Amendments in relation to choice of health service provider4

1

In regulation 39 of the 2012 Regulations (duty to ensure persons are offered a choice of health service provider)—

a

for paragraph (2) substitute—

2

Subject to regulations 40 and 41, the choices specified for the purposes of this paragraph are the choice—

a

in respect of a first outpatient appointment with a consultant or a member of a consultant’s team, of—

i

any clinically appropriate health service provider with whom any relevant body has a commissioning contract for the service required as a result of the referral, and

ii

any clinically appropriate team led by a named consultant who is employed or engaged by that health service provider; and

b

in relation to an elective referral for mental health services in respect of which the patient’s first outpatient appointment is not with a consultant or a member of a consultant’s team, of—

i

any clinically appropriate health service provider with whom any relevant body has a commissioning contract for the service required as a result of the referral, and

ii

any clinically appropriate team led by a named health care professional who is employed or engaged by that health service provider.

b

omit paragraphs (3) and (4); and

c

in paragraph (5), for “paragraphs (1) and (3)”, substitute “paragraph (1)”.

2

In regulation 40 of the 2012 Regulations (services to which the duties as to choice do not apply)—

a

in paragraph (1)—

i

at the end of sub-paragraph (a), insert “or”;

ii

omit the “or” at the end of sub-paragraph (b); and

iii

omit sub-paragraph (c); and

b

in paragraph (2), for “Regulation 39(1) and (3) do”, substitute “Regulation 39(1) does”.

3

In regulation 41 of the 2012 Regulations (persons to whom the duties as to choice do not apply), for “Regulations 39(1) and (3) do”, substitute “Regulation 39(1) does”.

4

In regulation 42(2)(a)(iii) of the 2012 Regulations (duty to publicise and promote information about choice), for “regulation 39(3)” substitute “regulation 39(1)”.