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The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004

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  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 PROVIDERS

    1. 3.General conditions relating to providers

    2. 4.Reasons

    3. 5.Appeal

    4. 6.Prescribed period under section 17D(3) of the Act

  4. PART 3 PRE-AGREEMENT DISPUTE RESOLUTION

    1. 7.Pre-agreement dispute resolution

  5. PART 4 HEALTH SERVICE BODY STATUS

    1. 8.Health service body status

  6. PART 5 PROVISION OF PRIMARY MEDICAL SERVICES

    1. 9.Provision of primary medical services

    2. 10.Primary medical services and content of agreements

    3. 11.Essential services and content of agreements

    4. 12.Additional services and content of agreements

    5. 13.Out of hours services and content of agreements

  7. PART 6 CONTENT OF AGREEMENTS

    1. 14.Parties to the agreement

    2. 15.NHS contracts

    3. 16.Agreements with one or more partnerships

    4. 17.Arrangements on termination

    5. 18.Services generally

    6. 19.Certificates

    7. 20.Finance

    8. 21.Finance

    9. 22.Fees and charges

  8. PART 7 FUNCTIONS OF AREA MEDICAL COMMITTEE

    1. 23.Functions of area medical committee

  9. PART 8 RIGHT TO A GENERAL MEDICAL SERVICES CONTRACT

    1. 24.Right to a general medical services contract

  10. PART 9 TRANSITIONAL PROVISIONS

    1. 25.Commencement

    2. 26.Out of hours services

    3. 27.Revocation

  11. Signature

    1. SCHEDULE 1

      CONTENT OF AGREEMENTS

      1. PART 1 PROVISION OF SERVICES

        1. 1.Premises

        2. 2.Attendance outside practice premises

        3. 3.Clinical reports

        4. 4.Storage of vaccines

        5. 5.Infection control

        6. 6.Duty of co-operation in relation to primary medical services

        7. 7.Duty of co-operation in relation to primary medical services

      2. PART 2 PATIENTS

        1. 8.Patient preference of practitioner

        2. 9.Termination of responsibility for patients not registered with the provider

      3. PART 3 PRESCRIBING AND DISPENSING

        1. 10.Prescribing

        2. 11.Prescribing

        3. 12.Restrictions on prescribing by medical practitioners

        4. 13.Restrictions on prescribing by supplementary prescribers

        5. 14.Excessive prescribing

        6. 15.Provision of dispensing services

        7. 16.Provision of drugs, medicines and appliances for immediate treatment or personal administration

      4. PART 4 PERSONS WHO PERFORM SERVICES

        1. 17.Qualifications of performers

        2. 18.Qualifications of performers

        3. 19.Qualifications of performers

        4. 20.Qualifications of performers

        5. 21.Conditions for employment and engagement

        6. 22.Conditions for employment and engagement

        7. 23.Conditions for employment and engagement

        8. 24.Conditions for employment and engagement

        9. 25.Training

        10. 26.Training

        11. 27.Arrangements for GP registrars

        12. 28.Independent nurse prescribers and supplementary prescribers

        13. 29.Signing of documents

        14. 30.Level of skill

        15. 31.Appraisal and assessment

        16. 32.Sub-contracting of clinical matters

      5. PART 5 RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY

        1. 33.Patient records

        2. 34.Confidentiality of personal data

        3. 35.Practice leaflet

        4. 36.Provision of information

        5. 37.Inquiries about prescriptions and referrals

        6. 38.Reports to a medical officer

        7. 39.Annual return and review

        8. 40.Notifications to the Health Board

        9. 41.Notifications to the Health Board

        10. 42.Notice provisions specific to agreements with one or more companies limited by shares

        11. 43.Notice provisions specific to an agreement with one or more partnerships

        12. 44.Notification of deaths

        13. 45.Notifications to patients following variation of the agreement

        14. 46.Entry and inspection by the Health Board

      6. PART 6 COMPLAINTS

        1. 47.Complaints procedure

        2. 48.Making a complaint

        3. 49.Making a complaint

        4. 50.Period for making complaints

        5. 51.Further requirements for complaints procedures

        6. 52.Co-operation with investigations

        7. 53.Provision of information about complaints

      7. PART 7 DISPUTE RESOLUTION

        1. 54.Local resolution of contract disputes

        2. 55.Dispute resolution: non-NHS contracts

        3. 56.NHS dispute resolution procedure

        4. 57.Determination of dispute

        5. 58.Interpretation of Part 7

      8. PART 8 VARIATION AND TERMINATION OF AGREEMENTS

        1. 59.Variation of an agreement: general

        2. 60.Termination by agreement

        3. 61.Termination by the provider

        4. 62.Withdrawal by parties to an agreement other than Health Boards

        5. 63.Late payment notices

        6. 64.Termination by the Health Board: general

        7. 65.Termination by the Health Board for the provision of untrue etc information

        8. 66.Other grounds for termination by the Health Board

        9. 67.Other grounds for termination by the Health Board

        10. 68.Termination by the Health Board: remedial notices and breach notices

        11. 69.Termination by the Health Board: additional provisions specific to agreements with one or more companies limited by shares

        12. 70.Termination by the Health Board: changes in the provider

        13. 71.Agreement sanctions

        14. 72.Agreement sanctions and the dispute resolution procedure

        15. 73.Termination and the NHS dispute resolution procedure

        16. 74.Consultation with the area medical committee

      9. PART 9 MISCELLANEOUS

        1. 75.Clinical governance

        2. 76.Insurance

        3. 77.Insurance

        4. 78.Gifts

        5. 79.Compliance with legislation and guidance

        6. 80.Third party rights

    2. SCHEDULE 2

      AGREEMENTS TO PROVIDE ESSENTIAL SERVICES

      1. PART 1 PROVISION OF ESSENTIAL SERVICES

        1. 1.Essential services

        2. 2.Essential services

        3. 3.Attendance at practice premises

        4. 4.Newly registered patients

        5. 5.Patients not seen within 3 years

        6. 6.Patients aged 75 years and over

        7. 7.Fees and charges for essential services

      2. PART 2 LIST OF PATIENTS

        1. 8.List of patients

        2. 9.Application for inclusion in a list of patients

        3. 10.Temporary residents

        4. 11.Refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident

        5. 12.Removal from the list at the request of the patient

        6. 13.Removal from the list at the request of the provider

        7. 14.Removal from the list of patients who are violent

        8. 15.Removals from the list of patients registered elsewhere

        9. 16.Removals from list of patients who have moved

        10. 17.Removals from list of patients who have moved

        11. 18.Removals from the list of patients absent from the United Kingdom

        12. 19.Removals from the list of patients accepted elsewhere as temporary residents

        13. 20.Removals from the list of pupils etc. of a school

        14. 21.Closure of lists of patients

        15. 22.Approval of closure notice by the Health Board

        16. 23.Rejection of closure notice by the Health Board

        17. 24.Assignment of patients to lists: open lists

        18. 25.Assignment of patients to lists: closed lists

        19. 26.Factors relevant to assignments

        20. 27.Assignments to closed lists: determination of the assessment panel

        21. 28.Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel

        22. 29.Assignments to closed lists: assignments of patients by a Health Board

      3. PART 3 RECORDS AND NOTICES

        1. 30.Patients records: supplemental

        2. 31.Notifications to the Health Board

    3. SCHEDULE 3

      AGREEMENTS TO PROVIDE ADDITIONAL SERVICES

      1. 1.Additional services generally

      2. 2.Cervical screening

      3. 3.Contraceptive services

      4. 4.Vaccinations and immunisations

      5. 5.Childhood vaccinations and immunisations

      6. 6.Child health surveillance

      7. 7.Maternity medical services

      8. 8.Minor surgery

    4. SCHEDULE 4

      AGREEMENTS TO PROVIDE OUT OF HOURS SERVICES

      1. 1.Criteria for out of hours services

      2. 2.Standards for out of hours services

      3. 3.Agreements to provide essential services and out of hours services

      4. 4.Sub-contracting out of hours service

      5. 5.Withdrawal and variation of approval under paragraph 4

      6. 6.Withdrawal and variation of approval under paragraph 4

      7. 7.Temporary arrangements for transfer of obligations and liabilities in relation to certain out of hours services

      8. 8.Application for approval of an out of hours arrangement

      9. 9.Effect of approval of an arrangement with a transferee out of hours service provider

      10. 10.Review of approval

      11. 11.Immediate withdrawal of approval other than following review

    5. SCHEDULE 5

    6. SCHEDULE 6

      INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS

      1. 1.The name(s) of the provider.

      2. 2.In the case where a partnership is a party to...

      3. 3.In the case where a company is a party to...

      4. 4.The full name of each person performing services under the...

      5. 5.In the case of each health care professional performing services...

      6. 6.Whether the provider undertakes the teaching or training of health...

      7. 7.The provider’s practice area, by reference to a sketch diagram,...

      8. 8.The address of each of the practice premises.

      9. 9.The provider’s telephone and fax number and the address of...

      10. 10.Whether the practice premises have suitable access for all disabled...

      11. 11.Where the provider provides essential services, how to register a...

      12. 12.The right of patients to express a preference of practitioner...

      13. 13.The services available under the agreement.

      14. 14.The opening hours of the practice premises and the method...

      15. 15.The criteria for home visits and the method of obtaining...

      16. 16.Where the provider provides essential services, the consultations available to...

      17. 17.Where the provider provides essential services, the arrangements for services...

      18. 18.If the services in paragraph 17 are not provided by...

      19. 19.The telephone number of NHS 24 and details of the...

      20. 20.The method by which patients are to obtain repeat prescriptions....

      21. 21.If the provider is a dispensing provider the arrangements for...

      22. 22.How patients may make a complaint or comment on the...

      23. 23.The rights and responsibilities of the patient, including keeping appointments....

      24. 24.The action that may be taken where a patient is...

      25. 25.Details of who has access to patient information (including information...

      26. 26.The name, address and telephone number of the Health Board...

  12. Explanatory Note

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