Public Health (Digital Services) (Scotland) Act 2019 1

MODEL
SCOTTISH PARLIAMENT

Public Health (Digital Services) (Scotland) Bill

SP Bill 73

(as introduced)

An Act of the Scottish Parliament to amend the Patient Rights (Scotland) Act 2011 in connection
with the provision of a patient advice and support service; to make provision about digital NHS
services; and for connected purposes.

The Patient Rights (Scotland) Act 2011

1 Digital provision of advice and support service

In section 18 of the Patient Rights (Scotland) Act 2011 (patient advice and support service),
after subsection (2) insert—
“(2A) The patient advice and support service must be provided by means of a website (but
this subsection does not prevent the provision of the service by other means).”

Provision of digital treatment service

2 Provision of a digital treatment service

(1) The 1978 Act is amended as follows.
(2) In subsection (1) of section 10, for the words after “this section” substitute “and sections
10ZA, 10ZB, and 15.”
(3) After section 10ZA, insert—
“10ZB Provision of digital treatment service
(1) The Agency must provide or secure the provision of a digital treatment service.
(2) A digital treatment service is a service provided by means of a website which—
(a) provides two-way communication between a medical practitioner and another
person (whether by text, audio, audio and video, or a combination),
(b) enables the medical practitioner, so far as reasonably practicable, to examine
the person and to otherwise obtain information which may be relevant in the
examination or in the diagnosis of any disease or illness,
(c) enables the medical practitioner to provide the person with treatment, support,
advice, and counselling, and
(d) enables the medical practitioner to arrange for the person to be examined,
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treated, or to receive other services provided by the Health Board in whose

area the person resides.
(3) The Agency must secure that a digital treatment service is provided—
(a) in the most efficient and effective manner possible, and
(b) in a manner which supports the co-ordination of the Agency with a Health
Board or Special Health Board.
(4) The Scottish Ministers may direct that a Health Board or Special Health Board make
a payment to the Agency in respect of its expenses in connection with the provision
of a digital treatment service.
(5) A direction under subsection (4) may be general or special.
(6) The Scottish Ministers may issue guidance to the Agency in connection with the
performance of its functions under this section.
(7) The Scottish Ministers must lay before the Scottish Parliament a copy of—
(a) each direction they give under this section, and
(b) any guidance they issue under this section.
(8) The Public Health (Digital Services) (Scotland) Act 2019 makes further provision
about digital treatment services (see sections 3 and 4).”

3 Suspension of digital treatment service

The provision of a digital treatment service under section 10ZB of the 1978 Act must not
be suspended or interrupted unless—
(a) the suspension or interruption could not reasonably have been foreseen, or
(b) the suspension or interruption is necessary for the purpose of maintaining the service
and notice of the suspension or interruption is published through the service at least
24 hours before the start of the suspension or interruption.

4 Standards, etc. for digital treatment service

(1) The Scottish Ministers may by regulations impose such requirements as they consider
necessary, expedient, or desirable for or in connection with the provision of a digital
treatment service under section 10ZB of the 1978 Act.
(2) Regulations under this section may provide for penalties to be imposed on—
(a) the Common Services Agency,
(b) a Health Board, or
(c) a Special Health Board,
in connection with a failure to adhere to any requirement imposed under section 10ZB of
the 1978 Act, section 3, or this section.
(3) Regulations under this section are subject to the negative procedure.

General

5 Ancillary provision
(1) The Scottish Ministers may by regulations make any incidental, supplementary,
consequential, transitional, transitory, or saving provision they consider appropriate for
the purposes of, in connection with, or for giving full effect to this Act or provision made
under it.
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(2) Regulations under this section may modify any enactment (including this Act).
(3) Regulations under this section are subject to—
(a) where they modify an enactment, the affirmative procedure;
(b) otherwise, the negative procedure.

6 Interpretation
(1) In this Act, “the 1978 Act” means the National Health Service (Scotland) Act 1978.
(2) Unless the contrary intention appears, any expression which is used in this Act and in the
1978 Act is to have the same meaning in this Act as it has in the 1978 Act.

7 Commencement
This Act comes into force on the day after Royal Assent.

8 Short title
The short title of this Act is the Public Health (Digital Services) (Scotland) Act 2019.