The National Health Service (General Medical Services Contracts, Primary Medical Services Section 17C Agreements and Primary Medical Services Performers Lists) (Scotland) Amendment Regulations 2010

Amendments to the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004

3.  The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004(1) are amended as follows—

(a) in regulation 2 (interpretation), omit the definition of “medical officer”.

(b) in regulation 19 (certificates) for paragraph (2), substitute—

“(2) The exception in paragraph (1)(a) shall not apply where the certificate is a doctor’s statement issued in accordance with regulation 2(1) of the Social Security (Medical Evidence) Regulations 1976(2) (evidence of incapacity for work, limited capability for work and confinement) or regulation 2(1) of the Statutory Sick Pay (Medical Evidence) Regulations 1985(3) (medical information).”.

(c) for paragraph 38 of Schedule 1 (reports to a medical officer) substitute—

“Provision of information to a medical officer etc

38.— (1) The provider must, if satisfied that the patient consents—

(a) supply in writing to any person specified in sub-paragraph (3), within such reasonable period as that person may specify, such clinical information as any of the persons mentioned in sub-paragraph (3)(a) to (d) considers relevant about a patient to whom the provider or a person acting on behalf of the provider has issued or has refused to issue a medical certificate; and

(b) answer any inquiries by any person mentioned in sub-paragraph (3) about—

(i) a prescription form or medical certificate issued or created by, or on behalf of, the provider, or

(ii) any statement which the provider or a person acting on behalf of that provider has made in a report.

(2) For the purposes of being satisfied that a patient consents, a provider may rely on an assurance in writing from any person mentioned in sub-paragraph (3) that the consent of the patient has been obtained, unless the provider has reason to believe that the patient does not consent.

(3) For the purposes of sub-paragraph (1) and (2), the persons are—

(a) a medical officer;

(b) a nursing officer;

(c) an occupational therapist;

(d) a physiotherapist; or

(e) an officer of the Department for Work and Pensions who is acting on behalf of, and at the direction of, any person specified in paragraphs (a) to (d).

(4) In this paragraph—

(a) “medical officer” means a medical practitioner who is—

(i) employed or engaged by the Department for Work and Pensions, or

(ii) provided by an organisation under a contract entered into with the Secretary of State for Work and Pensions;

(b) “nursing officer” means a health care professional who is registered on the Nursing and Midwifery Register and—

(i) employed or engaged by the Department for Work and Pensions, or

(ii) provided by an organisation under a contract entered into with the Secretary of State for Work and Pensions;

(c) “occupational therapist” means a health care professional who is registered in the part of the register maintained by the Health Professions Council under article 5 of the Health Professions Order 2001 relating to occupational therapists and—

(i) employed or engaged by the Department for Work and Pensions, or

(ii) provided by an organisation under a contract entered into with the Secretary of State for Work and Pensions; and

(d) “physiotherapist” means a health care professional who is registered in the part of the register maintained by the Health Professions Council under article 5 of the Health Professions Order 2001 relating to physiotherapists and—

(i) employed or engaged by the Department for Work and Pensions, or

(ii) provided by an organisation under a contract entered into with the Secretary of State for Work and Pensions.”.

(1)

S.S.I. 2004/116 to which there are amendments not relevant to these Regulations.

(2)

S.I. 1976/615 which was relevantly amended by S.I. 2010/137.

(3)

S.I. 1985/1604 which was relevantly amended by S.I. 2010/137.