The Private and Voluntary Health Care (England) Amendment Regulations 2008

Amendment of regulation 3 of the 2001 Regulations

3.  In regulation 3 of the 2001 Regulations (prescribed techniques or technology and exceptions to the definition of independent hospital)—

(a) in paragraph (1)—

(i) at the end of sub-paragraph (d) insert “and”,

(ii) for sub-paragraph (e), substitute—

“(e) hyperbaric therapy, being the administration of oxygen (whether or not combined with one or more other gases) through a mask to a patient who is in a sealed chamber which is gradually pressurised with compressed air, where such therapy is carried out by or under the supervision or direction of a medical practitioner, except where the primary use of that chamber is—

(i) pursuant to regulation 6(3)(b) of the Diving at Work Regulations 1997(1) or regulation 8 or 12 of the Work in Compressed Air Regulations 1996(2); or

(ii) otherwise for the treatment of workers in connection with the work which they perform.”, and

(iii) omit sub-paragraph (f),

(b) at the end of paragraph (2) insert—

“(d) in vitro fertilisation techniques, being treatment services for which a licence may be granted under paragraph 1 of Schedule 2 to the Human Fertilisation and Embryology Act 1990(3).”;

(c) in paragraph (3)—

(i) at the end of sub-paragraph (g), omit “and”,

(ii) for sub-paragraph (h) substitute—

“(h) a surgery or consulting room (which is not part of a hospital) in which a medical practitioner provides medical services only under arrangements made on behalf of the patients by—

(i) their employer,

(ii) a government department or any executive agency of a government department,

(iii) a prison or other establishment in which the patients are held in custody, other than pursuant to any provision of the Mental Health Act 1983(4), or

(iv) an insurance provider with whom the patients hold an insurance policy, other than an insurance policy which is solely or primarily intended to provide benefits in connection with the diagnosis or treatment of physical or mental illness, disability or infirmity;”, and

(iii) after sub-paragraph (h) insert—

“(i) an establishment which is a hospital by virtue of section 2(7)(a) of the Act solely because it provides—

(i) nail surgery,

(ii) nail bed procedures, or

(iii) curettage, cautery or the cryocautery of warts, verrucae or other skin lesions,

on any area of the foot and uses local anaesthesia during that procedure; and

(j) an establishment which is a hospital by virtue of section 2(7)(a) of the Act solely because a medical practitioner provides curettage, cautery or the cryocautery of warts, verrucae or other skin lesions and uses local anaesthesia during that procedure.”;

(d) omit paragraph (4); and

(e) at the end, insert―

“(5) Subsection (7) of section 2 of the Act(5) shall be modified by inserting the words “intravenously administered” before “sedation” in paragraph (a). ”.

(1)

S.I. 1997/2776.

(2)

S.I. 1996/1656.

(3)

1990 c.37.

(4)

1983 c.20.

(5)

Section 2(7) was amended by S.I. 2001/3968.