The Healthcare Improvement Scotland (Inspections) Regulations 2011

Interviews and examinations

7.—(1) An authorised person may conduct any examination or interview with regard to the following matters if that authorised person thinks it necessary or expedient for the purposes of carrying out an inspection:—

(a) the provision, organisation or co-ordination of the independent health care service;

(b) the premises from which the independent health care service is provided; and

(c) the treatment of service users.

(2) Without prejudice to the generality of paragraph (1), an authorised person may in private interview—

(a) the manager of the service or the premises;

(b) any person involved in the provision, co-ordination or organisation of the service;

(c) any person otherwise connected with the provision of the service;

(d) any person employed by the service or the premises;

(e) any service user who consents to be interviewed;

(f) any carer, relative or representative of a service user who consents to be interviewed.

(3) An interview is in private for the purposes of paragraph (2) even if conducted in the presence of—

(a) a guardian, continuing attorney or welfare attorney of the person interviewed; or

(b) some other person, provided that the person interviewed so wishes and the authorised person does not object.

(4) If the authorised person is a medical practitioner or a registered nurse and has reasonable cause to believe that a service user is not receiving proper care, the authorised person may—

(a) in private, and only with the consent of the service user, conduct an examination of the service user;

(b) inspect any medical records relating to the treatment of the service user.

(5) If the authorised person is a registered dentist and has reasonable cause to believe that a service user is not receiving proper dental care, the authorised person may—

(a) in private, and only with the consent of the service user, conduct an examination of the service user;

(b) inspect any medical records relating to the treatment of the service user.

(6) An examination is in private for the purposes of paragraphs (4) and (5) of this regulation even if conducted in the presence of a third party provided that—

(a) the person examined so wishes and the authorised person does not object; or

(b) the authorised person so wishes and the person examined consents.

(7) In this regulation—

“continuing attorney” has the same meaning as in section 15 (creation of continuing power of attorney) of the Adults with Incapacity (Scotland) Act 2000(1);

“guardian” means a guardian appointed under section 58 (disposal of application) of the Adults with Incapacity (Scotland) Act 2000;

“welfare attorney” has the same meaning as in section 16 (creation and exercise of welfare power of attorney) of the Adults with Incapacity (Scotland) Act 2000.

(1)

2000 asp 4.