Health and Care (Staffing) (Scotland) Bill 9 Part 2—Staffing in the NHS (3) As soon as reasonably practicable after the end of each financial year, the Scottish Ministers must lay before the Parliament a report setting out— (a) how they have complied with subsection (1), and (b) the extent to which Ministers’ compliance with subsection (1) enabled 5 Health Boards, relevant Special Health Boards and the Agency to comply with the duty imposed by section 12IA. 12IAD Duty to ensure adequate time given to clinical leaders In complying with the duty imposed by section 12IA, every Health Board and the Agency must ensure that all individuals with lead clinical professional 10 responsibility for a team of staff receive sufficient time and resources to discharge that responsibility and their other professional duties, including, in particular, time— (a) to supervise the meeting of the clinical needs of the patients in their care, (b) to manage, and support the development of, the staff for whom they are 15 responsible, and (c) to lead the delivery of safe, high-quality and person-centred health care. 12IAE Duty to ensure appropriate staffing: training of staff In complying with the duty imposed by section 12IA, every Health Board and the Agency must ensure that its employees receive— 20 (a) such training as it considers appropriate and relevant for the purposes set out in section 12IA(1)(a) and (b), and (b) such time and resources as it considers adequate to undertake such training. 12IB Duty to follow common staffing method 25 (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 method set out in subsection (2). (2) The common staffing method means that a Health Board or the Agency (as the 30 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, (b) takes into account, in so far as relevant, any measures for monitoring and 35 improving the quality of health care which are published as standards and outcomes under section 10H(1) by the Scottish Ministers (including any measures developed as part of a national care assurance framework), (c) takes into account— (i) its current staffing levels and any vacancies, 40 (ia) the different skills and levels of experience of its employees, 10 Health and Care (Staffing) (Scotland) Bill Part 2—Staffing in the NHS (ib) the role and professional duties, in particular, of any individual with lead clinical professional responsibility for the particular type of health care, (ic) the effect that decisions about staffing and the use of resources 5 taken for the particular type of health care may have on the provision of other types of health care including, in particular, those to which this section does not apply, (ii) the local context in which it provides health care, (iia) patient needs, 10 (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 15 processes under sections 12IAB and 12IABA, (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 20 (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 (d) having followed the steps described in paragraphs (a) to (ca), decides what changes (if any) are needed as a result to its staffing establishment, 25 and to the way in which it provides health care. (3) The Scottish Ministers may by regulations prescribe— (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 30 care provision, and (b) a “professional judgement tool” designed to provide quantitative information relating to professional judgement in order to assist in determining the appropriate staffing levels for a particular kind of health care provision. 35 (3A) For the purposes of this section, a reference to a Health Board’s (or, as the case may be) the Agency’s staffing establishment is a reference to the number of employees of a particular kind (or kinds) that the Board (or, as the case may be) the Agency have determined as being appropriate to deliver a type of health care mentioned in section 12IC. 40 (4) The Scottish Ministers may by regulations amend subsection (2) so as to change the description of the common staffing method.