Information for service providers: independent clinics

This page specifies the amendment to the definition of an independent clinic. The definition now includes registered pharmacists and registered pharmacy technicians.

Background

Pharmacists and pharmacy technicians are now included in the definition of an independent clinic. This change took place on 19 June 2024.  

There will be a 12-month transition period for pharmacists and pharmacy technicians to register with us. It becomes an offence to provide an unregistered independent clinic provided by a registered pharmacist or registered pharmacy technician on 19 June 2025.  

Who is being regulated?

Independent clinics are defined in the National Health Service (Scotland) Act 1978 as:

“a clinic which is not comprised in a hospital and in or from which services are provided by a medical practitioner, dental practitioner, registered nurse, registered midwife, registered pharmacist, registered pharmacy technician or dental care professional”.   

The term ‘service’ includes consultations, investigations and treatments. 

Exemptions from regulation

There are a number of exemptions that exist in the National Health Service (Scotland) Act 1978 for Independent Clinics. These services do not require to register as an independent clinic.   

The complete list of exemptions can be found at National Health Service (Scotland) Act 1978 (legislation.gov.uk)

Check if you need to register

We have used a pharmacist or pharmacy technician to illustrate the example, as these are now being added to the definition of an independent clinic.

The definition of an independent clinic includes the following healthcare professionals:

  • medical practitioner
  • dental practitioner
  • registered nurse
  • registered midwife
  • dental care professional (clinical dental technician, dental hygienist, dental nurse, dental technician, dental therapist, orthodontic therapist)
  • registered pharmacist
  • registered pharmacy technician 

You should insert the relevant type of healthcare professional from the list included in the definition for your circumstances.

Please ensure you read the list of exemptions above with each example, as the following are examples only and do not cover every scenario.

Non-urgent advice: Scenario 1

I am a pharmacist/pharmacy technician providing face-to-face NHS services in a General Pharmaceutical Council (GPhC) registered pharmacy. Do I need to register my service with HIS?
 
This is not an independent clinic. You do not require to register with HIS as the pharmacy and any services delivered from the premises is registered with the GPhC.   

Non-urgent advice: Scenario 2

I am a pharmacist/pharmacy technician providing face-to-face private services and treatments to patients, based in a GPhC registered pharmacy. Do I need to register my service with HIS?

This is not an independent clinic. You do not require to register with HIS as the pharmacy and any services delivered from the premises is registered and regulated by the GPhC. 

Non-urgent advice: Scenario 3

I am a pharmacist/pharmacy technician providing face-to-face NHS services in an NHS GP practice. I have a practicing privileges contract in place with the practice. Do I need to register my service with HIS?

This is not an independent clinic. You do not require to register with HIS as the service you are providing is for NHSScotland.

Non-urgent advice: Scenario 4

I am a pharmacist providing face-to-face private services based from an NHS GP practice. I have a practicing privileges contract in place with the practice. Do I need to register my service with HIS?

This is not an independent clinic. You do not require to register with HIS as the NHS GP practice you have practicing privileges with is the provider of the service. If they have a GMS or PMS contract with the local health board, the services does not need to register with HIS.

Non-urgent advice: Scenario 5

I am a pharmacist providing face-to-face private services based from an NHS GP practice. I have a contract in place to rent a room and remain self-employed. Do I need to register my service with HIS?

This is an independent clinic. You require to register with HIS as you are the provider of the service and a separate legal entity from the NHS GP practice.

Non-urgent advice: Scenario 6

I am a pharmacist providing face-to-face private services based from a wholly private GP practice. I have practicing privileges contract in place with the practice. Do I need to register my service with HIS?
 
This is not an independent clinic. You do not require to register with HIS as the private GP practice you are working in must already be registered with HIS.

Non-urgent advice: Scenario 7

I am a pharmacist/pharmacy technician providing face-to-face private services based from a wholly private GP practice. I have a contract in place to rent a room and remain self-employed. Do I need to register my service with HIS?

This is an independent clinic. As you are the provider of the service and a separate legal entity from the private GP practice you are working from, the service will need to register with HIS.

Non-urgent advice: Scenario 8

I am a pharmacist providing face-to-face private services based from an NHS dental practice. I have a practicing privileges contract in place with the practice. Do I need to register my service with HIS?

You may meet the definition of an independent clinic. You may be required to register with HIS. This depends on the particular arrangements that you have in place with the NHS dental practice. Please contact the independent health care team to discuss your individual circumstances.

Non-urgent advice: Scenario 9

I am a pharmacist providing face-to-face private services based from an NHS dental practice. I have a contract in place to rent a room and remain self-employed. Do I need to register my service with HIS? 

This is an independent clinic. You require to register with HIS as you are the provider of the service and a separate legal entity from the dental practice you are working from. 

Non-urgent advice: Scenario 10

I am a pharmacist providing face-to-face private services based from a wholly private dental practice. I have a practicing privileges contract in place with the practice. Do I need to register my service with HIS? 

This is not an independent clinic. You do not require to register with HIS as the private dental practice that you are working in must already be registered with HIS.

Non-urgent advice: Scenario 11

I am a pharmacist providing face-to-face private services based from a wholly private dental practice. I have a contract in place to rent a room and remain self-employed. Do I need to register my service with HIS?  

This is an independent clinic. You require to register with HIS, as you are the provider of the service and a separate legal entity from the dental practice you are working from, the service will need to register with HIS. 

Non-urgent advice: Scenario 12

I am a pharmacist providing face to face private services based in a HIS registered service. I have a practicing privileges contract in place with the service. Do I need to register my service with HIS?  

This is not an independent clinic. You do not require to register with HIS. The provider of the service you are working in has already registered with HIS and you do not need to register the service separately.   

Non-urgent advice: Scenario 13

I am a pharmacist providing face-to-face private services based in a HIS registered service. I have a room rental agreement in place to work in the service and remain self-employed. Do I need to register my service with HIS?  

This is an independent clinic. As you are the provider of the service and a separate legal entity from the registered service you are working from, your service will need to register separately with HIS. 

Non-urgent advice: Scenario 14

I am a pharmacist/pharmacy technician providing face-to-face private service (which includes travel vaccines under a patient group directive for pharmacy technicians) based in a service that is not registered by Healthcare Improvement Scotland because I am currently the only healthcare professional that is working there. Do I need to register my service with HIS?  

This is an independent clinic. Either your service or the provider of the service you are working in will need to register with us. Please contact the independent health care team to discuss your circumstances.   

Next steps

If you still have questions on your registration, contact the independent health care team. Email us at his.ihcregulation@nhs.scot

If need to register your service, visit our website.

Our current registration timescales are approximately three months. These timescales are based on applications being entirely complete at the time of submission. An application is considered complete where all parts of the application have been submitted. This includes:

  • application form
  • supporting documents
  • policies and procedures

Applications that are incomplete may be refused. Registration fees are non-refundable.

We cannot provide support to service providers to assist with making an application to register.