HOSPICE CARE
- Revision to page 6
- Replace the existing paragraph titled 'Links to the Clinical Standards Board for Scotland (CSBS)' with the revised paragraph below:
Links to NHS Quality Improvement Scotland [1]
The Care Commission is responsible for regulating the independent healthcare sector (including hospice services) taking account of the national care standards developed and issued by Scottish Ministers for this sector.
NHS Quality Improvement Scotland (NHS QIS) sets standards and monitors performance in the NHS to improve the quality of healthcare in Scotland.
People using services should be able to expect that standards set by NHS QIS will apply, where appropriate, in both the NHS and independent healthcare sectors. These standards include a standard (5.6) to help make sure this happens in hospice services.
The Care Commission, in making sure these shared standards are met by hospice services, will liaise with NHS QIS. A written agreement (or 'memorandum of understanding') will cover the working relationship between the Care Commission and NHS QIS.'
Footnote:
[1] On 1 January 2003, NHS Quality Improvement Scotland took over the functions previously carried out by the Clinical Standards Board for Scotland.
HOSPICE CARE
On pages 8 & 9 under the headings:
- 'The Scottish Commission for the Regulation of Care';
- 'The Scottish Social Services Council'; and
- 'How the standards and regulations work together'
replace the existing text with revised text below:
The Scottish Commission for the Regulation of Care
The Regulation of Care (Scotland) Act 2001 ('the Act') set up the Care Commission, which registers and inspects all the services regulated under the Act, taking account of the national care standards issued by Scottish Ministers. The Care Commission has its headquarters in Dundee, with regional offices across the country. It will assess applications from people who want to provide hospice care. It will inspect the services to make sure that they are meeting the regulations and in doing so will take account of the national care standards. You can find out more about the Care Commission and what it does from its website ( www.carecommission.com).
The Scottish Social Services Council
The Act created the Scottish Social Services Council ('the Council') which was established on 1 October 2001. It also has its headquarters in Dundee. The Council has the duty of promoting high standards of conduct and practice among social services workers, and in their education and training. To deliver its overall aims of protecting service users and carers and securing the confidence of the public in social services, the Council has been given five main tasks. These are: to establish registers of key groups of social services staff; to publish codes of practice for all social services staff and their employers; to regulate the conduct of registered workers; to regulate the training and education of the workforce; to undertake the functions of the National Training Organisation for the Personal Social Services. The Council has issued codes of practice for social service workers and employers of social service workers. These describe the standards of conduct and practice within which they should work. The codes are available from the Council website ( www.sssc.uk.com).
How standards and regulations work together
The Act gives Scottish Ministers the power to publish standards which the Care Commission must take into account when making its decisions. It also gives Scottish Ministers the power to make regulations imposing requirements in relation to hospice care.
The standards will be taken into account by the Care Commission in making any decision about applications for registration (including varying or removing a condition that may have been imposed on the registration of the service). All providers must provide a statement of function and purpose when they are applying to register their service. On the basis of that statement, the Care Commission will determine which standards will apply to the service that the provider is offering.
The standards will be used to monitor the quality of services and their compliance with the Act and the regulations. If, at inspection, or at other times, for example, as a result of the Care Commission looking into a complaint, there are concerns about the service, the Care Commission will take the standards into account in any decision on whether to take enforcement action and what action to take.
If the standards were not being fully met, the Care Commission would note this in the inspection report and require the service manager to address this. The Care Commission could impose an additional condition on the service's registration if the provider persistently, substantially or seriously failed to meet the standards or breached a regulation. If the provider does not then meet the condition, the Care Commission could issue an improvement notice detailing the required improvement to be made and the timescale for this. Alternatively, the Care Commission could move straight to an improvement notice. The Care Commission would move to cancel the registration of any service if the improvement notice does not achieve the desired result. In extreme cases (i.e. where there is serious risk to a person's life, health or wellbeing) the Care Commission could take immediate steps to cancel the registration of any service without issuing an improvement notice.
Regulations are mandatory. In some cases not meeting a regulation will be an offence. This means a provider may be subject to prosecution. Not meeting or breaching any regulation is a serious matter.
Decisions by the Care Commission on what to do when standards or regulations are not met will take into account all the relevant circumstances and be proportionate.
You can get information on these regulations from the Regulation of Care (Scotland) Act 2001, which is available from the Stationery Office Bookshop. You can also see the Act on-line (see Annex B for the address).
You can also see the Scottish Statutory Instruments for the Regulation of Care Regulations 2002 on-line (see Annex B for the address).
HOSPICE CARE
- Revision to page 22, Standard 5: Quality of care and treatment
- Point 5.6 revised.
- Replace existing text with revised text and footnote below:
5.6 The care and treatment you receive from the hosdpice takes account of all relevant NHS Quality Improvement Scotland standards [1] and reflects good practice based on relevant research studies, audit reports, standards, guidelines and evidence based treatments.
Footnote:
[1] See 'Links to NHS QIS' paragraph on page 6.
HOSPICE CARE
- On Page 56, Annex B
- Revised text:
The Regulation of Care ( Scotland ) Act 2001
The Act establishes a new system of care service regulation including the registration and inspection of care services which takes account 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.
You can visit these websites for information:
· Regulation of Care (Scotland) Act 2001
www.scotland-legislation.hmso.gov.uk/legislation/scotland/acts2001/20010008.htm
· Regulation of Care (Scotland) Act 2001 Statutory Instruments
www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-200201.htm
HOSPICE CARE
- Comments page added to the standards:
COMMENTS
If you would like to comment on these standards you can visit our website and send a message through our mailbox:
www.scotland.gov.uk/health/standardsandsponsorship
You can also contact us at:
Care Standards and Sponsorship Branch
Community Care Division
Health Department
St Andrew's House
Regent Road
Edinburgh EH1 3DG
Tel: 0131 244 3520
Fax: 0131 244 4005