Legal aspect of infection control

25.6.22

The law underpinning the infection control practice in the UK is the Health and Social Care Act 2008.

It is the Code of Practice for the healthcare organisations on the Prevention and Control of Healthcare-Associated Infections. As per the code of practice, healthcare organisations including NHS trusts have a duty of care to patients, Employees, (that is, healthcare workers) and the public, protecting them from healthcare associated infection.

We will divide it into groups to help in remembering them.

Environment and premises

1. Provide and maintain a clean and appropriate environment which facilitates the prevention and control of HCAI.

2. Have in place and operate effective management systems for the prevention and control of HCAI which are informed by risk assessments and analysis of infection incidents.

3. Have and adhere to appropriate policies and protocols for the prevention and control of HCAI.

4. Secure adequate access to laboratory support.

5. Provide or secure adequate isolation facilities

Information group

6. Provide suitable accurate information on infections to service users and their relatives.

7. Provide suitable accurate information on infections to any person concerned with providing further support or nursing / medical care in a timely fashion.

Staff education and involvement

8. Ensure that all staff and those employed to provide care in all settings are fully involved in the process of preventing and controlling infection.

9. Ensure, so far as is reasonably practicable, that healthcare workers are free of and are protected from exposure to communicable infections during the course of their work, and that all staff are suitably educated in the prevention and control of HCAI.

Identification, treatment and control of infection

10. Ensure that people who have or develop an infection are identified promptly and receive the appropriate treatment and care to reduce the risk of passing on the infection to other people.

Organisations like NHS trusts use various policies, audits, monitoring, surveillance, and educational method to provide these services. Various departments like estates, PALS, and occupational health works closely with the infection control team under the leadership of the director of infection prevention and control.

The healthcare organisations are supported and assessed by the Care Quality Commission (CQC)

CQC is an independent regulator who can carry out announced or unannounced visits and take action if the standard of care is not met.

They can issue warning notices, restrict/suspend/cancel service, stop admission, issue fixed penalties or prosecute the healthcare providers.

Infection control is a legal requirement..