Commentary on Provisions
Final provisions
Section 21: Interpretation
53.Section 21 provides definitions of the key terms of “health care”, “forensic medical examination” and “patient”. The definition of “health care” mirrors other commonly used definitions of health care in the statute book and ties it to the “prevention, diagnosis or treatment of illness” therefore excluding purely cosmetic procedures and treatments from the Commissioner’s remit.
54.“
any investigation of the incident which gave rise to the need for the examination, or
any proceedings in relation to the incident.”
55.“
56.As forensic medical examinations under the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 are also included in the definition of health care in the Act, any person to whom a forensic medical examination is provided is also a patient.
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