(c)
(c) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
(3) In these Regulations, references to employing a person include employing a person whether under a contract of service or a contract for services, and references to an employee or to a person being employed shall be construed accordingly.
Prescribed techniques or technology and exceptions to the definition of independent hospital
3.—(1) Subject to paragraph (2), for the purposes of section 2 of the Act, “listed services” include treatment using any of the following techniques or technology—
(a)
(a) a Class 3B or Class 4 laser product, as defined in Part I of British Standard EN 60825–1 (Radiation safety of laser products and systems)13;
(b)
(b) an intense light, being broadband non-coherent light which is filtered to produce a specified range of wavelengths; such filtered radiation being delivered to the body with the aim of causing thermal, mechanical or chemical damage to structures such as hair follicles and skin blemishes while sparing surrounding tissues;
(c)
(c) haemodialysis or peritoneal dialysis;
(d)
(d) endoscopy;
(e)
(e) hyperbaric oxygen therapy, being the administration of pure oxygen through a mask to a patient who is in a sealed chamber which is gradually pressurised with compressed air, except where the primary use of that chamber is—
(i) pursuant to regulation 6(3)(b) of the Diving at Work Regulations 199714or regulation 8 or 12 of the Work in Compressed Air Regulations 199615; or
(ii) otherwise for the treatment of workers in connection with the work which they perform; and
(f)
(f) in vitro fertilisation techniques, being treatment services for which a licence may be granted under paragraph 1 of Schedule 2 to the Human Fertilisation and Embryology Act 199016.
(2) Listed services shall not include treatment using the following techniques or technology—
(a)
(a) treatment for the relief of muscular and joint pain using an infra-red heat treatment lamp;
(b)
(b) treatment using a Class 3B laser where such treatment is carried out by or under the supervision of a health care professional; and
(c)
(c) the use of an apparatus (not being an apparatus falling within paragraph (1)(b)), for acquiring an artificial suntan, consisting of a lamp or lamps emitting ultraviolet rays.
(3) For the purposes of section 2 of the Act, establishments of the following descriptions are excepted from being independent hospitals—
(a)
(a) an establishment which is a hospital by virtue of section 2(3)(a)(i) of the Act solely because its main purpose is to provide medical or psychiatric treatment for illness or mental disorder but which provides no overnight beds for patients;
(b)
(b) an establishment which is a service hospital within the meaning of section 13(9) of the Armed Forces Act 198117;
(c)
(c) an establishment which is, or forms part of, a prison, remand centre, young offender institution or secure training centre within the meaning of the Prison Act 195218;
(d)
(d) an establishment which is an independent clinic by virtue of regulation 4;
(e)
(e) an establishment (not being a health service hospital) which has as its sole or main purpose the provision by a general practitioner of general medical services within the meaning of Part II of the NHS Act or personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997; and such an establishment shall not become an independent hospital as a result of the provision of listed services to a patient by such a general practitioner;
(f)
(f) the private residence of a patient or patients in which treatment is provided to such patient or patients, but to no-one else;
(g)
(g) sports grounds and gymnasia where health professionals provide treatment to persons taking part in sporting activities and events; and
(h)
(h) a surgery or consulting room, not being part of a hospital, where a medical practitioner provides medical services solely under arrangements made on behalf of the patients by their employer or another person.
(4) Sub-section (7) of section 2 of the Act shall be modified by adding at the end of paragraph (e) (cosmetic surgery) the following—
“(a)
“(a) other than—
(i) ear and body piercing;
(ii) tattooing;
(iii) the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; and
(iv) the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.”.
Meaning of independent clinic
4.—(1) For the purposes of section 2(4) of the Act, establishments of the following kinds are prescribed—
(a)
(a) a walk-in centre, in which one or more medical practitioners provide services of a kind which, if provided in pursuance of the NHS Act, would be provided as general medical services under Part II of that Act; and
(b)
(b) a surgery or consulting room in which a medical practitioner who provides no services in pursuance of the NHS Act provides medical services of any kind (including psychiatric treatment) otherwise than under arrangements made on behalf of the patients by their employer or another person.
(2) Where two or more medical practitioners use different parts of the same premises as a surgery or consulting room, or use the same surgery or consulting room at different times, each of the medical practitioners shall be regarded as carrying on a separate independent clinic unless they are in practice together.
Exception of undertaking from the definition of independent medical agency
5. For the purposes of the Act, any undertaking which consists of...
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