The Independent Health Care (Wales) Regulations 2011

JurisdictionWales
CitationSI 2011/734 (W112)

2011 No. 734 (W.112)

PUBLIC HEALTH, WALES

The Independent Health Care (Wales) Regulations 2011

Made 10th March 2011

Laid before the National Assembly for Wales 14th March 2011

Coming into force 5th April 2011

The Welsh Ministers1, in exercise of powers conferred on them 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), 33, 34(1), 35 and 118(5) to (7) of the Care Standards Act 20002and having consulted such persons as they considers appropriate3, hereby make the following Regulations.

1 General

PART 1

General

S-1 Title, commencement and application

Title, commencement and application

1.—(1) The title of these Regulations is the Independent Health Care (Wales) Regulations 2011 and they come into force on 5 April 2011.

(2) These Regulations apply in relation to Wales only.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the 2005 Act” (“Deddf 2005”) means the Mental Capacity Act 20054;

the Act” (“y Ddeddf”) means the Care Standards Act 2000;

“agency” (“asiantaeth”) means an independent medical agency;

“appropriate office of the registration authority” (“swyddfa briodol yr awdurdod cofrestru”) means in relation to an establishment or agency—

(a) if an office has been specified under paragraph (2) for the area in which the establishment or agency is situated, that office;

(b) in any other case, any office of the registration authority;

“approved places” (“lleoedd cymeradwy”) means, in relation to an independent hospital, a bed which is available in accordance with any condition placed upon the registration of any person in respect of the independent hospital, for the use by a patient at night;

“dentist” (“deintydd”) means a person registered in the dentists register under the Dentists Act 19845;

“establishment” (“sefydliad”) means an independent hospital or an independent clinic;

“Financial Services Authority” (“Awdurdod Gwasanaethau Ariannol”) means the body established under section 1 of the Financial Services and Markets Act 20006;

“general practitioner” (“ymarferydd cyffredinol”) means a medical practitioner who provides primary medical services pursuant to sections 41, 42 and 50 of the NHS Act;

“health care professional” (“proffesiynolyn gofal iechyd”) means a person who is registered as a member of any profession to which section 60(2) of the Health Act 19997applies and “health care profession” must be construed accordingly;

“health care record” (“cofnod gofal iechyd”) means any record which—

(a) consists of information relating to the physical or mental health or condition of an individual, and

(b) has been made by or on behalf of a health professional in connection with the care of that individual;

“insurance provider” (“darparwr yswiriant”) means—

(a) a person regulated by the Financial Services Authority who sells insurance, or underwrites the risk of such insurance, or

(b) the agent of such a person;

“medical device” (“dyfais feddygol”) has the same meaning as in the Medical Devices Regulations 20028;

“medical practitioner” (“ymarferydd meddygol”) means a registered medical practitioner;

“midwife” (“bydwraig”) means a registered midwife who has notified her intention to practise to the local supervisory authority in accordance with any rules made under article 42 of the Nursing and Midwifery Order 20019;

“the NHS Act” (“Deddf y GIG”) means the National Health Service (Wales) Act 200610;

“organisation” (“corff”) means a body corporate;

“patient” (“claf”), in relation to an 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” (“arweiniad y cleifion”) means the guide compiled in accordance with regulation 7;

“practising privileges” (“breintiau ymarfer”), 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” (“rheolwr cofrestredig”), 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” (“person cofrestredig”), 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” (“darparwr cofrestredig”), 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” (“unigolyn cyfrifol”) is to be construed in accordance with regulation 10;

“specialist medical register” (“cofrestr feddygol arbenigol”) means the register of specialist medical practitioners kept by the General Medical Council in accordance with section 34D of the Medical Act 198311;

“statement of purpose” (“datganiad o ddiben”) means the written statement compiled in accordance with regulation 6;

“treatment” (“triniaeth”) includes palliative care, nursing and listed services, within the meaning of section 2 of the Act.

(2) The registration authority may specify an office controlled by it as the appropriate office in relation to establishments and agencies situated in a particular area of Wales.

(3) 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.

(4) In these Regulations, unless the contrary intention appears, 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 is to be construed accordingly.

S-3 Meaning of “independent hospital”

Meaning of “independent hospital”

3.—(1) Subject to paragraph (2), for the purposes of section 2(7)(f) of the Act, treatment using any of the following techniques or technology are prescribed—

(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)12;

(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) circumcision of male children by a health care professional, including for the purpose of religious observance;

(d)

(d) haemodialysis or peritoneal dialysis;

(e)

(e) endoscopy;

(f)

(f) hyperbaric therapy, being the administration of oxygen (whether or not combined with one or more other gases) to a patient who is in a sealed chamber which is gradually pressurised with compressed air, where such therapy is carried out by or under the direct supervision or direction of a medical practitioner and where the primary use of that chamber is otherwise than for the treatment of workers in connection with the work which they perform; and

(g)

(g)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 199013.

(2) “Listed services” do 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 product where such treatment is carried out by or under the supervision of a health care professional;

(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) solely because its main purpose is to provide medical or psychiatric treatment for illness or mental disorder or palliative care but which has no approved places;

(b)

(b) an establishment which is a service hospital within the meaning of Schedule 12 of the Armed Forces Act 200614;

(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 195215;

(d)

(d) an establishment (not being a health service hospital) which has as its sole or main purpose the provision by a general practitioner or practitioners of medical services within the meaning of Part IV of the NHS Act; and such an establishment will not be an independent hospital as the result of the provision of listed services to a patient or patients by such a general practitioner or practitioners;

(e)

(e) the private residence of a patient or patients in which treatment is provided to such patient or patients but to no-one else;

(f)

(f) sports grounds and gymnasia where health care professionals provide treatment to persons taking part in sporting activities and events; and

(g)

(g) a surgery or consulting room, (which is not part of a hospital), in which a medical practitioner provides medical services only under arrangements made on behalf of the patients by—

(i) their employer,

(ii) a prison or other establishment in which the patients are held in custody, other than pursuant to any provision of the Mental Health Act 198316, or

(iii) an insurance provider with whom the patients hold an insurance policy, other than an insurance policy which is solely or primarily...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT