Privacy and Dignity Policy

• Practitioners will deliver care and treatments in a manner that respects the patient’s privacy and dignity.

• We will handle personal information confidentially and in accordance with GDPR.

• We will recognise and respond to the cultural, physical, and emotional needs of the patients.

• All consultations and treatments will take place in private lockable rooms to ensure confidentiality and discretion.

• Practitioners will not discuss personal or medical information in areas where others may overhear, such as reception.

• We will address patients by their preferred name or title and use polite, professional language.

• We will actively listen to patients and acknowledge their concerns without judgment.

• Practitioners will provide explanations for each stage of the treatment to ensure the patient feels informed and respected.

• We will take extra care to ensure the dignity of vulnerable individuals, such as those with disabilities, mental health conditions, or language barriers.

• We will respect and address any concerns or complaints related to privacy or dignity in a timely and professional manner.

• Document and review complaints to prevent future occurrences.

Responsible persons to implement this policy are:

The Appointed Clinic Manager / Aesthetic Practitioner in charge will ensure that:

• Staff and patients involved are supported appropriately.

• A HIS notification is recorded and submitted regarding the incident on their portal.

Repercussions for not complying with this policy are:

To the Patient:

• The patient may feel embarrassed and complain or seek legal action if the breach of privacy or dignity is severe enough.

To your clinical fitness to practice:

• Not following the correct procedures in this policy may result in disciplinary action and reports being sent to your professional registration body, which may in turn affect your fitness to practice.

To the company:

• Not following this policy may result in complaints and further HIS inspections to investigate and may result in loss of the company’s reputation depending on the seriousness of the event/outcome.

We enforce compliance by:

• Ensuring all staff have had the opportunity to access and read this policy and this will be recorded in their personal development file.

• We ensure and audit that all staff have up to date and current knowledge of:

o How to support service users in a dignified manner to always uphold their privacy. This includes both written and oral breaches of privacy.

All staff and clinic managers contracted to provide safe person-centred care within our Independent Healthcare Service shall be adequately; recruited, inducted, trained and assessed as competent when managing the privacy and dignity of patients.

To assure a high level of safety and safe person-centred care:

• we will carry out regular and planned audits on how our staff and clinical managers manage the privacy and dignity of our patients and compliance with this policy, in particular gaining feedback from our patients.

• we will assure fitness of all staff and clinical managers when they manage the privacy and dignity of our patients and that they are regularly subject to; performance reviews and appraisals, continued professional development (CPD) and ensure implementation of industry recommended refresher training.

• we will ensure that we notify HIS of unfitness of managers.

• we will assure high quality independent healthcare by employing a risk assessment system where staff manage the privacy and dignity of our patients to prevent poor quality care in advance.

• With our patients and their representatives where relevant we will review and record the quality of treatment they receive and make them available to HIS and patients.

• When staff manage the privacy and dignity of patients, we will ensure that the premises is:

o suitable for purpose

o of sound construction

o kept in a good state of repair.

o has adequate and suitable equipment, ventilation, heating, and lighting.

From our documented assurance audits, we will review and improve how all staff manage the privacy and dignity of our patients in a timely manner using a documented Plan, Do, Study, Act format and record our healthcare improvements for future reference.

List any related policies, websites, forms:

Health and Social Care Standards

http://www.newcarestandards.scot/

We will deliver high quality care and support, right for the

patient with regards to privacy, dignity, and respect of service

users.

1.1 We never discriminate by gender, sex, or the beliefs of any patient.

1.2 We always ensure human rights of the patient will not bediscriminated against whilst using our service.

1.3 We always ensure that if a patient’s independence, control, and choice restrictions are justified, it will be kept to a minimum and carried out sensitively.

1.5 We always ensure patients are supported and cared for in thecommunity, this is done discreetly and with respect.

1.9 We always recognize each patient’s needs and wishes, and that they can add their own expertise to these decisions.

1.12 We always include the patient in assessing their emotional,psychological, social, and physical needs at an early stage, regularly and when their needs change.

1.13 We always ensure that a qualified person who involves other people and professionals as required assesses the patient.

1.18 We always ensure that the patient is given the time and anynecessary assistance to understand the planned care, support,therapy, or intervention they will receive, including any costs, before deciding what is right for them.

1.19 We always ensure the care and support we provide to the patient, meets their needs and is right for them.

1.20 We always ensure that the patient is always in the right place toexperience the care and support they need and want.

1.23 We always ensure that the needs of the patient, as agreed in their personal care plan, are fully met and their wishes and choices are respected.

1.24 We always ensure any treatment or intervention that the patientexperiences is safe and effective

1.28 We always support the patient to make informed lifestyle choices affecting their health and wellbeing, and that they are helped to use the relevant screening and healthcare services.

We will fully involve patients in all decisions regarding care

and support with regards to privacy, dignity, and respect of

service users.

2.3 We always support patients to understand and uphold their rights.

2.8 We always support patients to communicate in a way that is right for them, at their own pace, by people who are sensitive to them and their needs.

2.9 We always provide information to patients in a format and language that is right for them so that they can understand.

2.10 We always offer access to translation services or communication tools where necessary, and they are supported to use these where possible.

2.14 Where possible, we always fully inform patients what information is shared with others about me.

2.20 If a patient wants to move on and start using another service, we always ensure that the patient is fully involved in this decision and properly supported throughout this change.

We will empower and seek the patient’s confidence regardingpeople providing support and care with regards to privacy,

dignity and respect of service users.

3.1 We always be courteous and respectful to all patients and be themain focus of attention when receiving treatment.

3.2 We always show respect to patients at all times when delivering care and support in our clinic.

3.3 We always establish and agree clear expectations with patients about how we behave towards each other, and these are respected.

3.4 We always enlist the confidence of the patient regarding that only the right people are fully informed about their past, including their health and care experience, and any impact this has on them.

3.6 We always make the patient feel at ease because we greet themwarmly and introduce ourselves.

3.7 We always nurture good working relationships, providing a warm atmosphere for the patient.

3.8 We always build a trusting relationship with the patient, caring for them in a way that we both feel comfortable with.

3.9 We always show warmth, kindness and compassion when supporting patients, including physical comfort when appropriate for the patient and our staff.

3.13 We always treat patients as individuals, respecting their needs,choices and wishes, and anyone making a decision about their future care and support knows them.

3.14 We always enlist the confidence of the patient as we ensure all staff are trained, competent and skilled, are able to reflect on their practice and follow their professional and organizational codes.

3.16 We always ensure we provide time to support and care for patients and to speak with them.

3.17 We always ensure we respond promptly, including when the patient asks for help.

3.18 We always support and care for patients sensitively and anticipate issues and are aware of and plan for any known vulnerability or frailty.

3.20 We always protect patients from harm, neglect, abuse, bullying and exploitation by people who have a clear understanding of their responsibilities.

3.22 We always listen to and take patients seriously if they have aconcern about the protection and safety of themselves or others, with appropriate assessments and referrals made.

We will empower and seek the patient’s confidence regardingour organization in providing their support and care with

regards to privacy, dignity, and respect of service users.

4.1 We always consider the patient’s human rights central to the support and care we deliver.

4.2 We always help tackle health and social inequalities while delivering support and care to our patients.

4.3 We always ensure patients experience care and support where all people are respected and valued.

4.4 We always apologise to the patient if things go wrong with their care and support or their human rights are not respected, and the organization takes responsibility for their actions.

4.5 We always ensure, if possible, that patients can visit services andmeet the people who would provide their care and support before deciding it is right for them.

4.6 We always ensure patients can be meaningfully involved in how the organisations that support and care for them work and develop.

4.7 We always actively encourage patients to be involved in improving the service they use, in a spirit of genuine partnership.

4.8 We always support patients to give regular feedback on how theyexperience their care and support, and the organization useslearning from this to improve.

4.11 We always ensure patients experience high quality care and support based on relevant evidence, guidance, and best practice.

4.14 We always ensure patient care and support is provided in a planned and safe way, including if there is an emergency or unexpected event.

4.16 We always ensure that the patient is cared for by people they know so that they experience consistency and continuity.

4.17 We always ensure that if the patient is supported and cared for by a team or more than one organization, this is well co-ordinated so that they experience consistency and continuity.

4.18 We always ensure the patient benefits from different organisations working together and sharing information about them promptly where appropriate, and they understand how their privacy and confidentiality are respected.

4.19 We always ensure the patient benefits from a culture of continuous improvement, with the organization having a robust and transparent quality assurance process.

4.20 We always ensure the patient knows how, and can be helped, tomake a complaint or raise a concern about their care and support.

4.21 We always listen to patients when they have a concern or complaint, this will be discussed with them and acted on without negative consequences for them.

4.22 We always explain the reasons, if the care and support that thepatient needs is not available or delayed, and help them to find a suitable alternative.

4.23 We always ensure our service and organization is well led andmanaged.

4.25 We always seek the confidence of patients, that people areencouraged to be innovative in the way we provide support and care for them.

4.27 We always ensure patients experience high quality care and support because people have the necessary information and resources.

We will provide a high-quality environment for the patient to

experience with regards to privacy, dignity, and respect of

service users.

5.1 We always provide the patient access to an appropriate mix of private areas.

5.2 We always provide the patient easy access to a toilet from the room we deliver treatments from and can use this when they need to.

5.5 We always ensure the patient experiences a service that is the right size for them.

5.6 We always ensure when patients experience care and support, they experience a homely environment and can use a comfortable area with soft furnishings to relax.

5.8 We always ensure patients experience a service as near as possible to the people who are important to them and their home area if they want this and if it is safe.

5.16 We always ensure our premises have been adapted, equipped,and furnished to meet the needs and wishes of the patient.

5.17 We always ensure we provide an environment that is secure andsafe for the patient.

5.18 We always ensure that we provide an environment that iswelcoming, peaceful, and free from avoidable and intrusive noise and smells.

5.19 We always ensure that we provide an environment with plenty of natural light and fresh air, and the lighting; ventilation and heating can be adjusted to meet the patient’s needs and wishes.

5.20 We always have enough physical space to meet the patient’s needs and wishes.

5.22 We always ensure patients experience an environment that is well looked after with clean, tidy, and well-maintained premises, furnishings and equipment.

3. A provider must

(a) make proper provision for the health, welfare and safety of service users

(b) provide services in a manner which respects the privacy and dignity of service users

(c) ensure that no service user is subject to restraint unless it is the only practicable means of securing the welfare and safety of that or any other service user and there are exceptional circumstances.

(d) have appropriate systems, processes and procedures for all aspects of care and treatment carried out by the independent health care service

(i) the prevention and control of infection.

(ii) the decontamination of equipment.

(iii) the management of clinical and other waste.

(iv) the management of medication; and

(v) the use of Class 3B or Class 4 laser and intense light source equipment.

4. (1) A provider must, after consultation with each service user and, where it appears to the provider to be appropriate, any representative of the service user, as soon as reasonably practicable after the service user first received the service, prepare a Patient Care Record (“PCR”) which sets out how the service user’s health, safety and welfare needs are to be met.

(2) A provider must ensure a record is made in the PCR, as closely as possible to the time of the relevant event, of the following matters: —

(a)the date and time of every consultation with, or examination of, the service user by a health care professional and the name of that health care professional.

(b)the outcome of that consultation or examination.

(c)details of every treatment provided to the service user including the place, date and time that treatment was provided and the name of the health care professional responsible for providing it; and

(d)every medicine ordered for the service user and the date and time at which it was administered or otherwise disposed of.

(3) A provider must—

(a)make the PCR available to the service user and to any representative consulted under paragraph (1).

(b)ensure that the PCR is readily available to all health care staff involved in meeting the service user’s health and welfare needs; and

(c)where appropriate, and after consultation with the service user and, where it appears to the provider to be appropriate, any representative, revise the PCR.

5. (1) A person must not provide an independent health care service unless that person is fit to do so.

(2) The following persons are unfit to provide an independent health care service: —

(a) a person who is not of integrity and good character.

(b) a person who has been convicted whether in the United Kingdom or elsewhere of any offence which is punishable by a period of imprisonment (whether or not suspended or deferred) for a period of 3 months without the option of a fine and who in the reasonable opinion of HIS is unsuitable to be a provider of an independent health care service.

(c) a person whose estate has been sequestrated or who has been adjudged bankrupt unless (in either case) the person has been discharged or the bankruptcy order annulled.

(d) a person who has been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 F1 or sections 56A to 56K of the Bankruptcy (Scotland) Act 1985 F2 unless that order has ceased to have effect or has been annulled;

(e) a person who has made a composition or arrangement with, or granted a trust deed for, the person’s creditors unless the person has been discharged in respect of it;

(f) a person who has had an administrator, administrative receiver or a receiver appointed (which appointment is still in effect);

(g) a person who has been—

(i) removed under section 34 of the Charities and Trustee Investment (Scotland) Act 2005 F3 (powers of the Court of Session) from being concerned in the management or control of anybody; or

(ii) removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commission for England and Wales or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which the person was responsible or to which the person was privy, or which the person by that person’s conduct contributed to or facilitated.

(h) a person who is subject to a disqualification order under the Company Directors Disqualification Act 1986 F4, the Companies (Northern Ireland) Order 1986 F5, or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order); and

(i)a person who is subject to proceedings outside the United Kingdom which are equivalent to those listed at sub-paragraphs (b) to (h) above.

(3) For the purposes of paragraph (2)(b) any conviction by or before a court outside the United Kingdom for an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom, is to be disregarded.

(4) A provider must inform HIS immediately in writing where the provider becomes a person who is unfit to provide an independent health care service in terms of this regulation.

6. (1) A person must not act as a manager in relation to an independent health care service unless the person is fit to do so.

(2) The following persons are unfit to act as a manager in relation to an independent health care service—

(a) any person to whom regulation 5(2)(a) applies.

(b) any person who has been convicted whether in the United Kingdom or elsewhere of any offence which is punishable by a period of not less than 3 months and has been sentenced to imprisonment (whether or not suspended or deferred) for any period without the option of a fine and who, in the reasonable opinion of the provider of an independent health care service, is unsuitable to be a manager in relation to that service.

(c) a person who does not have the skills, knowledge and experience necessary for managing the independent health care service; and

(d) a person who, in order to perform the duties for which the person is employed in the independent health care service, is required by any enactment to be registered with any person or body and is not so registered.

7. (1) Where a provider of an independent health care service is or becomes aware that a person acting as a manager in relation to that service has been convicted of any criminal offence, whether in the United Kingdom or elsewhere, the provider must immediately give notice to HIS of—

(a)the date and place of conviction.

(b)the offence in respect of which the manager was convicted; and

(c)the penalty imposed in respect of the offence.

(2) Where a provider of an independent health care service becomes aware that a person acting as a manager in relation to that service is unfit to do so in terms of regulation 6, the provider must immediately notify HIS in writing of that fact.

8. (1) A provider must not employ any person in the provision of an independent health care service unless that person is fit to be so employed.

(2) The following persons are unfit to be employed in the provision of an independent health care service: —

(a) a person who does not have the qualifications, skills and experience necessary for the work that the person is to perform.

(b)any person to whom regulations 5(2)(a) or 6(2)(d) apply.

(c)any person who has been convicted, whether in the United Kingdom or elsewhere, of any offence which is punishable by a period of not less than 3 months and has been sentenced to imprisonment (whether or not suspended or deferred) for any period without the option of a fine and who in the reasonable opinion of the manager of an independent health care service is unsuitable to work in that service.

9. (1) A person who is listed in the children’s list in the Protection of Vulnerable

Groups (Scotland) Act 2007 F1 must not provide, manage or be employed in an independent health care service which provides care for children.

(2) A person who is listed in the adults’ list in the Protection of Vulnerable Groups (Scotland) Act 2007 must not provide, manage or be employed in an independent health care service.

10. (1) A provider must not use premises for the provision of an independent health care service unless they are fit to be so used.

(2) Premises are unfit to be used for the provision of an independent health care service unless—

(a)they are suitable for the purpose of the independent health care service.

(b)they are of sound construction and kept in a good state of repair both externally and internally; and

(c)they have adequate and suitable equipment, ventilation, heating and lighting.

11.  A provider must provide facilities which are suitable for the provision of the independent health care service and in particular—

(a)where both adult and child service users are provided with overnight accommodation within the independent health care service’s premises, a separate area for daytime and overnight accommodation of adult and child service users; and

(b)a place where the money and valuables of service users may be deposited for safe keeping, and arrangements for service users to acknowledge deposit, and the return to them, of any money or valuable so deposited.

12.  A provider must, having regard to the size and nature of the service, and the number and needs of service users—

(a) ensure that at all times suitably qualified and competent persons are working in the independent health care service in such numbers as are appropriate for the health, welfare and safety of service users.

(b) ensure that at all times a suitably qualified health care professional is working within the independent health care service whilst service users are present.

(c) ensure that each person employed in the provision of the independent health care service receives—

(i) regular performance reviews and appraisals.

(ii) education and training appropriate to the work they are to perform; and

(d) ensure that any person working in the independent health care service who is not employed by the provider, is appropriately supervised and has undergone an appropriate induction programme while carrying out their duties; and

(e) ensure that such steps as may be necessary are taken to address any aspect of—

(i) a health care professional’s clinical practice; or

(ii) the performance of a member of staff who is not a health care professional which is found to be unsatisfactory.

13. (1) A provider of an independent health care service must make such arrangements as are necessary to ensure that any treatment or services provided by that service are of a quality which is appropriate to meet the needs of service users.

(2) The provider must—

(a) introduce and maintain a system to manage risk associated with or arising from the care and treatment of service users.

(b)review the quality of treatment and other services provided by the independent health care service, which review must involve consultation with service users and their representatives where relevant; and

(c)produce a written record of the review carried out under subparagraph (b) and make this record available to HIS and service users.

14.  A provider who—

(a)is not an individual.

(b)is unfit to act as manager in relation to an independent health care service in terms of regulation 6(2); or

(c)is not, or does not intend to be, in full time day to day charge of the independent health care service,

must appoint an individual to be the manager of the service.

(2) Where a provider appoints a person to manage the independent health care service, the provider must immediately give notice to HIS of—

(a)the name of the person so appointed; and

(b)the date on which the appointment is to take effect.

15. (1) A provider must establish a procedure (“the complaints procedure”) for considering complaints made to the provider.

(2) The complaints procedure must be appropriate to the needs of the service users.

(3) The provider must ensure that any complaint made under the complaints procedure is fully investigated.

(4) The provider must, within 20 working days after the date on which the complaint is made, or such shorter period as may be reasonable in the circumstances, inform the complainant of any action (if any) that is to be taken.

(5) The provider must supply a written copy of the complaints procedure to every service user, and to any representative of a service user if that person so requests.

(6) The written copy of the complaints procedure must include—

(a)the name and address of HIS; and

(b)the procedure (if any) that has been notified by HIS to the provider for the making of complaints to HIS relating to the independent health care service.

(7) The provider must supply to HIS at its request a statement containing a summary of the complaints made during the preceding 12 months and the action that was taken in respect of each complaint.

16. (1) Subject to paragraph 2, it is an offence to contravene or fail to comply with regulations 5(1), 6(1) and 8(1).

(2) Failure to comply with regulation 5(2)

(a) does not constitute an offence.

(b) review the quality of treatment and other services provided by the independent health care service, which review must involve consultation with service users and their representatives where relevant; and

(c) produce a written record of the review carried out under subparagraph (b) and make this record available to HIS and service users.