Health and Care (Staffing) (Scotland) Bill 3 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 follow the common staffing method set out in subsection (2). 5 (2) The common staffing method means that a Health Board or the Agency (as the case may be)— (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, 10 (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 and outcomes under section 10H(1) by the Scottish Ministers, (c) takes into account— (i) its current staffing levels and any vacancies, 15 (ii) the local context in which it provides health care, (iii) any assessment by HIS, and any relevant assessment by any other person, of the quality of health care which it provides, (iv) comments by patients which relate to the duty imposed by section 12IA, and 20 (v) comments by its employees which relate to the duty imposed by section 12IA, and (d) having followed the steps described in paragraphs (a) to (c), and having additionally— (i) taken into account patient needs, 25 (ii) identified and taken all reasonable steps to mitigate any risks, and (iii) taken into account appropriate clinical advice, 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— 30 (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, (b) a “professional judgement tool” designed to provide quantitative 35 information relating to professional judgement in order to assist in determining the appropriate staffing levels for a particular kind of health care provision, and (c) the frequency at which such tools are to be used as part of the common staffing method. 40 (4) The Scottish Ministers may by regulations amend subsection (2) so as to change the description of the common staffing method. 4 Health and Care (Staffing) (Scotland) Bill Part 2—Staffing in the NHS 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 a location and by employees of a kind listed in the corresponding entries in the second and third columns. 5 Type of health care Location Employees Adult inpatient provision Hospital wards of 15 beds Registered nurses or more Clinical nurse specialist Hospitals and community Registered nurses who provision settings work as clinical nurse specialists 10 Community nursing Community settings Registered nurses provision Community children’s Community settings Registered nurses nursing provision Emergency care Emergency departments in Registered nurses and 15 provision hospitals medical practitioners Maternity provision Hospitals and community Registered midwives settings Mental health and Mental health and learning Registered nurses learning disability disability units in hospitals 20 provision Neonatal provision Neonatal units in hospitals Registered midwives and registered nurses Paediatric inpatient Paediatric wards in Registered nurses provision hospitals 25 Perioperative provision Operating theatres in Registered nurses hospitals Small ward provision Hospital wards of 14 beds Registered nurses or fewer 30 (2) In the third column of the table in subsection (1), references to— (a) registered nurses, (b) registered midwives, and (c) medical practitioners, Health and Care (Staffing) (Scotland) Bill 5 Part 2—Staffing in the NHS include other persons providing care for patients and acting under the supervision of, or discharging duties delegated to the person by, the registered nurse, registered midwife or medical practitioner (as the case may be). (3) The Scottish Ministers may by regulations amend subsections (1) and (2) so as 5 to add, remove, or change the description of a type of health care (including by amending any column of the table in subsection (1)). 12ID Training and consultation of staff In complying with the duty imposed by section 12IB, every Health Board and the Agency must— 10 (a) encourage its employees to give views on its staffing 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...