The Act: Section by Section Section 10: Trauma-informed care
43.The schedule of the Patient Rights (Scotland) Act 2011 (“the 2011 Act”) sets out a number of health care principles. Under section 5(1) of that Act, health boards must uphold those principles in performing their health service functions (in so far as each principle is relevant to the function being performed). This Act’s schedule makes a number of amendments to that Act, including amendments which ensure that those health care principles also apply (as appropriate) in relation to the exercise of functions under the Act (see paragraph 68 below).
44.Section 10 adds a further health care principle to the schedule of the 2011 Act. The new principle applies only in relation to the exercise of functions under this Act. The effect of the new principle is that, in exercising functions under this Act (for example, in carrying out forensic medical examinations under the Act, and in any subsequent dealings with the victim (for example, if the victim makes a request for evidence to be destroyed under section 8)), the health board must have regard to the importance of providing care in a way that seeks to avoid re-traumatisation and is otherwise trauma-informed.