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The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004

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  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation, commencement and application

    2. 2.Interpretation

  3. PART 2 CONTRACTORS

    1. 3.Subject to the provisions of any order made by the...

    2. 4.Conditions : General

    3. 5.General condition relating to all contracts

    4. 6.Reasons

    5. 7.Appeal

    6. 8.Prescribed period under section 28D(1)(bc) of the Act

  4. PART 3 PRE-CONTRACT DISPUTE RESOLUTION

    1. 9.Pre-contract disputes

  5. PART 4 HEALTH SERVICE BODY STATUS

    1. 10.Health service body status

  6. PART 5 CONTRACTS: REQUIRED TERMS

    1. 11.Parties to the contract

    2. 12.Health service contract

    3. 13.Contracts with individuals practising in partnership

    4. 14.Duration

    5. 15.Essential services

    6. 16.Additional services

    7. 17.Opt outs of additional and out of hours services

    8. 18.Services generally

    9. 19.(1) Except in the case of the services referred to...

    10. 20.A contract must contain a term which requires the contractor...

    11. 21.Certificates

    12. 22.Finance

    13. 23.The contract must contain a term to the effect that...

    14. 24.Fees and charges

    15. 25.Arrangements on termination

    16. 26.Other contractual terms

  7. PART 6 FUNCTIONS OF LOCAL MEDICAL COMMITTEES

    1. 27.(1) The functions of a Local Medical Committee which are...

  8. PART 7 TRANSITIONAL PROVISIONS

    1. 28.Commencement

    2. 29.Additional services

    3. 30.Out of hours services

    4. 31.(1) Where the contract is with —

    5. 32.A contract which includes the provision of out of hours...

  9. Signature

    1. SCHEDULE 1

      REPEAT DISPENSING FORMS

      1. PART 1 REPEATABLE PRESCRIPTION

      2. PART 2 BATCH ISSUE

    2. SCHEDULE 2

      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

    3. SCHEDULE 3

      OPT OUTS OF ADDITIONAL AND OUT OF HOURS SERVICES

      1. 1.Opt outs of additional services: general

      2. 2.Temporary opt outs and permanent opt outs following temporary opt outs

      3. 3.Permanent opt outs

      4. 4.Out of hour opt outs where the opt out notice is served after 30th September 2004

      5. 5.Out of hours opt out where the opt out notice is served before 1st October 2004

      6. 6.Informing patients of opt outs

    4. SCHEDULE 4

      LIST OF PRESCRIBED MEDICAL CERTIFICATES

    5. SCHEDULE 5

      FEES AND CHARGES

      1. 1.The contractor may, demand or accept, a fee or other...

    6. SCHEDULE 6

      OTHER CONTRACTUAL TERMS

      1. PART 1 PROVISION OF SERVICES

        1. 1.Premises

        2. 2.Attendance at practice premises

        3. 3.Attendance outside practice premises

        4. 4.Newly registered patients

        5. 5.Patients not seen within three years

        6. 6.Patients aged 75 years and over

        7. 7.Clinical reports

        8. 8.Storage of vaccines

        9. 9.Infection control

        10. 10.Criteria for out of hours services

        11. 11.Standards for out of hours services

        12. 12.Duty of co-operation in relation to additional, enhanced and out of hours services

        13. 13.Where a contractor is to cease to be required to...

      2. PART 2 PATIENTS

        1. 14.List of patients

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

        3. 16.Temporary residents

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

        5. 18.Patient preference of practitioner

        6. 19.Removal from the list at the request of the patient

        7. 20.Removal from the list at the request of the contractor

        8. 21.Removals from the list of patients who are violent

        9. 22.Removals from lists if patients registered elsewhere

        10. 23.Removals from the list of patients who have moved

        11. 24.Where the address of a patient who is on the...

        12. 25.Removals from the list of patients absent from the United Kingdom etc

        13. 26.Removals from the list of patients accepted elsewhere as temporary residents

        14. 27.Removals from the list of pupils etc of a school

        15. 28.Termination of responsibility for patients not registered with the contractor

        16. 29.Closure of lists of patients

        17. 30.Approval of closure notice by the Local Health Board

        18. 31.Rejection of closure notice by the Local Health Board

        19. 32.Assignment of patients to lists: open lists

        20. 33.Assignment of patients to lists: closed lists

        21. 34.Factors relevant to assignments

        22. 35.Assignments to closed lists: determinations of the assessment panel

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

        24. 37.Assignments to closed lists: assignments of patients by a Local Health Board

      3. PART 3 PRESCRIBING AND DISPENSING

        1. 38.Prescribing

        2. 39.(1) Subject to paragraphs 42 and 43, a prescriber shall...

        3. 40.Repeatable prescribing services

        4. 41.Repeatable prescriptions

        5. 42.Restrictions on prescribing by medical practitioners

        6. 43.Restrictions on prescribing by supplementary prescribers

        7. 44.Bulk prescribing

        8. 45.Interpretation of paragraphs 38, 39 and 41 to 44

        9. 46.Excessive prescribing

        10. 47.Provision of dispensing services

        11. 48.Consent to dispense

        12. 49.Terms relating to the provision of dispensing services

        13. 50.Dispensing contractor list

        14. 51.Provision of drugs, medicines and appliances for immediate treatment or personal administration

      4. PART 4 PERSONS WHO PERFORM SERVICES

        1. 52.Qualifications of performers

        2. 53.No health care professional other than one to which paragraph...

        3. 54.Where the registration of a health care professional or, in...

        4. 55.No health care professional shall perform any clinical services unless...

        5. 56.Conditions for employment and engagement

        6. 57.(1) A contractor shall not employ or engage —

        7. 58.(1) The contractor shall not employ or engage a health...

        8. 59.(1) Before employing or engaging any person to assist it...

        9. 60.Training

        10. 61.The contractor shall afford to each employee reasonable opportunities to...

        11. 62.Terms and conditions

        12. 63.Arrangements for GP Registrars

        13. 64.Independent nurse prescribers and supplementary prescribers

        14. 65.Signing of documents

        15. 66.Level of skill

        16. 67.Appraisal and assessment

        17. 68.Sub-contracting of clinical matters

        18. 69.Sub-contracting of out of hours services

        19. 70.Withdrawal and variation of approval under paragraph 69

        20. 71.(1) Without prejudice to any other remedies which it may...

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

        1. 72.Patient records

        2. 73.Access to records for the purpose of the Quality Information Preparation Scheme

        3. 74.Confidentiality of personal data

        4. 75.Practice leaflet

        5. 76.Provision of information

        6. 77.Inquiries about prescriptions and referrals

        7. 78.Reports to a medical officer

        8. 79.Annual return and review

        9. 80.Notifications to the Local Health Board

        10. 81.The contractor shall, unless it is impracticable for it to...

        11. 82.The contractor shall notify the Local Health Board in writing...

        12. 83.Notice provisions specific to a contract with a company limited by shares

        13. 84.Notice provisions specific to a contract with two or more individuals practising in partnership

        14. 85.Notification of deaths

        15. 86.Notifications to patients following variation of the contract

        16. 87.Entry and Inspection by the Local Health Board

        17. 88.Entry and Inspection by members of Community Health Councils

        18. 89.Entry and Inspection by the Commission for Healthcare Audit and Inspection and by the National Assembly for Wales

      6. PART 6 COMPLAINTS

        1. 90.Complaints procedure

        2. 91.Making of Complaints

        3. 92.Where a patient has died a complaint may be made...

        4. 93.Period for making complaints

        5. 94.Further requirements for complaints procedures

        6. 95.Co-operation with investigations

        7. 96.Provision of information about complaints

      7. PART 7 DISPUTE RESOLUTION

        1. 97.Local resolution of contract disputes

        2. 98.Dispute resolution: non-NHS contracts

        3. 99.NHS dispute resolution procedure

        4. 100.Determination of dispute

        5. 101.Interpretation of Part 7

      8. PART 8 VARIATION AND TERMINATION OF CONTRACTS

        1. 102.Variation of a contract: general

        2. 103.Variation provisions specific to a contract with an individual medical practitioner

        3. 104.Variation provisions specific to a contract with two or more individuals practising in partnership

        4. 105.Termination by agreement

        5. 106.Termination by the contractor

        6. 107.Late payment notices

        7. 108.Termination by the Local Health Board: general

        8. 109.Termination by the Local Health Board for breach of conditions in regulation 4

        9. 110.Termination by the Local Health Board for the provision of untrue etc information

        10. 111.Other grounds for termination by the Local Health Board

        11. 112.The Local Health Board may serve notice in writing on...

        12. 113.Termination by the Local Health Board: remedial notices and breach notices

        13. 114.Termination by the Local Health Board: additional provisions specific to contracts with two or more individuals practising in partnership and companies limited by shares

        14. 115.Contract sanctions

        15. 116.Contract sanctions and the NHS dispute resolution procedure

        16. 117.Termination and the NHS dispute resolution procedure

        17. 118.Consultation with the Local Medical Committee

      9. PART 9 MISCELLANEOUS

        1. 119.Clinical governance

        2. 120.Insurance

        3. 121.The contractor shall at all times hold adequate public liability...

        4. 122.Gifts

        5. 123.Compliance with legislation and guidance

        6. 124.Third party rights

    7. SCHEDULE 7

      OUT OF HOURS SERVICES

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

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

      3. 3.Effect of approval

      4. 4.Review of approval

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

      6. 6.Suspension or termination of an out of hours arrangement

    8. SCHEDULE 8

      CLOSURE NOTICE

    9. SCHEDULE 9

      LOCAL HEALTH BOARDS SPECIFIED FOR THE PURPOSES OF REPEATABLE PRESCRIBING

    10. SCHEDULE 10

      INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS

      1. 1.A practice leaflet shall include —

      2. 2.In the case of a contract with a partnership —...

      3. 3.In the case of a contract with a company —...

      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 contractor undertakes the teaching or training of health...

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

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

      9. 9.The contractor’s telephone and fax numbers and the address of...

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

      11. 11.How to register as a patient.

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

      13. 13.The services available under the contract.

      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.The consultations available to patients under paragraphs 5 and 6...

      17. 17.The arrangements for services in the out of hours period...

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

      19. 19.The name and address of any local walk-in centre ....

      20. 20.The telephone number of NHS Direct and details of NHS...

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

      22. 22.If the contractor offers repeatable prescribing services, the arrangements for...

      23. 23.If the contractor is a dispensing contractor the arrangements for...

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

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

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

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

      28. 28.The name, address and telephone number of the Local Health...

  10. Explanatory Note

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