Commentary on provisions of Act Section 2: Database of innovative treatments
Subsection (1) gives the Secretary of State a power to make regulations conferring functions on the HSCIC in connection with the establishment, maintenance and operation of a database. The database will contain information about innovative medical treatments carried out by doctors in England, and the results of those treatments. Before making regulations the Secretary of State must consult the HSCIC (subsection (6)).
	Subsection (2) provides that "innovative medical treatment" means medical treatment for a condition that involves a departure from the existing range of accepted medical treatments for the condition. This will include the use of medicines and medical devices in innovative ways, and would include treatments where only part of the treatment is innovative.
	Subsection (3)(a) provides that the regulations can confer on the HSCIC the power to make provision about the information to be recorded in the database and procedures relating to how it is recorded.
	Subsections (3)(b) and (4) provide that the regulations can make provision about access to information recorded in the database, including provision requiring or authorising the HSCIC to disclose information, and to impose conditions on those to whom information is disclosed. It is intended that the regulations will make provision for other doctors to access information recorded in the database for the purpose of sharing knowledge about innovative medical treatments and encouraging learning.
	Subsection (8) provides that the regulations are subject to the negative resolution procedure.
	Information about treatments will only be able to be disclosed where this is in accordance with the law, in particular the common law duty of confidentiality and the Data Protection Act 1998.