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The preliminary date for the National Institute for Clinical Excellence (NICE) to issue guidance to the NHS on the clinical and cost effectiveness of trastuzumab (Herceptin) is March 2002. As with all NICE appraisals consultees have the right to appeal against these recommendations. If an appeal is lodged the timelines may be extended in order to consider the appeal. Details of the schedule are published on the institute's website at nice.org.uk.The Health Technology Board for Scotland (HTBS) will consult with experts to determine if there are any important differences to be considered in Scotland. HTBS will then issue authoritative guidance for NHSScotland in the form of an HTBS Comment, six to 10 weeks after NICE publishes its guidance.

The total number of out-patients waiting for an out-patient appointment at the Scottish National Sleep Centre at the Royal Infirmary of Edinburgh, from all health boards, is approximately 1,000. The number of Continuous Positive Airway Pressure (CPAP) assessments carried out each month, involving overnight studies, is approximately 50. Not all patients whose cases are studied in this way are assessed as suitable for CPAP treatment. Funding by NHS Lothian in 2000-01 for the service was £172,000. In 2001-02 this was increased by £109,000, following the review of the service in June 2001. Final details of next year's funding have not yet been agreed. In addition, the National Sleep Centre receives substantial funding from a number of other NHS boards.

Of existing plans, 27 of the 32 councils include brain injury as a separate section. Plans for the 2001-04 period are presently being reviewed and, of 16 received to date, 12 include a separate section.

The Scottish Health Plan, Our National Health: A plan for action, a plan for change, reinforces the requirement of NHSScotland to meet the specific needs of people with physical disability by giving a commitment to "improve physical access to health services, meetings and offices, by carrying out an accessibility audit of all NHS premises". This commitment is consistent with the legal obligations which require NHS bodies to comply with the statutory requirements of section 21: Access to Goods and Services, of the Disability Discrimination Act 1995 (DDA). The provisions of section 21 are being phased in over the period October 1999 to December 2004.To assist NHS Holding Bodies the Scottish Executive Health Department (SEHD) and the NHSScotland Property and Environment Forum have issued comprehensive guidance on both compliance with section 21 of the DDA and on accessibility audits. Responsibility for implementing measures to ensure compliance with these legal obligations rests with NHS Holding Bodies, e.g. NHS trusts, and to inform the process accessibility audits are currently on-going.Having issued this guidance SEHD and the NHSScotland Property and Environment Forum are considering what monitoring mechanisms need to be put in place to assess the progress of compliance. It is anticipated that appropriate monitoring arrangements will be in place in the near future.

I launched the Staff Governance Standard on 25 January at the Scottish Partnership Conference. A copy of the Standard is available on the Health Department website.

Cancer in Scotland: Action for Change was published in July 2001. The Framework for Mental Health Services in Scotland was issued in September 1997 and has subsequently been updated. The Executive established a CHD/Stroke Task Force which reported in September 2001. Following consultation, which is now complete, the strategy for Coronary Heart Disease and Stroke is expected to be ready for publication this spring.

A Framework for Maternity Services in Scotland, published in 2001, requires NHS Boards to provide parent education programmes and support to parents as part of their maternity strategies. The Scottish Executive is currently conducting an audit of these strategies against the principles laid out in the framework. The Health Education Board for Scotland, the Scottish Executive Health Department and the Royal College of Midwives held a stakeholder event in November 2001 to review approaches to antenatal and parent education with midwives, health visitors and parents. A follow up event is planned in March.

A Short Life Working Group has prepared draft guidance on domestic abuse for all health care workers. This guidance explains the nature and prevalence of domestic abuse and its effects on health. It identifies the signs which may suggest abuse, establishes the principles which should inform practice and gives guidance on appropriate support and advice. The Short Life Working Group is currently consulting widely on the draft document, which is expected to be published in April 2002.

The Executive is committed to achieving a ban on tobacco advertising and promotion in Scotland which is both effective and enforceable. We do not rule out Scottish legislation at some point, but consider that UK wide action would enable a much more comprehensive ban to be delivered. The UK Government is committed to legislate to effect a ban during the lifetime of the current Westminster Parliament and we have been pressing hard and consistently for this to be done as soon as possible. We are following with interest the progress in the House of Lords of the Lord Clement-Jones Bill to ban tobacco advertising and promotion.

We are currently seeking this information from NHS trusts and will reply to the member as soon as possible.