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National Health Service Public Interest Disclosure Support Bill


 

National Health Service Public Interest Disclosure Support Bill

 

 
 

Contents

1   

Requirement to appoint Independent Support Officers

2   

Functions of Independent Support Officers

3   

Independence, qualifications and other provisions

4   

Duty to co-operate with Independent Support Officers

5   

Duty to consult

6   

Protected disclosure by health care workers

7   

Interpretation

8   

Orders and regulations

9   

Financial provisions

10   

Short title, commencement and extent

 

Bill 25                                                                                                 

54/5

 
 

National Health Service Public Interest Disclosure Support Bill

1

 

A

Bill

To

Make provision for the appointment, functions and powers of independent

Support Officers for NHS employees who wish to make certain disclosures in

the public interest; to place a duty on NHS trusts and others to co-operate with

such Support Officers; to make consequential amendments to the Public

Interest Disclosure Act 1998; 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       

Requirement to appoint Independent Support Officers

(1)   

The Secretary of State must by regulations make provision for the appointment

of persons to carry out the functions specified in section 2.

(2)   

A person who is appointed in accordance with this section is to be known as an

Independent Support Officer.

5

2       

Functions of Independent Support Officers

(1)   

The responsibilities of an Independent Support Officer are—

(a)   

to provide health care workers with an accessible and independent

listening, advisory and support service, to be used when the health care

worker considers that existing means of complaint or redress available

10

to them are not appropriate, in relation to the disclosure of concerns

about—

(i)   

the conduct or performance of any other health care worker;

(ii)   

the safety, performance or efficacy of the health service or any

part of the health service, including the quality of care received

15

by patients;

(b)   

to pursue appropriate action to protect the health and safety of the

public in response to any concerns that are raised under paragraph (a).

(2)   

Without prejudice to the generality of subsection (1)(b), appropriate action

may include—

20

 

Bill 25                                                                                                 

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National Health Service Public Interest Disclosure Support Bill

2

 

(a)   

carrying out an investigation into the validity and seriousness of any

concerns disclosed by a health care worker; or

(b)   

referring concerns raised by a health care worker to any person or body

that the Independent Support Officer considers appropriate.

3       

Independence, qualifications and other provisions

5

Regulations under section 1 must—

(a)   

specify the conditions that must be satisfied by a person in order to be

eligible for appointment as an Independent Support Officer

including—

(i)   

a requirement for an appointed person to be independent from

10

the health service or any part of the health service to which their

functions relate, and

(ii)   

the minimum qualifications and experience that are necessary;

(b)   

ensure that Independent Support Officers are appointed in sufficient

numbers and locations in order to be easily accessible to all health care

15

workers;

(c)   

ensure that Independent Support Officers are provided with sufficient

powers, funds and other resources necessary to discharge their

functions under this Act;

(d)   

specify the circumstances in which an Independent Support Officer is

20

permitted or required to share information obtained in the course of

fulfilling their functions;

(e)   

make such amendments of any enactment as appear to the Secretary of

State to be appropriate in consequence of any provision made under

this section.

25

4       

Duty to co-operate with Independent Support Officers

(1)   

The Secretary of State must by regulations make provision for and in

connection with requiring designated bodies to co-operate with Independent

Support Officers.

(2)   

A body must be designated under subsection (1) where it—

30

(a)   

manages any part of the health service;

(b)   

employs a health care worker;

(c)   

regulates a health care worker; or

(d)   

regulates the employer of a health care worker.

(3)   

The duty to co-operate may include an obligation at the request of an

35

Independent Support Officer—

(a)   

to arrange for a senior officer of the designated body to attend a

meeting with an Independent Support Officer for the purpose of

discussing concerns disclosed by a health care worker;

(b)   

to share information about—

40

(i)   

the conduct or performance of any health care worker; or

(ii)   

the safety, performance or efficacy of the health service or any

part of the health service, including the quality of care received

by patients;

(c)   

to provide a written response outlining the action being taken as a

45

result of a referral being made to the designated body by an

Independent Support Officer under sections 2(1)(b) or 2(2) of this Act.

 
 

National Health Service Public Interest Disclosure Support Bill

3

 

5       

Duty to consult

Before making regulations under this Act, the Secretary of State must consult

and seek the participation of—

(a)   

the General Medical Council;

(b)   

the Nursing and Midwifery Council;

5

(c)   

the Health Professions Council;

(d)   

the National Patient Safety Agency;

(e)   

the Care Quality Commission;

(f)   

the NHS Confederation;

(g)   

such other persons or bodies as appear to the Secretary of State to be

10

appropriate.

6       

Protected disclosure by health care workers

(1)   

The Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999

(SI 1999/1549) shall be amended as follows—

(a)   

At the end of the first column of the table (persons and descriptions of

15

people) insert—

   

“Independent Support Officers under the National Health Service

Public Interest Disclosure Support Act 2010”.

(b)   

At the end of the second column of the table (descriptions of matters)

insert—

20

   

“Matters relating to—

(a) the conduct or performance of a health care worker;

(b) the safety, performance or efficacy of the health service or

any part of the health service; and

(c) any other activities not covered by (a) or (b) in relation to

25

which an Independent Support Officer carries out their

functions under the National Health Service Public Interest

Disclosure Support Act 2010.”.

(2)   

The Secretary of State may by regulations amend the Public Interest Disclosure

Act 1998, or any other enactment, to ensure that disclosures by a health care

30

worker to an Independent Support Officer may constitute a protected

disclosure within the meaning of that Act.

7       

Interpretation

In this Act—

“health service” has the same meaning as provided by the National

35

Health Service Act 2006;

“health care” has the same meaning as provided by section 45A of the

Medical Act 1983;

“health care worker” means any person who—

(a)   

is employed by a designated health care body,

40

(b)   

provides services to a designated health care body, or

(c)   

is employed by a person who provides services to a designated

health care body,

for purposes connected with the provision of health care;

 
 

National Health Service Public Interest Disclosure Support Bill

4

 

“designated health care body” means—

(a)   

a body or any description of bodies prescribed in regulations by

the Secretary of State under section 1, or

(b)   

a body which—

(i)   

manages any part of the health service,

5

(ii)   

employs a health care worker,

(iii)   

regulates a health care worker, or

(iv)   

regulates an employer of a health care worker;

“prescribed” means prescribed by regulations under section 1;

“senior officer” means—

10

(a)   

the chief executive of the relevant body,

(b)   

except for the purposes of section 4(3)(a), any member of the

senior management of the relevant body;

(c)   

for the purposes of section 4(3)(a), a member of the senior

management of a relevant body where a chief executive is not

15

for the time being holding office.

“senior management”, in relation to a designated health care body, means

the persons who play significant roles in—

(a)   

the making of decisions about how the whole or a substantial

part of its activities are to be managed or organised, or

20

(b)   

the actual managing or organising of the whole or a substantial

part of those activities.

8       

Orders and regulations

(1)   

A power to make regulations under this Act is exercisable by statutory

instrument.

25

(2)   

A statutory instrument containing regulations under sections 1 or 3 may not be

made unless a draft of the instrument has been laid before, and approved by a

resolution of, each House of Parliament.

9       

Financial provisions

There shall be paid out of money provided by Parliament

30

(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.

10      

Short title, commencement and extent

35

(1)   

This Act may be cited as the National Health Service Public Interest Disclosure

Support Act 2010.

(2)   

This Act comes into force at the end of the period of 12 months beginning with

the day on which it is passed.

(3)   

This Act extends to England and Wales.

40

 
 

 

 
 

A

 

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