PATIENT RIGHTS (SCOTLAND) ACT 
2011
The Patient Rights (Scotland) Act 2011 was passed by the Parliament on 24 February 2011, and gained Royal Assent on 31 March 2011.
The Act aims to improve patients' experiences of using health services and to support people to become more involved in their health and health care. It will help the Scottish Government's aspiration for an NHS which respects the rights of both patients and staff.
Consultation on Secondary Legislation
The consultation on the secondary legislation in relation to the Patient Rights (Scotland) Act 2011 closed on 14 October 2011. The report on the analysis of consultation responses can be viewed here, and the Scottish Government's response can be viewed here.
You can read the consultation responses here, and in the Scottish Government Library. If you wish to access the consultation document, you can do so here.
What will the Act do?
Charter of Patient Rights and Responsibilities
The Act places a duty on Scottish Ministers to publish a Charter of Patient Rights and Responsibilities. This document will bring together, in one place, a summary of the rights and responsibilities that patients have when using NHS services.
The Charter will have to be updated at least once every five years.
The Scottish Government will consult those with an interest in the Charter as to its format and what should be included within it in due course.
Patients' individual needs and circumstances will be considered
The Act gives all patients the right that the health care they receive should:
- consider their needs;
- consider what would be of optimum benefit to them;
- encourage them to take part in decisions about their health and wellbeing, and provide information and support for them to do so; and
Patients also have a right to give feedback (both positive and negative) or comments, or raise concerns or complaints about the health care they have received.
People who provide NHS health care (such as doctors, nurses, dentists) must take into account a set of Healthcare Principles when providing services. The Principles are written in a schedule to the Patient Rights (Scotland) Act 2011. These Principles cover patient focus, quality care and treatment, patient participation, communication, complaints and waste.
12 Week Treatment Time Guarantee
This means that eligible patients who are receiving planned treatment provided on an inpatient or day-case basis will not wait longer than 12 weeks from the date that the treatment is agreed to the start of that treatment. Some examples of this could include hip or knee replacements, hernias, or cataracts.
Right to Give Feedback or Comments, or Raise Concerns or Complaints
Patients will have the right to give feedback or comments, or raise concerns or complaints on health care services. The Act also requires that Health Boards encourage patients to provide feedback, comments, and raise concerns or complaints, and that Boards publicise their complaints process. Complaints must be monitored by Health Boards, so that they can learn from the issues raised and improve their services.
Patient Advice and Support Service (PASS)
The Act establishes a Patient Advice and Support Service (PASS). PASS will provide information and help patients and members of the public to know and understand their rights and responsibilities when using health services. PASS will also be able to help and support patients to give feedback about their healthcare.
Where necessary, PASS will direct people to other types of support, such as advocacy or communication support services.
Contaminated Blood
The Smoking, Health and Social Care (Scotland) Act 2005 set up a scheme which allowed ex-gratia payments to be made to, or in respect of, people who had been infected with hepatitis C through NHS treatment. This scheme is called The Skipton Fund.
An amendment to the Smoking, Health and Social Care (Scotland) Act 2005, made through the Patient Rights (Scotland) Act 2011, gives Scottish Ministers the power, if they wish to do so, to widen the eligibility criteria for those making a claim from the Skipton Fund.