Amendments proposed to the Health Bill, As Amended - continued	House of Commons
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Breastfeeding etc.

   

Mr David Kidney
Annette Brooke

NC1

To move the following Clause:—

    '(1)   Subject to subsection (2), it is an offence deliberately to prevent or stop a person in charge of a child from feeding milk to that child in a public place or on licensed premises.

    (2)   Subsection (1) does not apply if the child, at the material time, is not lawfully permitted to be in the public place or on the licensed premises otherwise than for the purpose of being fed milk.

    (3)   A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

    (4)   In this section—"child" means a person who has not yet attained the age of two years;"feeding" includes—

(a)	breastfeeding; and

(b)	feeding from a bottle or other container;

"licensed premises" means premises used for licensable activity under Part III of the Licensing Act 2003 (c. 17);"milk" means breastmilk, cow's milk or infant formula;"public place" means any place to which, at the material time, the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.'.

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Vicarious liability

   

Mr David Kidney
Annette Brooke

NC2

To move the following Clause:—

    '(1)   Anything done by a person in the course of that person's employment shall, in any proceedings brought under section [Breastfeeding etc.], be treated for the purpose of this section as done also by that person's employer, whether or not it was done with the employer's knowledge or approval.

    (2)   Anything done by a person as agent for another person with the authority (whether express or implied and whether precedent or subsequent) of that other person shall, in any proceedings brought under section [Breastfeeding etc.] be treated for the purpose of this section as done also by that other person.

    (3)   In proceedings brought under this Part of this Act against an employer in respect of an offence under section [Breastfeeding etc.] alleged to have been done by an employee of the employer, it shall be a defence for the employer to prove that the employer took such steps as were reasonably practicable to prevent the employee from committing such an offence in the course of the employee's employment.

    (4)   In this section, "employment" means employment under a contract of service or of an apprenticeship or a contract personally to do any work; and related expressions are to be construed accordingly.'.

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Duty to provide information to terminally ill patients about entitlement to attendance allowance

   

Anne Main
Mr Frank Field
Mike Penning
Grant Shapps
Dr Richard Taylor
Mr Alan Williams

NC3

To move the following Clause:—

    '(1)   Any medical practitioner who diagnoses a terminal illness in a patient must notify the Secretary of State that the patient is terminally ill.

    (2)   A notification under subsection (1) must be made—

(a)	as soon as reasonably practicable after the patient has been informed of the diagnosis, and

(b)	in such manner as may be prescribed by regulations made by the Secretary of State.

    (3)   For the purposes of subsection (1) "terminally ill" has the same meaning as in section 66(2)(a) of the Social Security Contributions and Benefits Act 1992 (c. 4).

    (4)   The Secretary of State must, as soon as reasonably practicable after receiving a notification under subsection (1), send the patient to whom the notification relates—

(a)	such information as the Secretary of State considers appropriate about the patient's entitlement to an attendance allowance, and

(b)	a claim form.'.

As an Amendment to Anne Main's proposed New Clause (Duty to provide information to terminally ill patients about entitlement to attendance allowance) (NC3):—

   

Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

(a)

Line     7,     at end insert—

'(c)	having obtained the permission of the patient'.

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Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

12

Page     9,     line     18     [Clause     13],     at end insert—

'(c)	require the nomination in each NHS Trust of a Trust Director responsible for cleanliness and health care associated infection control ("the Trust Director");

(d)	provide for the senior infection control nurse to report directly to the Trust Director;

(e)	indicate action to be taken by the Trust Director and Trust Board in respect of ward closures on receipt of an adverse report from the senior infection control nurse;

(f)	require pre- and post-discharge surveillance for a person undergoing a surgical procedure;

(g)	contain requirements relating to infection control nurses;

(h)	contain requirements relating to isolation facilities;

(i)	define standards relating to cleaning services;

(j)	require hospital infection data to be recorded by clinical department.'.

   

Mrs Nadine Dorries

35

Page     9,     line     18     [Clause     13],     at end insert—

'( )	require all medical staff who have direct contact with patients not to travel to and from work in work uniform.'.

   

Mrs Nadine Dorries

37

Page     9,     line     18     [Clause     13],     at end insert—

'( )	define standards relating to the home laundering of staff uniforms.'.

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Ms Secretary Hewitt

25

Page     14,     line     41     [Clause     16],     leave out 'responsible' and insert 'designated'.

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Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

13

Page     17,     line     22     [Clause     17],     at end insert—

'(f)	for measures to protect patient confidentiality in record handling'.

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Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

14

Page     19,     line     32     [Clause     20],     at end insert—

'(e)	confidentiality in the transfer of data attributable to individual patients between cooperating bodies'.

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Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

15

Page     24,     line     43     [Clause     28],     leave out from 'time' to end of line 45.

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Ms Secretary Hewitt

30

Page     25     [Clause     28],     leave out lines 34 to 47.

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Ms Secretary Hewitt

31

Page     26,     line     3     [Clause     28],     at end insert—

    '72B   Section 72A: supplementary

    (1)   The failure by a person to comply with any requirements of section 72A of this Act, or of regulations made under that section, may constitute misconduct for the purposes of section 80 of this Act, section 8 of the Pharmacy Act 1954 and Article 20 of the Pharmacy (Northern Ireland) Order 1976; and the Statutory Committee may deal with such a failure accordingly.

    (2)   A person who does not have the qualifications and experience required by regulations made by virtue of section 72A(7)(a) of this Act is not to be considered as a responsible pharmacist for the purposes of sections 70 to 72 of this Act.

    (3)   Subsection (4) of this section applies if a person—

(a)	fails to comply with the requirements of subsection (2) of section 72A of this Act, or of regulations made under that subsection,

(b)	fails to comply with any requirements as to absence from the premises contained in regulations made by virtue of subsection (7)(b) of that section.

    (4)   If this subsection applies, the person in question is not to be considered while the failure continues as being in charge of the business at the premises in question (or in a subsection (3)(a) case at any of them) for the purposes of sections 70 to 72 of this Act.'.

   

Ms Secretary Hewitt

32

Page     26     [Clause     28],     leave out lines 15 to 22.

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Sandra Gidley

28

Page     28,     line     42     [Clause     32],     leave out from beginning to 'products' in line 43.

   

Sandra Gidley

29

Page     28,     line     45     [Clause     32],     at end add 'that are not drugs or medicines.'.

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Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

16

Page     29,     line     41     [Clause     34],     at end insert—

    '(2A)   All optometrists registered with the General Optical Council and ophthalmic medical practitioners registered with the General Medical Council shall be permitted to offer the sight-testing service subject to inclusion on a list kept by the relevant Primary Care Trust of registered persons.'.

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Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

17

Page     34,     line     17     [Clause     35],     at end add—

    '28WG        Duty to provide choice

    (1)   The Secretary of State may make regulations requiring primary care trusts in the letting of GOS contracts to maximise choice for patients.

    (2)   The regulations in particular may provide for primary care trusts to enable patients to be able to obtain the sight-test from the registered optometrist or ophthalmic medical practitioner of their choice.'.

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Ms Secretary Hewitt
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

21

Page     58,     line     41     [Clause     76],     leave out '3' and insert '(Smoke-free premises: exemptions)'.

Prepared 14 Feb 2006