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Annex A

Glossary

Advance statement
Also called "advance directive" or "living will". A statement made when a person is competent (has capacity), detailing how they wish to be treated if, in time, they become unable to express this for any reason. Advance statements are not legally binding but are taken into account by all members of the healthcare team.

Allied health professionals
Currently this includes: Art Therapists, Dieticians, Occupational Therapists, Orthoptics, Orthotists/ Prosthetists, Physiotherapists, Podiatrists, Radiographers, Speech and Language Therapists.

Carer
A person who looks after family, partners or friends in need of help because they are ill, frail or have a disability. The care they provide may be unpaid.

Chaperone
Someone who goes with an individual to make sure that nothing inappropriate takes place during an examination or treatment.

Clinical assessment
Assessments based on an individual's clinical need (for example, by nurse, physiotherapist, occupational therapist, etc.).

Clinician
A health professional (for example, physician, psychiatrist, nurse or medical scientist) engaged in the care of patients, as distinct from one working in other areas, such as research.

Disclosure Scotland
A new Disclosure Bureau has been established within the Scottish Criminal Record Office for the purposes of issuing certificates under Part V of the Police Act 1977. This new service is known as Disclosure Scotland and will be responsible for issuing three levels of certificates to be known as Basic disclosures, Standard disclosures and Enhanced disclosures. The aim of the new Disclosure Scotland service is to enhance public safety and to help employers and voluntary organisations in Scotland to make safer recruitment decisions.

GMC
General Medical Council. The main aim of the GMC is to protect patients by:

• promoting high standards of medical education, including continuing education;
• fostering good medical practice, including issuing guidance on this and other issues (for example, ethics); and
• dealing firmly and fairly with doctors whose fitness to practise is in doubt.

The GMC also maintains up-to-date registers of all qualified doctors.

Website - www.gmc-uk.org

Medication
A substance administered for treatment purposes.

Patient care record
An integrated, multi-disciplinary record of all care assessment and treatment, including the medical component.

Pharmaceutical
Relating to drugs or medicines.

Physiotherapist
A healthcare professional who is qualified in and concerned with human function and movement and maximising potential. He or she uses physical approaches (for example, electricity, heat, cold, sound, acupuncture and light), as well as physical activity, exercise and massage to promote, maintain and restore physical, psychological and social wellbeing, taking account of variations in health.

Professional indemnity insurance
Insurance against loss or damage as a consequence of a professional's work.

Public liability insurance
Insurance against loss or damage suffered by the public as a consequence of negligence or inappropriate action.

Radiology
The science of radiation referring to its use in the diagnosis and treatment of disease.

Resuscitation
Restoration to life or consciousness of one who has collapsed or stopped breathing.

Restraint
Control to prevent a person from harming themselves or other people by the use of:

• physical means (actual or threatened laying on of hands on a person to stop them carrying out a particular action);
• mechanical means (for example, wrapping someone in a sleeping bag or strapping them to a chair);
• environmental means (for example, using cot sides to prevent someone from getting out of bed); or
• medication (using sedative or tranquillising drugs for the symptomatic treatment of restlessness or agitated behaviour).

Therapy
A treatment for disorder or disease.

Ultrasound examination
The use of ultrasonic waves for diagnostic purposes, specifically to image an internal body structure or monitor a developing foetus.

Annex B

Useful reference material

LEGAL

The Adults with Incapacity (Scotland) Act 2000
Under this Act anything that is done on behalf of an adult with incapacity will have to:

• benefit her or him;
• take account of the person's wishes and those of her or his nearest relative, carer, guardian or attorney; and
• achieve the desired purpose without unduly limiting the person's freedom.

The Children (Scotland) Act 1995
The Act puts children first. Each child has the right to:

• be treated as an individual;
• form and express views on matters affecting her or him; and
• be protected from all forms of abuse, neglect or exploitation.

Parents and local authorities have rights and responsibilities in achieving the balance of care.

The Age of Legal Capacity (Scotland) Act 1991
This Act identifies the circumstances in which children can act in a way that is legally competent. The Act defines when children and young people can consent on their own behalf to any surgical, medical or dental procedure or treatment where, in the opinion of a qualified medical practitioner attending them, they are capable of understanding the nature and possible consequences of the procedure or treatment.

The Data Protection Act 1998
The Act covers how information about living, identifiable people is used. All organisations that hold or process personal data must comply.

The Disability Discrimination Act 1995
This wide-ranging Act, which came into force in 1996, makes it illegal to discriminate against disabled people in employment, access to goods, services, transport and education.

The Health and Safety at Work etc Act 1974
The Act is the basic piece of health and safety law that covers everyone who is affected by work activity. It places the burden of legal responsibility for health and safety at work with the employer.

The Human Rights Act 2000
The Act incorporates the European Convention on Human Rights into Scots and English law in relation to the acts of public bodies. Its purpose is to protect human rights and to maintain and promote the ideals and values of a democratic society. The Articles of Convention include:

• freedom of thought, conscience and religion;
• freedom of expression;
• freedom of assembly and association;
• the right to have respect for private and family life; and
• the right to marry.

The Mental Health (Scotland) Act 1984
Currently under review, the Act provides for the compulsory detention and treatment of people with a mental disorder.

The Mental Health (Care and Treatment) (Scotland) Act 2003
This Act forms one part of a framework of policy, legislation, guidance and initiatives that inform how we care for people with a mental disorder. In broad terms, the provisions in the Act are primarily concerned with the care, protection and treatment of all service users with a mental disorder. It is designed to complement existing legislation and guidance to offer a broad framework to protect and improve the mental health and well being and daily lives of those with a mental illness/disorder and give regard to their carers.

The Misuse of Drugs Act 1971
The Act is the main law for drugs control in the UK. It prohibits the possession, supply and manufacture of medicinal and other products except where these have been made legal by the Misuse of Drugs Regulations 1985. The legislation is concerned with controlled drugs and puts these into five separate schedules. Anyone who is responsible for storing or administering controlled drugs should be aware of the content of the Misuse of Drugs Regulations 1985 and the Misuse of Drugs (Safe Custody) Regulations 1973.

The Police Act 1997
Part V of the Police Act 1997 was brought into force in April 2002. This provides for the Scottish Criminal Record Office to issue criminal record information certificates to individuals and organisations.

The Public Interest Disclosure Act 1998
The Act protects workers who "blow the whistle" about wrongdoing. It mainly takes the form of amendments to the Employment Rights Act 1996, and makes provision about the kinds of disclosures which may be protected; the circumstances in which such disclosures are protected; and the persons who may be protected.

The Race Relations Act 1976
The Act makes racial discrimination illegal in employment, service delivery, training and other areas.

The Race Relations (Amendment) Act 2000
The Act makes racial discrimination illegal in public activities that were not previously covered. It puts a general duty on public organisations to promote race equality.

The Regulation of Care (Scotland) Act 2001
The Act establishes a new system of care regulation covering the registration and inspection of care services against a set of national care standards. The Act also creates two new national, independent bodies, the Scottish Commission for the Regulation of Care, to regulate care services, and the Scottish Social Services Council, to regulate the social service workforce and to promote and regulate its education and training.

Regulation of Care (Scotland) Act 2001: website to view the Act and regulations www.scotland.gov.uk/health/standardsandsponsorship

The Rehabilitation of Offenders Act 1974
The Act enables some criminal convictions to become "spent" or ignored, after a rehabilitation period. The rehabilitation period is a set length of time from the date of conviction.

The Sex Discrimination Act 1975
The Sex Discrimination Act 1975 makes it unlawful to discriminate on grounds of sex or marital status in recruitment, promotion and training. The Act also covers education, the provision of housing, goods and services and advertising.

POLICY

Aiming for Excellence: Modernising Social Work Services in Scotland 1999
The White Paper sets out the proposals to strengthen the protection of children and vulnerable adults and to make sure high quality services are provided. The Scottish Commission for the Regulation of Care is an independent regulator set up for this purpose.

A Framework for Maternity Services in Scotland
The framework sets out clearly and explicitly the maternity service that should be offered across Scotland. It will inform and enable local action in response to local conditions and challenges the NHS to provide an essentially community based, midwife managed service.
www.scotland.gov.uk/library3/health/ffms-00.asp

Implementing A Framework for Maternity Services in Scotland - Overview Report
This report is the result of the short-life Expert Working Group on Acute Maternity Services ( EGAMS) which examined how the principles of the Framework for Maternity Services should be applied.
www.scotland.gov.uk/library5/health/ifms-00.asp

Regulating the Independent Healthcare Sector
The Scottish Executive Policy Position Paper of November 2000 sets out proposals for modernising regulation of the independent healthcare sector.

Our National Health 2000
The health plan aims to improve Scotland's health and close the health gap between rich and poor, restoring the NHS as a national service and improving care and standards.

Partnership for Care 2003
The white paper builds on "Our National Health" and moves on to develop certain key issues. The paper sees patients and national standards as key drivers of change in the Health Service. It outlines ways in which the redesign, integration and quality of services can be systematically progressed, and it seeks a step change in approach to health improvement as an essential component.

The UN Convention on the Rights of the Child
The Convention is not a law but a code that the Government signed up to in 1991. It recognises that young people under 18 in Scotland do have rights. These rights must be given fairly, and children and young people must be kept safe and well, and able to take part in society.

OTHER USEFUL REFERENCES

Board of the Faculty of Radiologists. The Royal College of Radiologists (1995).

Charter for Children in Hospital. National Association for Welfare of Children in Hospital (Scotland) 1991.

Clinical Pathology Accreditation (2000). Standards for the Medical Laboratory.

Clinical Pharmacy in the Hospital Pharmaceutical Service: A Framework for Practice. NHSiS Scotland CRAG July 1996.

Clinical Standards Board for Scotland Report on Schizophrenia (January 2001).

CNORIS. Clinical Negligence and Other Risks Indemnity Scheme. Healthcare Risk Management Standards.

CSBS, Healthcare Associated Infection ( HAI) Control Standards. December 2001.

CRAG report (1995). Nursing observations of acutely ill psychiatric patients in hospital:
A Good Practice Statement.

Department of Health (2000). Comprehensive Critical Care Report.

Department of Health (2000). Resuscitation Policy.

Department of Health. Reference Guide to Consent for Examination or Treatment (June 2001).

ECT Guidelines: Royal College of Psychiatrists.

Expert Group on Acute Maternity Services - Reference Report. Scottish Executive (Dec 2002)

www.scotland.gov.uk/library5/health/egas-00.asp

General Medical Council. Seeking patients' consent: the ethical considerations (1998).

Guidelines for the Safe and Secure Handling of Medicines. Department of Health,
Professor R Duthie. September 1998.

Guidelines for the Safe Use of Cytotoxic Chemotherapy in the Clinical Environment. Association of Scottish Trust Chief Pharmacists. August 2000.

Healthcare Associated Infection ( HAI) Control, CSBS. December 2001.

Human Fertilisation and Embryology Authority Code of Practice, 5th edition (April 2001).

Independent Health Care Association (2001). Guidance on the Care of Children receiving care in the Independent Sector Acute Hospitals.

Ionising Radiation Act (1999).

Medicines Ethics and Practice - A Guide for Pharmacists. Royal Pharmaceutical Society of Great Britain.

Mental Health (Scotland) Act 1984: The Stationery Office.

Mental Welfare Commission (1998). Restraint of Residents with Mental Impairment in Care Homes and Hospitals. Edinburgh: Mental Welfare Commission.

Patient Group Directions NHSiSHDL (2001)7.

Royal College of Anaesthetists (1999). Guidelines for the Provision of Anaesthetic Services.

Royal College of General Practitioners and Royal National Institute for Deaf People: Guidance for GPs on communication with deaf and hard of hearing patients (November 2004). Issued jointly by RCGP and RNID this guidance is aimed at all staff in the primary health care team.

Royal College of Pathologists. Guidelines for the retention of tissues and organs at post-mortem (March 2000).

Royal College of Surgeons of England (2000). Children's Surgery - a First Class Service.

Royal Pharmaceutical Society of Great Britain (2001). The Administration and Control of Medicines in Care Homes.

Report of Short-life Working Group on ICU and HDU issues. Better Critical Care. Health Department, Scottish Executive (2000).

Resuscitation Joint statement on decisions relating to cardiopulmonary resuscitation from the British Medical Association, the Resuscitation Council ( UK) and the Royal College of Nursing (January 2002).

Resuscitation Council ( UK). CPR Guidelines for clinical practice and training in hospitals (2000).

Resuscitation Council ( UK). Adult Advances Life Support. Resuscitation Guidelines (2000).

Scottish Executive Health Department Letter HDL (2000) 22 November 2000 Resuscitation Policy.

Standards for Maternity Services. NHS Quality Improvement Scotland. Forthcoming 2003.

UKCC Guidelines for Professional Practice (1996). ²²

NMC Code of Professional Conduct (June 2002).

NMC Guidelines for Records and Record keeping (April 2002).

NMC Guidelines for the administration of medicines (April 2002).

UKCC Standards for PREP (1995).

ANNEX C

Membership of the Independent Medical Consultant and GP Services Working Group

ANNEX D

Membership of the Independent Healthcare Panel

ANNEX E

Membership of the National Care Standards Committee

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