Independent healthcare regulation

In April 2004, the Healthcare Commission took over responsibility for regulating and inspecting the independent (private and voluntary) healthcare sector, which was previously the responsibility of the National Care Standards Commission (NCSC).

Health and Social Care (Community Health and Standards) Act (2003)

Our duty to regulate and inspect independent healthcare is laid out in the Health and Social Care (Community Health and Standards) Act (2003) with details on what we regulate given in the Care Standards Act (2000) and private and voluntary healthcare (England) regulations 2001.

Health and Social Care (Community Health and Standards) Act (2003) (opens new window)

Care Standards Act (2000) (opens new window)

Private and Voluntary Healthcare (England) Regulations 2001 (opens new window)

Registration Regulations 2001 (opens new window)

The Private and Voluntary Health Care (England) (Amendment) Regulations 2006

New regulations which change the frequency of inspection visits to a minimum of once every five years

The Private and Voluntary Health Care (England) (Amendment) Regulations 2006 (opens new window)

National minimum standards

We assess all registered services annually, through a self-assessment process, to ensure that they are meeting the national minimum standards (Department of Health, 2002). Where we identify risks of standards not being adhered to we may undertake an inspection to look at this in more detail. We inspect all services at least once every five years.

Independent Health Care: National Minimum Standards Regulations (Department of Health) (opens new window)

In addition to our regulatory function, we are also responsible for:

encouraging improvement in the quality of care services across England
reporting to Government on the provision and quality of registered services across England
advising Government on any changes we think should be made to the national minimum standards
providing better and more accessible information about independent healthcare to the public.

Who needs to register?

An independent healthcare provider is required to be registered with the Healthcare Commission if they intend to operate the following establishments:

private acute and mental health hospitals as defined under section 2(3)(a) & (b) of the Care Standards Act 2000
independent clinics where services are provided by medical practitioners as defined under section 2(4) of the Care Standards Act 2000.

If an establishment provides any of the services listed below (as set out in section 2(7) of the Care Standards Act 2000) they are required to register with the Healthcare Commission:

medical treatment under anaesthesia or sedation
dental treatment under general anaesthesia
obstetric service and in connection with childbirth, medical services
termination of pregnancies
cosmetic surgery
treatment using prescribed techniques and technologies, for example laser and intense pulse light therapy, hyperbaric oxygen chambers, private dialysis, IVF and endoscopy

Mental health:

any establishment in which treatment or nursing (or both) are provided for people liable to be detained under the Mental Health Act 1983 is required to be registered.

Exceptions

Services provided by medical practitioners under arrangements made on behalf of the patients by their employer or another person are exempt from registration under private and voluntary healthcare (England) regulations 2001, regulation 3 (3)(h) and regulation 4 (1)(b). In practice, this includes medical services such as those provided by police surgeons, or those for medico-legal or occupational health purposes, as these are usually provided under third party arrangements and as such are exempt under the private and voluntary healthcare regulations. However, if the medical practitioner provides other registerable services as part of their medical practice, then that element may be subject to regulation under the Care Standards Act 2000.

It is an offence under the Care Standards Act 2000 part II section 11(1) to carry on or manage a registerable service without first being registered to do so. Failure to apply for registration could render you liable to prosecution and could lead to the refusal of your application to register.

PLEASE NOTE:

Having obtained legal and scientific advice on the matter, the Healthcare Commission wishes to reiterate that the technology of light heat energy (LHE) falls within the definition of intense pulsed light (IPL) as defined in private and voluntary healthcare (England) regulations 2001, part 1, regulation 3(1) (b). Therefore, an establishment which provides LHE treatment is registerable with the Healthcare Commission under the Care Standards Act 2000, as amended by the Health and Social Care (Community Health and Standards) Act 2003.

How much does registration cost?

More information about independent healthcare registration and regulatory fees

Healthcare providers