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Patient Rights (Scotland) Act 2011

Current text a fecha 2012-10-01

Charter of Patient Rights and Responsibilities

Charter of Patient Rights and Responsibilities

1

Review and revision of Charter

2

Patient rights

Patient rights

3

Patient rights: further provision

4

Health care principles

Duty to uphold the health care principles

5

Health care principles

6

Health care principles: guidance and directions

7

Treatment time guarantee

Treatment time guarantee

8

Treatment time guarantee: further provision

9

Breach of the treatment time guarantee

10

Treatment time guarantee: guidance and directions

11

Treatment time guarantee: suspension

12

Treatment time guarantee: key terms

13

For the purposes of this section and sections 8 to 12—

Patient feedback, comments, concerns or complaints

Encouragement of patient feedback etc.

14

Arrangements for handling and responding to patient feedback etc.

15

Repeal of the Hospital Complaints Procedure Act 1985

16

The Hospital Complaints Procedure Act 1985 (c. 42) is repealed.

Patient advice and support service

Patient advice and support service: establishment and funding

17

(10ZA) (1) The Agency must secure the adequate provision of the patient advice and support service described in section 18 of the Patient Rights (Scotland) Act 2011 (asp 5) in relation to each relevant body. (2) In exercising its function under subsection (1), the Agency must have regard to the desirability of the service being provided— (a) in the most efficient and effective manner possible, and (b) in a manner which co-ordinates with the services of other providers of advice and support. (3) There may be more than one provider of the patient advice and support service. (4) The patient advice and support service is not to be provided by— (a) a Health Board, (b) a Special Health Board, (c) Healthcare Improvement Scotland, (d) the Agency. (5) Each relevant body must make to its provider of the patient advice and support service, in respect of the provider's expenses (as respects its activities relating to the service), payments of such amounts, and at such times, as the Scottish Ministers may direct. (6) For the purposes of this section, a “relevant body” is— (a) a Health Board, and (b) any other body that the Scottish Ministers may by order specify.

.

Patient advice and support service

18

as the Agency may specify.

Duties to share information

19

Protections and limitations

Protections and limitations

20

Inquiries and default and emergency powers

Powers of the Scottish Ministers

21

Payments to or in respect of certain persons infected with hepatitis C as a result of NHS treatment etc.: eligibility

Payments to or in respect of certain persons infected with hepatitis C as a result of NHS treatment etc.: eligibility

22

(c) dependants of persons mentioned in paragraph (a) or (b).

.

(2A) In subsection (1)(c), “dependant”, in relation to a person mentioned in subsection (1)(a) or (b) (the “infected person”), means— (a) a spouse or civil partner of the infected person; (b) a person living with the infected person as husband or wife or in a relationship which has the characteristics of the relationship between civil partners (or if the infected person was in hospital immediately before death, had been so living when the infected person was admitted to hospital); (c) such other persons as the scheme may specify; and the scheme may specify or elaborate the meaning of dependant for this purpose.

.

General

Interpretation

23

Ancillary provision

24

Orders, regulations and directions

25

unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by resolution of, the Parliament.

Short title and commencement

26

SCHEDULE

Patient focus

1

Anything done in relation to the patient takes into account the patient's needs.

2

Patients are treated with dignity and respect.

3

Privacy and confidentiality are respected.

4

Health care is provided in a caring and compassionate manner.

5

Support necessary to receive or access health care is available.

6

The patient's abilities, characteristics and circumstances are considered.

Quality care and treatment

7

Regard is had to the importance of providing the optimum benefit to the patient's health and wellbeing.

8

The range of options available in the patient's case is considered.

9

Health care is based on current recognised clinical guidance.

10

No avoidable harm or injury is to be caused to the patient by the health care provided.

11

Patients are cared for in an appropriate environment which is as clean and safe as is reasonably possible.

Patient participation

12

Patients participate as fully as possible in decisions relating to the patient's health and wellbeing.

13

Patients are provided with such information and support as is necessary to enable them to participate in accordance with paragraph 12 and in relation to any related processes (general or specific).

14

Patients are encouraged to treat any person involved in the delivery of health care with dignity and respect.

Communication

15

Communication about a patient's health and wellbeing is clear, accessible and understood.

16

Communication about general services and processes and decisions is clear, accessible and understood.

Complaints

17

Issues of concern are dealt with reasonably, promptly and in accordance with proper procedures.

Other

18

Waste of resources in the provision of health care is avoided.

Review and revision of Charter

Encouragement of patient feedback etc.

Duties to share information

Ancillary provision

Patient focus

Quality care and treatment

Patient participation

Communication

Complaints

Other

Editorial notes

[^key-c03cc04ae95afa52132d5e4042551628]: S. 17 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-3df1d91ff1480fe3807ae38532780ffb]: S. 21 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-12d5695b60691ae11ca75907b619b42b]: S. 16 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-4d3fe14e516a3b5575b3f30eedf3d6cb]: S. 1 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-d3688a5f0f656fe49c12586e13b242bf]: S. 7 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-454a5fef3c01bdd37bb20ee674dd7c5d]: S. 14 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-5320d8902c45c986905482a30627603d]: S. 23 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-e0b07af6f4143332b3275c76962ca50a]: S. 2 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-0bf1261af269f9e10d34846d5c60fcf2]: S. 3 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-d053c7298523d3cfca78f03a15ea3452]: S. 4 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-13d1707c3f643079f713f8ae04b9e640]: S. 5 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-dc288ac6fe2afa6b788ad7e0819ea2c4]: S. 6 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-25c8e398b6033f7354e83a47a3840631]: S. 15 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-bef8ea1e7f9cff518547fa31bd1558f1]: S. 18 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-373956ec781c55eafbbb05ea082116a1]: S. 19 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-8cfa8c0370ff6b923162bf53cc04dc7c]: S. 20 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-7a37e9ba83926c3036103b77570f12f9]: Sch. para. 1 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-9f29094c3d5442f5f7de17586129d62e]: Sch. para. 2 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-c8eff24a44856cedee20abb16a376eea]: Sch. para. 3 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-8bb31c8be027cc91d33cf77a404f7ed1]: Sch. para. 4 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-aec834e2c3d5c522353e44e888412370]: Sch. para. 5 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-d1ebca787989f709c573f21f71573ecb]: Sch. para. 6 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-5189202da57e0277bad27059ddb7ebf4]: Sch. para. 7 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-5b71a5746905389c2910acdab805c1dd]: Sch. para. 8 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-73fa78d00ba94433762af9154902a2cc]: Sch. para. 9 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-e5efaf3cf324729b4c1b088c6a3d196d]: Sch. para. 10 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-e711622ab5465da024980720d470a98b]: Sch. para. 11 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-55fb730c1a65e0ae7e7490352ac17446]: Sch. para. 12 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-b113841f6ab18b93e5203362225b341a]: Sch. para. 13 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-7c69e15228fb41efb54c706803b02586]: Sch. para. 14 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-3276979c01ec9bce6af1829e0c4a9ee4]: Sch. para. 15 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-d57fd2eeecaacfbb45a1af5a17be9600]: Sch. para. 16 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-3c9dc496a1ef370562a33a97c4cf41fd]: Sch. para. 17 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-3da8332156a561da4ae6b6b54a2928c3]: Sch. para. 18 in force at 1.4.2012 by S.S.I. 2012/35, art. 2(a)

[^key-34f200db1c32b486c8797d93e3df2028]: S. 8 in force at 1.10.2012 by S.S.I. 2012/35, art. 2(b)

[^key-3466a554adec0241dbc21e2ceda30e5e]: S. 13 in force at 1.10.2012 by S.S.I. 2012/35, art. 2(b)

[^key-3c6ec2ae264320646d3cce2447a63ef1]: S. 9 in force at 1.10.2012 by S.S.I. 2012/35, art. 2(b)

[^key-3859197a6a39f6abd24af56545c3b6e1]: S. 10 in force at 1.10.2012 by S.S.I. 2012/35, art. 2(b)

[^key-fd508fde80500f4e7a1afc668879b860]: S. 11 in force at 1.10.2012 by S.S.I. 2012/35, art. 2(b)

[^key-c90b04212f992520528e777929f5ca5f]: S. 12 in force at 1.10.2012 by S.S.I. 2012/35, art. 2(b)