Part I

Organisation

Staffing

Duty to seek clinical advice on staffing
12IF
1
It is the duty of every Health Board and the Agency to put and keep in place arrangements for—
a
seeking and having regard to appropriate clinical advice in making decisions and putting in place arrangements in relation to staffing under sections 12IA to 12IE and 12IH to 12IL,
b
recording and explaining decisions which conflict with that advice.
2
The arrangements under subsection (1) must, in particular, include—
a
where a Health Board or the Agency (as the case may be) reaches a decision on a matter which conflicts with the clinical advice it has received—
i
a procedure for the identification of any risks caused by that decision,
ii
a procedure for the mitigation of any such risks, so far as possible,
iii
a procedure for the notification of any such decision, and the reasons for it, to any individual who gave clinical advice on the matter,
iv
a procedure for any such individual to record any disagreement with the decision made on the matter,
b
a procedure for individuals with lead clinical professional responsibility for a particular type of health care to report to the members of the Health Board or the Agency (as the case may be), on at least a quarterly basis, about the extent to which that individual considers that it is complying with the duties imposed by—
i
this section, and
ii
sections 12IA to 12IE and 12IH to 12IL,
c
a procedure for such individuals to—
i
enable and encourage other employees to give views on the operation of this section, and
ii
record such views in reports made in accordance with the arrangements put in place under paragraph (b),
d
raising awareness among individuals with lead clinical professional responsibility for particular types of health care in how to implement the arrangements put in place under paragraphs (a) to (c), and
e
ensuring that such individuals receive adequate time and resources to implement those arrangements.
3
Every Health Board and the Agency must have regard to the reports received in accordance with the arrangements put in place under subsection (2)(b).
Pt. 1 applied (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 1 (with art. 4(4)(5))
Ss. 12IC-12IF applied (1.4.2024) by S.I. 1995/574, art. 5, Sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(2), 15(2); S.S.I. 2024/20, reg. 2(2))
Ss. 12IC-12IF applied (1.4.2024) by S.I. 1999/686, art. 5, Sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(5), 15(2); S.S.I. 2024/20, reg. 2(2))
Ss. 12IC-12IF applied (1.4.2024) by S.S.I. 2001/137, art. 5, sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(8), 15(2); S.S.I. 2024/20, reg. 2(2))
Ss. 12IC-12IF applied (1.4.2024) by S.S.I. 2002/305, art. 5, sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(11), 15(2); S.S.I. 2024/20, reg. 2(2))
Ss. 12IA-12IO and cross-heading inserted (15.5.2023 for specified purposes, 6.2.2024 for specified purposes, 1.4.2024 for specified purposes) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 4(2), 15(2); S.S.I. 2023/131, reg. 2, sch.; S.S.I. 2024/20, reg. 2(1)(2)