# The Independent Health Care (Wales) Regulations 2011, Regulation 40: Surgical procedures

Extent: E+W

(1) Where medical treatment (including cosmetic surgery) is provided under anaesthesia or sedation in an independent hospital, the registered person must ensure that—
(a) each operating theatre is designed, equipped and maintained to an appropriate standard for the purposes for which it is to be used;
(b) all surgery is carried out by, or under the direction of, a suitably qualified, skilled and experienced medical practitioner;
(c) an appropriate number of suitably qualified, skilled and experienced employees are in attendance during each surgical procedure; and
(d) the patient receives appropriate treatment—
(i) before administration of an anaesthetic or sedation;
(ii) whilst undergoing a surgical procedure;
(iii) during recovery from general anaesthesia; and
(iv) post–operatively.
(2) The registered person must ensure that before a patient who has capacity to do so consents to any surgery offered by the independent hospital, the patient has received clear and comprehensive information about the procedure and any risks associated with it.
(3) In the case of a patient who lacks the capacity to consent to surgery, the information mentioned in paragraph (2) must, wherever possible, be provided to the patient’s representatives.
(4) In the case of a patient who lacks capacity to consent to surgery, the registered person must take proper account of any valid and applicable advance decisions made by the patient under the 2005 Act.

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Source: https://www.legislation.gov.uk/wsi/2011/734/regulation/40 (the official version)
Page: https://openlegislation.uk/independent-health-care-wales-regulations-2011/regulation-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.