Access to Mental Health Services Bill (HC Bill 106)

A

BILL

TO

Provide for establishing maximum waiting times and establishing standards
for access to evidence-based psychological therapies for those with mental
health problems; and for connected purposes;

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Waiting times

The Secretary of State must by regulations made pursuant to section 6E
(regulations as to the exercise of functions by the Board or clinical
commissioning groups) of the National Health Service Act 2006 provide for the
5term “treatment” in Part 9 of the National Health Service Commissioning
Board and Clinical Commissioning Groups (Responsibilities and Standing
Rules) Regulations 2012 (S.I. 2012/2996S.I. 2012/2996) to be amended to include
psychological therapies.

2 Duty to make arrangements to provide an appointment with a specialist for
10those patients urgently referred for treatment for mental health conditions

(1) The Secretary of State must by regulations made pursuant to section 6E
(regulations as to the exercise of functions by the Board or clinical
commissioning groups) of the National Health Service Act 2006 amend Part 9
of the National Health Service Commissioning Board and Clinical
15Commissioning Groups (Responsibilities and Standing Rules) Regulations
2012 (S.I. 2012/2996S.I. 2012/2996) to provide for a duty to make arrangements to provide an
appointment with a specialist for those patients urgently referred for treatment
for mental health conditions.

(2) The duty referred to in subsection (1) must include a requirement that at the
20end of each data collection period, treatment for the urgently referred mental
health condition has commenced within the period of 28 days beginning with
the start date in not less than 93% of cases where that treatment is provided in
that data collection period.

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(3) The Secretary of State may within the amendment provided for in subsection
(1) above specify the mental health conditions to which the duty shall apply.

(4) The Secretary of State may within the amendment provided for in subsection
(1) above provide for a duty to offer an alternative provider for treatment for
5mental health conditions where the period of time specified in subsection (2)
above has not or will not be met.

3 Eligible referrers

The Secretary of State must by regulations made pursuant to section 6E
(regulations as to the exercise of functions by the Board or clinical
10commissioning groups) of the National Health Service Act 2006 provide for the
term “eligible referrer” in Part 9 of the National Health Service Commissioning
Board and Clinical Commissioning Groups (Responsibilities and Standing
Rules) Regulations 2012 (S.I. 2012/2996S.I. 2012/2996) to be amended to include a
psychologist, community psychiatric nurse or social worker.

4 15Access to psychological therapies

The Secretary of State must by regulations made pursuant to section 237
(Standing Rules: Waiting Times) of the Health and Social Care Act 2012
provide for the term “health technology” in regulation 2 of the National
Institute for Health and Care Excellence (Constitution and Functions) and the
20Health and Social Care Information Centre (Functions) Regulations 2013 (S.I.
2013/259) to be amended to include psychological therapies.

5 Orders and regulations

(1) Any power to make an order or regulations under this Act is exercisable by
statutory instrument.

(2) 25A statutory instrument containing an order or regulations under this Act may
not be made unless a draft of the instrument has been laid before and approved
by a resolution of each House of Parliament.

6 Interpretation

(1) In this Act “evidence-based psychological therapies” means such
30psychological therapies as the Secretary of State may by order define.

(2) The Secretary of State must in consultation with the National Institute for
Health and Care Excellence keep and maintain a list of providers of evidence-
based psychological therapies.

7 Financial provision

35There is to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by the Secretary of
State, and

(b) any increase attributable to this Act in the sums payable under any other Act
out of money so provided.

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8 Short title, commencement and extent

(1) This Act may be cited as the Access to Mental Health Services Act 2014.

(2) This Act comes into force at the end of the period of two months beginning
with the day on which it is passed.

(3) 5This Act extends to England and Wales only.