COVID-19 Healthcare: Healthcare Implications Of The Coronavirus Act

The Coronavirus Act 2020 was given Royal Assent on 25 March 2020. This emergency legislation will be in place for two years and will be reviewed by ministers every six months. In her recent article Gemma Brannigan set out the key healthcare implications. Here, we look at how some of the key provisions - and their implications - of the Act differ in Scotland.

Emergency registration of health and social care professionals: the Act provides for temporary registration of those who perform primary medical services, in order to increase capacity. Interestingly, there is no mention of dentists: the vast bulk of dental services have ceased for the duration of the lockdown. There are different registration procedures, but this is the same list as England. The Act also allows for temporary registration of social workers; student social workers in their final year of training may register as a temporary social worker. In England, there is no reference to student social workers nor to those on career breaks - those who are fit, proper and suitably experienced can temporarily register. It seems that Scotland has been given wider powers here.

Indemnity: the Act provides that those involved in caring, treating or diagnosing coronavirus may be indemnified by Scottish Ministers in respect of any death, personal injury or loss arising out of a breach of duty of care owned in one of these services. This is however only applicable where there is no other arrangement in place. So a GP with indemnity cover must turn to their defence organisation first, with the risk of impact on premiums that this would bring. Mental Health Act: the Act provides for relaxing of various requirements, and an increase of powers, under the Mental Health Act. The key provisions include an extension of the emergency detention period in hospital from 72 hours to 120 hours and a nurse's ability to detain for six hours instead of three; the ability of a medical practitioner to grant a short term detention certificate without consulting a mental health officer; the application for a compulsory treatment order to be made by one medical practitioner instead of two; an extension of an assessment order to 12 weeks instead of 14 days; and the ability for...