S.C.E.
Amendment Paper as at
Tuesday 20th December 2005
STANDING COMMITTEE E
HEALTH BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [6th December 2005].
Steve Webb
Stephen Williams
100
Clause 13, page 8, line 43, leave out from second 'infection' to end of line 4 on page 9 and insert 'which arises as a result of healthcare interventions, either in patients undergoing these interventions or in health care workers involved in these interventions.'.
Steve Webb
Stephen Williams
101
Clause 14, page 10, line 12, at beginning insert
'( ) The CHAI shall review the provision of isolation rooms in the NHS and produce a timetable for providing appropriate isolation facilities in every NHS hospital.'.
Steve Webb
Stephen Williams
103
Clause 15, page 11, line 30, at end insert 'and
(d) | specify what sanctions will be applied if the healthcare body fails to comply with the improvement notice.'. |
Steve Webb
Stephen Williams
102
Clause 15, page 11, line 43, at end insert
'(6A) When the Secretary of State is notified with a failing in connection with the code under section 47A he shall be responsible for the provision of resources necessary for the failing body to comply with the terms of the improvement notice.'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
11
Clause 16, page 14, line 6, after 'regulations', insert 'having consulted with representative bodies'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
10
Clause 16, page 14, line 7, leave out 'or appoint'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
12
Clause 16, page 14, line 13, after second 'is', insert '(a)'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
13
Clause 16, page 14, line 14, at end insert
'(b) | should not routinely be involved in the prescription or handling of controlled drugs; |
(c) | be a senior member of staff; and |
(d) | be in receipt of appropriate training.'. |
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
14
Clause 16, page 15, line 46, leave out subsection (10).
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
15
Clause 17, page 16, line 47, at end insert
'(f) | for measures to protect the confidentiality of patient records.'. |
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
16
Clause 20, page 19, line 14, at end insert
'(e) | confidentiality in the transfer of data that is attributable to individual patients between cooperating bodies.'. |
Caroline Flint
90
Clause 24, page 21, leave out lines 10 to 14 and insert
'(7B) Conditions prescribed under subsection (7A) may relate to supervision in the case where the pharmacist is not at the place where the thing is being done, and in that case the thing is not to be so considered if no such conditions are prescribed.
(7C) In any case, compliance with any applicable conditions is sufficient for the thing to be so considered." '.
Caroline Flint
91
Clause 24, page 21, leave out lines 23 to 27 and insert
'(3) Conditions prescribed under subsection (2) may relate to supervision in the case where the pharmacist is not on the premises, and in that case the transaction is not to be so considered if no such conditions are prescribed.
(4) In any case, compliance with any applicable conditions is sufficient for the transaction to be so considered." '.
Steve Webb
Stephen Williams
123
*Clause 25, page 22, line 2, at end insert 'but nothing in this section shall be taken to require a pharmacist to be present on those premises when medicinal products on a general sale list are sold by retail.'.
Steve Webb
Stephen Williams
124
*Clause 25, page 22, line 15, at end insert 'but a person may not at the same time be the responsible pharmacist in respect of multiple premises forming part of the business except in circumstance specified by the Health Ministers in regulations.'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
17
Clause 28, page 24, line 24, leave out from 'time' to end of line 25.
Caroline Flint
92
Clause 28, page 24, line 25, at end insert ', and then only if such conditions as may be so specified are complied with.'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
18
Clause 28, page 24, line 40, after 'Ministers', insert ', having consulted with representative bodies,'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
19
Clause 28, page 24, line 41, after 'pharmacist', insert 'having regard to
(a) | the establishment of clear lines of accountability within the pharmacy; |
(b) | provision for the responsible pharmacist to be contactable when absent; |
(c) | the maximum time for the responsible pharmacist to return to the pharmacy; and |
(d) | provision for the responsible pharmacist to justify any absence.'. |
Caroline Flint
93
Clause 28, page 25, line 16, leave out 'under' and insert 'made by virtue of'.
Caroline Flint
94
Clause 28, page 25, line 22, leave out 'under' and insert 'made by virtue of'.
Steve Webb
Stephen Williams
122
*Clause 28, page 25, line 29, at end insert
'(12) Before making regulations under this section the Health Ministers shall consult such persons as appear to them to represent persons providing pharmaceutical services.'.
Caroline Flint
95
Clause 28, page 25, leave out line 37 and insert 'making of entries in a record relating to the responsible pharmacist),'.
Caroline Flint
96
Clause 28, page 25, line 39, leave out from 'of' to end of line 40 and insert 'the record)." '.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
20
Clause 28, page 26, line 2, at end add
'( ) The Health Ministers will ensure that responsible pharmacists can seek guidance under this section.'.
Steve Webb
Stephen Williams
121
*Clause 31, page 26, leave out lines 20 to 40 and insert
'(1) The Secretary of State may give directions to a Primary Care Trust requiring it to charge a fee to persons who make an application referred to in section 42(2)(c)(i) or (ii) to the Primary Care Trust.
(2) The Secretary of State shall in the directions specify the fee to be charged, which may vary according to the type of application being made but not according to the place in England where it is made.
(3) Before determining the amount of any fee to be charged the Secretary of State must consult such organisations as he thinks fit that appear to him to represent persons providing pharmaceutical services and such organisations as he thinks fit that appear to him to represent Primary Care Trusts.
(4) The Secretary of State must publish in such manner as he thinks fit any directions he gives under this section.'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
21
Clause 31, page 26, line 28, at end insert
'(c) | require Primary Care Trusts to refund the fee if an application is not determined within 28 days.'. |
Steve Webb
Stephen Williams
115
Page 27, line 37, leave out Clause 32.
Caroline Flint
82
Clause 33, page 28, line 26, at end insert
'(2) In section 17S of the National Health Service (Scotland) Act 1978 (c.29) (eligibility to be contractor under pharmaceutical care services contract), after subsection (1) insert
"(1A) In such circumstances, and subject to such conditions, as may be prescribed, subsection (1) has effect with the omission of the words from "who undertakes" to the end.".'.
Steve Webb
Stephen Williams
79
Clause 34, page 28, line 41, leave out from 'all' to end of line 11 on page 29 and insert 'persons'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
29
Clause 35, page 32, line 47, at end insert
'( ) Regulations under subsection (2) must make provision for all those with entitlement to GOS to retain the right to have that delivered by the provider of his or her choice.'.