Health and Care (Staffing) (Scotland) Bill 27 Part 3—Staffing in care services 10 Functions of SCSWIS in relation to staffing methods (1) The Public Services Reform (Scotland) Act 2010 is amended as follows. (2) After section 82 insert— “C HAPTER 3A 5 C ARE SERVICES : STAFFING 82A Development of staffing methods (1) SCSWIS may develop and recommend to the Scottish Ministers staffing methods for use by persons who provide— (a) care home services for adults, and 10 (b) such other care services as the Scottish Ministers may by regulations specify. (2) In developing such methods, SCSWIS must collaborate with— (a) the Scottish Ministers, (b) Healthcare Improvement Scotland, 15 (ba) the Scottish Social Services Council, (bb) every Health Board, (c) every local authority, (d) every integration authority, (e) such persons as SCSWIS considers to be representative of the providers 20 and users of the care services to whom the staffing methods are to apply, (f) such trade unions and professional bodies as SCSWIS considers to be representative of individuals working in those care services, and (g) such other persons as SCSWIS considers appropriate. (3) In undertaking such collaboration, SCSWIS and those other persons must have 25 regard to— (a) any guidance issued by the Scottish Ministers about the operation of this section, and (b) the guiding principles for health and care staffing set out in section 1 of the Health and Care (Staffing) (Scotland) Act 2019. 30 (3A) The Scottish Ministers must publish any guidance issued under subsection (3)(a). (4) A staffing method developed and recommended under subsection (1) must include the use of staffing level tools designed to provide— (a) quantitative information relating to workload, based on the needs of 35 service users, and (b) quantitative or qualitative information relating to professional judgement, in order to assist in determining the appropriate staffing levels for a care service. 28 Health and Care (Staffing) (Scotland) Bill Part 3—Staffing in care services (4A) A staffing method developed and recommended under subsection (1) may require persons who provide care services to put and keep in place risk management procedures that are appropriate to the care services provided. (5) A staffing method developed and recommended under subsection (1) may 5 include, in particular, the taking into account of— (a) the current staffing levels of a care service and any vacancies, (b) the local context in which a care service is provided, (c) the physical environment in which a care service is provided, (d) any assessment of the quality of a care service, 10 (e) the needs of the users of a care service, (f) comments by the users of a care service, and by individuals who have a personal interest in their 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 6 of the Health and Care 15 (Staffing) (Scotland) Act 2019, (g) comments by the individuals working in a care service which relate to the duty imposed by section 6 of the Health and Care (Staffing) (Scotland) Act 2019, (ga) recommendations of senior care sector or health care professionals with 20 qualifications and experience that are appropriate to the care services in question, (h) the standards and outcomes applicable to care services published by the Scottish Ministers under section 50, (i) such indicators or measures relating to the quality of care as SCSWIS 25 considers appropriate, (j) such guidance, published by professional bodies of the kind described in subsection (2)(f) or by other bodies with experience in relevant fields, as SCSWIS considers appropriate, and (k) such clinical evidence and research as SCSWIS considers appropriate. 30 82B Regulations: requirement to use staffing methods (1) Following the development and recommendation by SCSWIS under section 82A or 82BA of a staffing method for use by persons who provide care services, the Scottish Ministers may by regulations require the use of that method (with or without modifications) by persons who provide those care 35 services. (2) Regulations under subsection (1) may prescribe— (a) the types of care settings and individuals working in a care service in relation to which, and whom, a staffing method is to be used, (aa) the minimum frequency at which a staffing method is to be used, and 40 (b) the staffing level tools for the purpose of section 82A(4).