Article 3 Definition of non-surgical procedure

In this Order, a “non-surgical procedure”—

In this article—

• “care home” means accommodation occupied exclusively or mainly by individuals aged 16 or over that is provided by an organisation carrying on a care home service (within the meaning of paragraph 2 of schedule 12 of the Public Services Reform (Scotland) Act 2010^f2),

• “excepted premises” means—

  1. (a)

     any premises of an independent hospital that is registered with HIS,

  2. (b)

     any premises of an independent clinic—

     1. (i)

        that is registered with HIS, and

     2. (ii)

        whose services are provided or managed by any of the following persons—

        1. (aa)

           a registered medical practitioner,

        2. (bb)

           a person registered in the dentists register under the Dentists Act 1984^f3,

        3. (cc)

           a registered nurse who is noted in the Nursing and Midwifery Register as being qualified to order drugs, medicines and appliances as a nurse independent prescriber,

        4. (dd)

           a registered midwife who is noted in the Nursing and Midwifery Register as being qualified to order drugs, medicines and appliances as a nurse independent prescriber,

        5. (ee)

           a pharmacist independent prescriber,

  3. (c)

     any premises (or vehicle), other than a dwelling or care home, at or in which general dental services are provided in accordance with an agreement pursuant to section 25 of the 1978 Act,

  4. (d)

     premises, other than a dwelling or care home, whose address is specified in an agreement pursuant to section 17C of the 1978 Act as one at which primary medical services are to be provided in accordance with the agreement,

  5. (e)

     premises, other than a dwelling or care home, whose address is specified in a contract pursuant to section 17J of the 1978 Act as one at which general medical services are to be provided in accordance with the contract, or

  6. (f)

     a registered pharmacy within the meaning of section 74 of the Medicines Act 1968^f4,

• “health care provider” means—

  1. (a)

     an independent health care service that is registered with HIS,

  2. (b)

     a regulated health care professional, or

  3. (c)

     a person who, in providing the procedure, is acting in accordance with the directions of a regulated health care professional,

• “health service” means the health service established under section 1 of the 1978 Act,

• “illness” includes—

  1. (a)

     mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003^f5, and

  2. (b)

     any injury or disability requiring medical, surgical or dental treatment or nursing,

• “independent clinic” has the meaning given by section 10F(2) of the 1978 Act,

• “independent health care service” has the meaning given by section 10F of the 1978 Act,

• “independent hospital” has the meaning given by section 10F(2) of the 1978 Act,

• “intimate area” means anus or genitals or an area around the anus or genitals,

• “Nursing and Midwifery Register” means the register maintained under article 5 of the Nursing and Midwifery Order 2001^f6,

• “pharmacist independent prescriber” means a person who is—

  1. (a)

     registered as a pharmacist in—

     1. (i)

        Part 1 of the register maintained under article 19 of the Pharmacy Order 2010^f7, or

     2. (ii)

        the register maintained in pursuance of articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976^f8, and

  2. (b)

     noted in that register as being qualified to order drugs, medicines and appliances as a pharmacist independent prescriber,

• “prescribed anaesthetic” means an anaesthetic that is a prescription only medicine within the meaning given by regulation 8 of the Human Medicines Regulations 2012^f9,

• “regulated health care professional” means a person who is regulated by any of the following—

  1. (a)

     the General Medical Council,

  2. (b)

     the General Dental Council,

  3. (c)

     the General Optical Council,

  4. (d)

     the General Osteopathic Council,

  5. (e)

     the General Chiropractic Council,

  6. (f)

     the General Pharmaceutical Council

  7. (g)

     the Nursing and Midwifery Council,

  8. (h)

     the Health and Care Professions Council.