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Private ambulances to face regulation - MSP welcomes action from Scottish Government
Sunday, 31 January 2010

private ambulanceProposals from the Scottish Government to inspect and regulate private ambulance services have been welcomed by SNP MSP Sandra White who first raised the issue with Health Minister Shona Robison at the end of 2008.

Glasgow MSP Sandra White raised her concerns after being approached by people working for private ambulance firms over the lack of regulation and inspection of private ambulances which are often used to transport patients in need of care and to provide medical services at events such as concerts, festivals and sports events.

 

Health Minister Shona Robison has put forward amendments to the Public Services Reform Bill which will implement the recommendations of a 2005 consultation and bring private ambulances under the regulation of Healthcare Improvement Scotland.

Ms White said: "Private ambulances have been missing from healthcare regulation for too long and I welcome the SNP Government's proposal to put that right.

"There was unanimous support in the 2005 consultation for regulation of private ambulances but no action was taken.

"Independent ambulances offer a valuable service but patients using them deserve to know that the service is subject to the same checks as other healthcare services.  These changes to the law will give people that confidence and security.

"I hope all members will support this proposal as it comes before the Parliament in the next few weeks."

Notes:

Details of Ms White's initial call for regulation and her correspondence with the Health Minister is here.

The amendments, published on Wednesday 27th Jan, will bring private ambulances under the regulation of Healthcare Improvement Scotland:

Shona Robison

160     In section 90, page 47, line 3, at end insert-

an independent ambulance service.

Shona Robison

161     In section 90, page 47, line 25, leave out <a>

Shona Robison

162     In section 90, page 47, line 28, at end insert-

"independent ambulance service" means, subject to subsection (5), a service which consists of or includes-

(a)     provision (other than provision falling within paragraph (b) below) of medical treatment, medical care or other care to relevant patients while such patients are being transported to or from a place of medical treatment;

(b)     provision, at or in connection with a public event, of medical treatment outwith relevant premises under arrangements made between the provider of the service and another (whether or not the service includes a means of transport for transporting patients from the event to relevant premises).

(3)     In paragraph (a) of the definition of "independent ambulance service" in subsection (2)-

"relevant patient" is a patient-

(a)     whose condition or recovery would or might be impaired were the treatment or care mentioned in that paragraph not to be provided;

(b)     whose condition affects the patient's mobility to such an extent that, were such treatment or care not to be provided while the patient is being transported as mentioned in that paragraph, the patient's condition or recovery would or might be impaired;

(c)     whose mobility is such that, without such treatment or care, it would be difficult or impossible for the patient to be transported as mentioned in that paragraph;

"place of medical treatment" means a hospital or other premises used or intended to be used for the provision of medical or dental treatment, and includes an independent health care service mentioned in paragraphs (a) to (d) of subsection (1).

(4)     In paragraph (b) of the definition of "independent ambulance service" in subsection (2)-

"public event" means an event, function or other organised activity of any kind to which members of the public have access;

"medical treatment" includes medical care and medical advice;

"relevant premises" means premises used or intended to be used for the provision of medical treatment, medical care or medical advice, but does not include-

(a)     any means of transport as mentioned in that paragraph; or

(b)     any temporary premises at or near, and provided in connection with, the public event.

(5)     A service does not fall within the definition of "independent ambulance service" in subsection (2) if it is provided under the health service, unless it is so provided for remuneration.

(6)     In subsection (5), "remuneration" does not include remuneration payable by a health service body under arrangements made for the provision of the service.

(7)     Where, by virtue of payment of remuneration, the provider of a service under the health service acts as an independent ambulance service, HIS's independent health care functions are exercisable in relation to that provider only where, and to the extent that, the provider is so acting.

The consultation by the previous Scottish Executive can be found here.

The correspondence between Ms White and the Minister for Public Health is below;

Dear Minister,

I am writing to you in relation to the provision of private ambulance services in Scotland and their regulation.

I note that in 2005 the ten Scottish Executive issued a consultation paper entitled "Independent Ambulance Services - to regulate" to which it received over 20 responses, many of which called for regulation or expressed concern over some aspects of the operation of private ambulances.

To my knowledge no report has been published and it is still "in the hands of the Government".  I would therefore be grateful if you could provide me with an update as to the current situation with regards to the regulation of Private Ambulances.

Hopefully this will include the Government's stance and future intentions in relation to the regulation of private ambulances.

Yours sincerely
Sandra White MSP

Dear Sandra

Thank you for your recent letter about the regulation of independent ambulance services.

As you are aware a consultation on whether independent ambulance services should be regulated was carried out by the Scottish Executive during January to March 2005 and received 33 responses.  The unanimous view of the respondees was that independent ambulance services should be regulated by the care Commission.

"The Scottish Government Legal Department have advised that any regulation by the Care Commission would require primary legislation.  The Scottish Government is considering a range of options following the proposals made in the Crerar Review and the regulation of independent ambulances will be looked at alongside other legislative amendments emerging from the review."

I hope this is helpful

Best Wishes

Shona Robison
Minister for Public Health

 


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