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

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

10. 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 hours opt outs where the opt out notice is served after 30th September 2004.

       5. 5. Out of hours opt outs 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

    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. 12-13. Duty of co-operation in relation to additional, enhanced and out of hours services.

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

          9. 22. Removals from the list of patients registered elsewhere.

          10. 23.-24. Removals from the list of patients who have moved.

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

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

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

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

          15. 29. Closure of lists of patients.

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

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

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

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

          20. 34. Factors relevant to assignments.

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

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

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

       3. Part 3 Prescribing and dispensing

          1. 38-39. Prescribing.

          2. 40. Repeatable prescribing services.

          3. 41. Repeatable prescriptions.

          4. 42. Restrictions on prescribing by medical practitioners.

          5. 43. Restrictions on prescribing by supplementary prescribers.

          6. 44. Bulk prescribing.

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

          8. 46. Excessive prescribing.

          9. 47. Provision of dispensing services.

          10. 48. Consent to dispense.

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

          12. 50. Dispensing contractor.

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

       4. Part 4 Persons who perform services

          1. 52.-55. Qualifications of performers.

          2. 56.-59. Conditions for employment and engagement

          3. 60.-61. Training.

          4. 62. Terms and conditions.

          5. 63. Arrangements for GP Registrars.

          6. 64. Independent nurse prescribers and supplementary prescribers.

          7. 65. Signing of documents.

          8. 66. Level of skill.

          9. 67. Appraisal and assessment.

          10. 68. Sub-contracting of clinical matters.

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

          12. 70-71. Withdrawal and variation of approval under paragraph 69.

       5. Part 5 Records, information, notification 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. 80-82. Notifications to the Local Health Board.

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

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

          12. 85. Notification of deaths.

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

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

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

          16. 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. 91-92. Making of complaints.

          3. 93. Period for making complaints.

          4. 94. Further requirements for complaints procedures.

          5. 95. Co-operation with investigations.

          6. 96. Provision of Information about complaints.

       7. Part 7 Dispute resolution

          1. 97. Local resolution of contract disputes.

          2. 98. Dispute resolution : non-NHS contacts.

          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 Payments notice.

          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. 111-112. Other grounds for termination by One Local Health Board.

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

          12. 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.

          13. 115. Contract sanctions.

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

          15. 117. Termination and the NHS dispute resolution procedure.

          16. 118. Consultation with the Local Medical Committee.

       9. Part 9 Miscellaneous

          1. 119. Clinical governance.

          2. 120-121. Insurance.

          3. 122. Gifts.

          4. 123. Compliance with legislation and guidance.

          5. 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

11. Explanatory Note