News
NHS Constitution becomes law
19 January 2010
All NHS organisations are legally obliged to take account of
the rights and pledges set out in the NHS Constitution from today.
The NHS Constitution, published in January 2009, resulted from Lord
Darzi's review of the NHS, High Quality Care for All. It sets
out patients’ rights to NHS services and safeguards the NHS for the
future.
Among other things, it gives patients the legal rights to: access NHS
services; drugs and treatments approved by NICE; choice about where they
receive their care; be treated with dignity and respect.
Health Secretary Andy Burnham said: "One year ago, the NHS
Constitution came into being. This landmark document gives patients and
staff real power to know what they can expect and what they can demand –
demands that cannot go unchecked by the NHS from today.
"As the NHS continues to improve, so will its Constitution — we are
already proposing to lock in progress with new rights on waiting times
for elective treatments and cancer, and to make the NHS more
preventative by giving those most at risk the right to an NHS Health
Check every five years. As the NHS strives to move from good to great
and become more people-centred, all the improvements it makes can be
safeguarded for future generations."
The duty to have regard to the NHS Constitution was established in
the Health Act 2009 which set out that, from today, all NHS
organisations must have regard to all the rights and pledges in the NHS
Constitution when making decisions about the services they provide to
patients.
As well as patients, the Constitution also ensures that the NHS
provides a high-quality working environment for its 1.3 million staff.
It brings together their legal rights, and pledges to provide staff with
rewarding jobs that make a difference to patients and communities,
support and opportunities to maintain their own health and well-being
and the opportunity to give their view on decisions that affect them and
the services they provide.
Consultation on new patient rights
There is still, however, an ongoing consultation on new patient
rights. Launched on 10 November 2009, the consultation closes on 5
February 2010. The consultation proposes new patient rights to:
- treatment within a maximum of 18 weeks from a GP referral and to
be seen by a cancer specialist within 2 weeks from a GP referral, or
where this is not possible, for the NHS to take reasonable steps to
offer a range of alternative providers; and
- NHS Health Checks for those aged 40 to 74 to assess their risk
of heart disease, stroke, diabetes and kidney disease.
It also welcomes views on areas where the Department of Health
believes the NHS will soon be able to offer rights, such as dentistry,
evening and weekend access to GPs, personal health budgets, the ability
to choose to die at home and rapid access to diagnostic tests.
Further information
1. The NHS Constitution is available at:
www.dh.gov.uk/nhsconstitution
2. NHS Constitution: a consultation on new patient rights is
available till 5 Feb 2010 at:
www.dh.gov.uk/en/Consultations/Liveconsultations/DH_108012
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