s 12IR HIS: monitoring and development of staffing tools
(1) HIS must— (a) monitor the effectiveness of any staffing level tool or professional judgement tool which has been prescribed by the Scottish Ministers under section 12IJ(3) (including any new or revised tools which have been developed under this section), and (b) where it considers that any such tool is no longer effective, recommend the revocation or replacement of the tool to the Scottish Ministers. (2) HIS may develop and recommend to the Scottish Ministers new or revised staffing level tools and professional judgement tools for use in relation to any kind of health care provision. (3) In developing such tools, HIS must collaborate with— (a) the Scottish Ministers, (b) Social Care and Social Work Improvement Scotland, (c) every Health Board, (d) every relevant Special Health Board, (e) every integration authority, (f) the Agency, (g) such trade unions and professional bodies as HIS considers to be representative of employees of the persons mentioned in paragraphs (c) to (f), (h) such professional regulatory bodies for employees of the persons mentioned in paragraphs (c) to (f) as HIS considers appropriate, (i) such other providers of health care as HIS considers to have relevant experience of using staffing level tools and professional judgement tools, and (j) such other persons as HIS considers appropriate. (4) In undertaking such collaboration— (a) HIS must have regard to— (i) such guidance, published by professional bodies of the kind described in subsection (3)(g) or by other bodies with experience in relevant fields, as HIS considers appropriate, and (ii) relevant clinical evidence and research, (b) HIS and the persons mentioned in subsection (3)(a) to (j) must have regard to the guiding principles for health and care staffing set out in section 1 of the Health and Care (Staffing) (Scotland) Act 2019. (5) The Scottish Ministers may direct HIS to develop a new or revised staffing level tool or professional judgement tool for use in relation to a particular kind of health care provision specified in the direction. (6) The Scottish Ministers may by regulations require that assumptions on certain matters (for example, as to staff absence and bed occupancy levels) must be made by HIS in the process of making a recommendation to them under subsection (2).