Cross Border Healthcare & Patient Mobility: Public Consultation on Scotland's Transposition and Implementation of Directive 2011/24 EU on the Application of Patients' Rights in Cross-border Healthcare.

Article 10 - Mutual assistance and co-operation

14.1 This Article needs to be read (and transposed) in conjunction with Articles 4 & 6.

It requires Member States to co-operate on the implementation of the Directive: specifically on standards and guidelines on quality and safety, clarification of invoices and the exchange of information - particularly between National Contact Points. Clarifying bills, providing clear invoices and supporting information is likely to form a significant part of the NCP's responsibilities and is where the role of the NCP will bring potentially significant value.

14.2 The Member State of treatment must, on request from other authorities of other Member States, make information available about the right of health professionals to practice in their territory. This would require professional regulators to share the registration status of health professionals when requested through the existing Commission Internal Market Information (IMI) system. This is now obligatory for this Directive and all component authorities that would be exchanging such information should be using the IMI system.

14.3 While we believe the principles behind this requirement are sound, there are questions to be resolved about what (if any) information is exchanged where a treating practitioner is the subject of an investigation in another Member State, but at the time has not been charged or is not the subject disciplinary / court action etc. We welcome the views of respondents on this issue.

Consultation questions

• What information should be shared between competent authorities, and in what circumstances?