Health and Care (Staffing) (Scotland) Bill 7 Part 2—Staffing in the NHS 12IB Duty to follow common staffing method (1) In relation to health care of a type mentioned in section 12IC, a Health Board or the Agency (as the case may be) must, no less often than at the frequency specified in regulations by the Scottish Ministers, use the common staffing 5 method set out in subsection (2). (1A) The purpose of the common staffing method is to set a staffing establishment figure for a particular kind of health care provision at a particular location by employees of a particular kind. (1B) For the purposes of subsection (1A), “staffing establishment” means the total 10 number of suitably qualified and competent employees of a particular kind required to meet the average workload in a particular location in order to comply with the duty in section 12IA. (2) The common staffing method means that a Health Board or the Agency (as the case may be)— 15 (a) uses the staffing level tool and the professional judgement tool as prescribed in regulations under subsection (3) and takes into account the results from those tools, (b) takes into account, in so far as relevant, any measures for monitoring and improving the quality of health care which are published as standards 20 and outcomes under section 10H(1) by the Scottish Ministers, (c) takes into account— (i) its current staffing levels and any vacancies, (ia) the different skills and levels of experience of its employees, (ib) the role and professional duties, in particular, of any individual 25 with lead clinical professional responsibility for the particular type of health care, (ic) the impact on other health care professions and staff, (ii) the local context in which it provides health care, (iia) patient needs, 30 (iib) appropriate clinical advice, (iii) any assessment by HIS, and any relevant assessment by any other person, of the quality of health care which it provides, (iiia) experience gained from using the real-time assessment arrangements under section 12IAA(1) and the risk escalation 35 process under section 12IAB(1), (iv) comments by patients, and by individuals who have a personal interest in their health care (for example family members and carers within the meaning of section 1 of the Carers (Scotland) Act 2016), which relate to the duty imposed by section 12IA, and 40 (v) comments by its employees which relate to the duty imposed by section 12IA, and (ca) identifies and takes all reasonable steps to mitigate any risks, and 8 Health and Care (Staffing) (Scotland) Bill Part 2—Staffing in the NHS (d) having followed the steps described in paragraphs (a) to (ca), decides what changes (if any) are needed as a result to its staffing levels, and to the way in which it provides health care. (3) The Scottish Ministers may by regulations prescribe— 5 (a) a “staffing level tool” designed to provide quantitative information relating to workload, based on patient needs, in order to assist in determining the appropriate staffing levels for a particular kind of health care provision, and (b) a “professional judgement tool” designed to provide quantitative 10 information relating to professional judgement in order to assist in determining the appropriate staffing levels for a particular kind of health care provision. (4) The Scottish Ministers may by regulations amend subsection (2) so as to change the description of the common staffing method. 15 12IC Common staffing method: types of health care (1) The types of health care are those described in the first column of the table below, in so far as they are provided at any one of the kinds of locations and by any one of the kinds of employees listed in the corresponding entries in the second and third columns. 20 Type of health care Location Employees Adult inpatient provision Hospital wards with 17 Registered nurses occupied beds or more on average Clinical nurse specialist Hospitals Registered nurses who 25 provision work as clinical nurse Community settings specialists Community nursing Community settings Registered nurses provision Community children’s Community settings Registered nurses 30 nursing provision Emergency care Emergency departments in Registered nurses provision hospitals Medical practitioners Maternity provision Hospitals Registered midwives 35 Community settings Mental health and Mental health units in Registered nurses learning disability hospitals provision Learning disability units in hospitals 40 Health and Care (Staffing) (Scotland) Bill 9 Part 2—Staffing in the NHS Type of health care Location Employees Neonatal provision Neonatal units in hospitals Registered midwives Registered nurses Paediatric inpatient Paediatric wards in Registered nurses provision hospitals 5 Small ward provision Hospital wards with 16 Registered nurses occupied beds or fewer on average (2) In the third column of the table in subsection (1), references to— 10 (a) registered nurses, (b) registered midwives, and (c) medical practitioners, include other individuals providing care for patients and acting under the supervision of, or discharging duties delegated to the individual by, the 15 registered nurse, registered midwife or medical practitioner (as the case may be). (2A) But those references do not include individuals who are engaged in a course of studies in order to be admitted to— (a) the register of members maintained by the Nursing and Midwifery 20 Council under section 60 of the Health Act 1999, or (b) the register of medical practitioners maintained by the General Medical Council under section 2 of the Medical Act 1983 (with the exception of persons who are already provisionally registered under section 15 of that Act). 25 (3) The Scottish Ministers may by regulations amend subsections (1) to (2A) so as to add, remove, or change the description of a type of health care, including where and by whom it is provided (for example, so as to add to the third column of the table in subsection (1) employees of a kind included in the register of members maintained by the Health and Care Professions Council 30 under section 60 of the Health Act 1999). 12ID Training and consultation of staff In complying with the duty imposed by section 12IB, every Health Board and the Agency must— (a) encourage and support its employees to give views on its staffing 35 arrangements for the types of health care described in section 12IC, (b) take into account and use any such views it receives to identify best practice, and areas for improvement, in relation to such staffing arrangements, 10 Health and Care (Staffing) (Scotland) Bill Part 2—Staffing in the NHS (c) train employees (including, in particular, employees of a type mentioned in the third column of the table in section 12IC(1)) using the common staffing method on how to use it, (d) ensure that those employees receive adequate time to use the common 5 staffing method, and (e) provide information to employees engaged in the types of health care described in section 12IC about its use of the common staffing method, including about— (i) the results from using the staffing level tool and the professional 10 judgement tool under paragraph (a) of section 12IB(2), (ii) the steps taken under paragraphs (b) and (c) of that subsection, and (iii) the results of its decision under paragraph (d) of that subsection. 12IE Reporting on staffing (1) Before the end of the period of 1 month beginning with the last day of each 15 financial year, every Health Board and the Agency must publish, and submit to the Scottish Ministers, a report setting out how during that financial year it has carried out its duties under— (a) section 12IA (including reference to the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to 20 guiding principles in health care staffing and planning), (aa) section 12IAA, (ab) section 12IAB, (b) section 12IB, and (c) section 12ID. 25 (2) Following the receipt...