SCHEDULE 1CONTENT OF AGREEMENTS

PART 2PATIENTS

Patient preference of practitioner

9.

(1)

Where the provider has accepted a person as a patient the provider must—

(a)

subject to sub-paragraph (3), notify the patient of the patient’s rights to express a preference to receive services from a particular performer or class of performer either generally or in relation to any particular condition; and

(b)

record in writing any such preference expressed by or on behalf of the patient.

(2)

The provider must endeavour to comply with any preference expressed under sub paragraph (1) but need not do so if the preferred performer—

(a)

has reasonable grounds for refusing to provide services to the patient; or

(b)

does not routinely perform the service in question within the practice.

(3)

Where the patient is—

(a)

a child, the provider may notify—

(i)

a parent, guardian, or other adult person who has care of the child;

(ii)

a person duly authorised by a local authority, where the child is in the care of the local authority under the Children (Scotland) Act 199570; or

(iii)

a person duly authorised by a voluntary organisation, by which the child is being accommodated under the provisions of that Act;

(b)

an adult person who is incapable of expressing such a preference or authorising such a preference to be made on their behalf, the provider may notify the primary carer of that person or a person authorised under the Adults with Incapacity (Scotland) Act 200071 to act on the patient’s behalf,

of the right to express a preference for the patient to receive services from a particular performer or class of performer either generally or in relation to any particular condition.