Question reference: S4W-28447
- Asked by: Nanette Milne, MSP for North East Scotland, Scottish Conservative and Unionist Party
- Date lodged: 17 November 2015
-
Current status: Answered by Jamie Hepburn on 2 December 2015
Question
To ask the Scottish Government for what reason practitioner psychologists cannot complete a Section 47 certificate of incapacity under Part 5 of the Adults with Incapacity (Scotland) Act 2000 and whether it will consider allowing them to do so.
Answer
The Adults with Incapacity (Scotland) Act 2000 originally enabled only the medical practitioner primarily responsible for the medical treatment of the adult to certify incapacity in regard to medical treatment. This was later amended by section 35(2)(b) of the Smoking, Health and Social Care (Scotland) Act 2005 to allow dental practitioners, ophthalmic opticians and registered nurses who have received training in the assessment of incapacity to sign certificates under section 47.
The government does not have any immediate plans to further alter legislation on this issue but I have agreed to meet members of the British Psychological Society in December 2015 to discuss this issue.