SP Bill 48 Session 6 (2024) 2 Right to Addiction Recovery (Scotland) Bill 2 Procedure for determining treatment (1) In making a treatment determination, a relevant health professional must ensure that— (a) they explain to the patient each of the treatment options listed in section 1(5) and the suitability of each to the patient’s needs, 5 (b) the patient is allowed and encouraged to participate as fully as possible in the treatment determination including by being able to give feedback, provide comments and raise concerns, (c) the patient is provided with such information and support as is necessary to enable them to participate in accordance with paragraph (b) and in relation to any related 10 processes, 1 (d) the treatment determination is made following a meeting in person between the relevant health professional and the patient, (e) the treatment determination takes into account the patient’s needs, and (f) the treatment determination is made with regard to the importance of providing 15 the optimum benefit to the patient’s health and wellbeing. (2) The patient may request one or more of the treatments listed in section 1(5) and the relevant health professional must consider the appropriateness of any such treatment requested by the patient in making the treatment determination. (3) Where the relevant health professional determines either that no treatment is appropriate 20 or that a treatment requested by the patient is not appropriate for the patient— (a) the relevant health professional must provide the patient with a written statement of reasons for that decision in a form prescribed by the Scottish Ministers in a code of practice under section 6, and (b) the patient has the right to consult another relevant health professional who must 25 make their own treatment determination following the procedure set out in subsection (1). (4) A written statement of reasons under subsection (3)(a) must include an explanation of— (a) the patient’s right to consult a second relevant health professional as provided by subsection (3)(b), and 30 (b) the procedure for consulting a second relevant health professional. (5) A relevant health professional consulted by a patient under subsection (3)(b) must make a treatment determination in accordance with this section save that subsections (3)(b) and (4) do not apply to that treatment determination. 3 Provision of treatment 35 (1) The treatment described in section 1(3) is to be made available to the patient as soon as reasonably practicable and in any event no later than 3 weeks after the treatment determination is made. (2) A treatment described in section 1(3) may not be refused to a patient on the basis of any matter, other than an assessment by a relevant health professional of the best interests 40 of the patient, including— (a) the cost of the treatment, (b) any medical history of misuse of alcohol or other substances, 3 Right to Addiction Recovery (Scotland) Bill (c) any criminal record involving misuse of alcohol or other substances, (d) any other matter concerning any involvement by the patient in the criminal justice system, (e) any ongoing misuse of alcohol or other substances, 5 (f) any medical history of mental illness, (g) any existing prescription for opioid replacement, or (h) the patient being in receipt of substitute prescribing services, regardless of the volume of prescription. (3) The Scottish Ministers may by regulations add to the matters listed in subsection (2). 10 Duties of Scottish Ministers 1 4 Duty to secure delivery (1) The Scottish Ministers must secure the delivery of the rights conferred by this Act. (2) Within 2 months of this section coming into force, the Scottish Ministers must lay draft regulations before the Parliament setting out the arrangements that are in place, or are 15 to be put in place, by the Scottish Ministers to ensure that they comply with the duty under subsection (1). (3) Draft regulations under subsection (2) may, in particular, make provision in connection with conferring functions on the following bodies— (a) a Health Board, 20 (b) a Special Health Board, (c) the Agency, (d) a local authority, (e) an integration joint board. 5 Duty to report to Parliament 25 (1) As soon as practicable after the end of each reporting period, the Scottish Ministers must— (a) publish, and (b) lay before the Scottish Parliament, a report setting out progress made in the reporting period towards achieving the provision 30 of the treatments described in section 1 to patients in accordance with this Act. (2) A report prepared under subsection (1) must— (a) set out how any powers conferred by the provisions of this Act have been exercised, (b) set out the steps the Scottish Ministers have taken to meet the requirements in 35 this Act, and (c) specify in respect of each Health Board area— (i) the number of patients in the Health Board’s area, 4 Right to Addiction Recovery (Scotland) Bill (ii) the number of patients in respect of whom a treatment determination has been made, by reference to the type of treatment specified in the treatment determination, (iii) the number of patients receiving the treatment specified in the treatment 5 determination made in respect of them, by reference to the type of treatment specified in the treatment determination, (iv) the number of patients who have made themselves available for but are not receiving the treatment specified in the treatment determination made in respect of them, by reference to the type of treatment specified in the 10 treatment determination, 1 (v...