Recommendation 1

Under the exemption from the Bill’s provisions for procedures provided by health care providers for the prevention, diagnosis or treatment of an illness, the Committee notes that regulated healthcare professionals (who qualify as health care providers in this context) are defined as persons regulated by any of the eight councils listed in section 1(3). The Committee acknowledges that section 4(3) of the Bill goes on to define a shorter list of healthcare professionals who can provide or manage non-surgical procedures in an independent clinic registered with HIS – one of the categories of ‘permitted premises’ defined by the Bill. However, the Committee is concerned that listing these eight councils could create the impression that any of the healthcare professionals regulated by these eight councils could deliver these procedures in an independent clinic. Therefore, the Committee would recommend making clear in guidance accompanying the Act that, in order for an independent clinic to qualify as “permitted premises”, there must be a healthcare professional who meets the narrower definition in section 4(3) either providing the services or managing them.