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Patient Rights (Scotland) Act 2011
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10Breach of the treatment time guarantee
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(1)This section applies where a Health Board has not complied with a treatment time guarantee.
(2)The Health Board must—
(a)make such arrangements as are necessary to ensure that the agreed treatment starts at the next available opportunity,
(b)provide an explanation to the patient as to why the treatment did not start within the maximum waiting time,
(c)give the patient details of—
(i)the advice and support available (including in particular the patient advice and support service described in section 18), and
(ii)how to give feedback or comments or raise concerns or complaints.
(3)In making the arrangements mentioned in subsection (2)(a), the Health Board—
(a)must not give priority to the start of any treatment where such prioritisation would, in the Health Board’s opinion, be detrimental to another patient with a greater clinical need for treatment,
(b)must have regard to the patient’s availability, and
(c)must have regard to other relevant factors.
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