To ask the Scottish Executive what rights patients have to access medicines approved by the Scottish Medicines Consortium and whether any rights will be embodied in the Patient Rights (Scotland) Bill.
The Scottish Medicines Consortium (SMC) assesses newly licensed medicines for clinical and cost-effectiveness and provides advice to NHS Boards. Where the SMC has accepted a newly licensed medicine, NHS boards are expected to make it (or its equivalent) available in accordance with the clinical needs of patients.
The majority of medicines reviewed by the SMC are medicines for conditions where alternative treatments already exist. Whilst NHS boards are expected to follow SMC advice, the implementation of these SMC accepted medicines is subject to local NHS board decision.
There is the facility for the SMC to designate an innovative medicine for a condition where there are no other treatment options as unique. In the event that a unique medicine was accepted by SMC, NHS boards would be required to introduce it to an agreed national programme.
Guidance setting out the policy framework with regard to the introduction and availability of newly licensed medicines in the NHS in Scotland was issued to NHS boards on 17 May 2010. A link to the guidance is attached:
http://www.sehd.scot.nhs.uk/mels/CEL2010_17.pdf.
The Patients Rights Bill will not embody a right to access a certain treatment or medicine. The bill deals with general principles about how healthcare should be delivered. It does not give rights to specific treatments or medicines, or for specific conditions.