The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 (“the Regulations”), which make provisions as to the arrangements for the provision of general ophthalmic services under the National Health Service in Scotland, and for the preparation and maintenance by each Health Board in Scotland of an Ophthalmic List.

Regulation 3(2) amends regulation 2(1) of the Regulations by amending the definitions of “primary eye examination”, “records” and “supplementary eye examination”.

Regulation 3(3) amends regulation 7 of the Regulations. Regulation 7(1) and (8) is amended so that applications to be included in the Ophthalmic List include application forms for enhanced criminal record certificates, which are submitted as part of the main application. Regulation 7(1B) is inserted so that an application by an optician that is a body corporate must be signed by all the directors of that body corporate. Regulation 7(2) is amended so that an optician or ophthalmic medical practitioner, who is included in the Ophthalmic List, must notify each Board to whose Ophthalmic List he or she is on within 7 days if there is any change to the information submitted for the purpose of the original application. Regulation 7(3)(d) is amended to place an obligation on the Board to obtain any enhanced criminal record certificate required before determining an application. Regulations 7(4A), (4B), (4C), (4D) and (4E) are inserted to enable a Board to require a meeting with the applicant and to inspect the proposed practice premises prior to determining an application. Regulation 7(12) is inserted to place an obligation on an applicant to notify the Board which is considering its application in writing if there is any change to any of the information submitted for the purposes of the application.

Regulation 3(4) amends regulation 8 of the Regulations. Regulation 8(1)(c) and (1)(d) is amended so that an applicant is refused inclusion on an Ophthalmic List where he or she is disqualified or suspended. Regulation 8(1)(h) and (i) is inserted to provide further criteria for when a Board may refuse to include an applicant on its Ophthalmic List.

Regulation 3(5) and (6) make minor amendments to regulations 9 and 11 of the Regulations.

Regulation 3(7) amends regulation 12 of the Regulations so that a person may be removed from a Board’s Ophthalmic List where he or she is disqualified.

Regulation 3(8) amends regulation 22 of the Regulations to make provision for the new Table C in Schedule 3 and to prescribe the maximum frequency at which primary eye examinations should be carried out.

Regulation 3(9) amends Schedule 1 to the Regulations. Minor amendments are made to paragraphs 6 and 7. Paragraph 14 is amended so that an Ophthalmic Medical Practitioner or optician shall carry out each specific mandatory test and procedure specified in Schedules 3 and 4 as appropriate unless the patient has a mental or physical condition which would make that inappropriate or the patient has refused to undertake such tests. Paragraph 14(5) is deleted.

Regulation 3(10) and (11) amend Part A and Part B of Schedule 2 to the Regulations to ensure that the various obligations to submit information as part of an application to be included on an Ophthalmic List are applied or disapplied appropriately in the case of a corporate body. Paragraph 3 of Part A and Part B of Schedule 2 are amended so that where an application includes an enhanced criminal record certificate, the applicant must also submit the corresponding application.

Regulations 3(12),(13) and (14) insert revised schedules 3, 4 and 5.