The National Health Service (General Medical Services Supplementary Lists) (Scotland) Regulations 2003

Acceptance of fees

11.—(1) A practitioner shall not demand or accept any fee, remuneration or charge, other than payments due to the practitioner’s principal under the 1995 Regulations, or any charge payable in accordance with the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001, in respect of any treatment rendered or any drug or appliance supplied, whether under these terms of service or not, to a patient except–

(a) from any statutory body for services rendered for the purpose of that body’s statutory functions;

(b) from any school, employer or body for the medical examination of persons for whose welfare that school, employer or body is responsible, such examination being either a routine medical examination or for the purpose of advising the school, employer or body of any administrative action they might take;

(c) for treatment not included within the range of service defined in paragraph 4 given–

(i) pursuant to the provisions of section 57 of the Act(1) (accommodation and services for private patients), or

(ii) in a registered nursing home which is not providing services under the Act,

if in either case the practitioner is serving on the staff of a hospital providing services under the Act as a specialist providing treatment of the kind required by the patient and if within 7 days after the date on which the treatment is given the practitioner gives the Board, on a form to be supplied by it for the purpose, such information about the treatment as it may require;

(d) under section 158 of the Road Traffic Act 1988(2);

(e) from a dental practitioner in respect of the provision of an anaesthetic for a person for whom the dental practitioner is providing general dental services;

(f) from the principal or other member of the principal’s practice in respect of the provision of an anaesthetic to a patient of theirs;

(g) for attending and examining (but not otherwise treating) at a patient’s request at a police station;

(h) for treatment consisting of an immunisation in connection with travel abroad when no fee is payable by the Board under the Statement referred to in regulation 35(1) of the 1995 Regulations;

(i) for circumcising a patient for whom such an operation is requested on religious grounds and is not needed on any medical ground;

(j) for providing a prescription (other than by way of an order under paragraph 9) for drugs for chemoprophylaxis or for medicine for a patient who intends to take the medicine abroad in circumstances where the medicine is required solely in respect of an ailment that might occur while the patient is abroad and that will then,

(i) be occurring for the first time; or

(ii) has previously occurred but from which the patient is not suffering at the time of going abroad;

(k) for a medical examination to enable a decision to be made whether or not it is inadvisable on medical grounds for a person to wear a seat belt;

(l) where the principal has been required by the Board to supply any drugs and appliances for a patient under regulation 34 of the 1995 Regulations and the practitioner supplies for that patient in accordance with paragraph 6(3)(c) any scheduled drug;

(m) where the person is not one to whom any of paragraphs (a), (b) and (c) of section 26(1) of the Act(3) applies, including any person to whom any of those paragraphs does not apply by virtue of regulations made under section 26(1E) of the Act(4), for testing the sight of that person; and

(n) for prescribing or providing drugs for malaria chemoprophylaxis.

(2) In this paragraph, the expression “treatment” includes the provision of medical services during and following pregnancy and labour in respect of conditions arising therefrom.

(1)

Section 57 was substituted by the Health and Medicines Act 1988 (c. 49), section 7(11) and amended by the National Health Service and Community Care Act 1990 (c. 19) Schedule 9, part 19(10) and Schedule 10.

(2)

1998 c. 52.

(3)

Section 26 was amended by the Health and Social Security Act 1984 (c. 48) Schedules 1 and 8 and by the Health and Medicines Act 1988 (c. 49) section 13(4).

(4)

Section 26(1E) was inserted by the Health and Medicines Act 1988 (c. 49) section 13(4).