The Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Citation and commencement

   2. 2. Interpretation

3. PART 2 CONTRACTORS

   1. 3. Conditions: General

   2. 4. Conditions relating solely to medical practitioners

   3. 5. General condition relating to all contracts

   4. 6. Reasons

   5. 7. Appeal

   6. 8. Prescribed period under Article 15C(b)(iii) of the Order

4. PART 3 PRE-CONTRACT DISPUTE RESOLUTION

   1. 9. Pre-contract disputes

5. PART 4 HEALTH SERVICES BODY STATUS

   1. 10. Health services body status

6. PART 5 CONTRACTS: REQUIRED TERMS

   1. 11. Parties to the contract

   2. 12. Health and social services 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

       ADDITIONAL SERVICES

       1. 1. Additional services generally

       2. 2. Cervical screening

       3. 3. Contraceptive services

       4. 4. Vaccinations and immunisations

       5. 5. childhood vaccines and immunisations

       6. 6. Child health surveillance

       7. 7. Maternity medical services

       8. 8. Minor surgery

    2. SCHEDULE 2

       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

    3. SCHEDULE 3

       LIST OF PRESCRIBED MEDICAL CERTIFICATES

    4. SCHEDULE 4

       FEES AND CHARGES

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

    5. SCHEDULE 5

       OTHER CONTRACTUAL TERMS

       1. PART 1 provision of services

          1. 1. Premises

          2. 1A. Telephone services

          3. 1B. Cost of relevant calls

          4. 2. Attendance at practice premises

          5. 3. Attendance outside practice premises

          6. 4. Newly registered patients

          7. 5. Patients not seen within three years

          8. 6. Patients aged 75 years and over

          9. 7. Clinical reports

          10. 8. Storage of vaccines

          11. 9. Infection control

          12. 10. Criteria for out of hours services

          13. 11. Standards for out of hours services

          14. 11A. Supply of medicines, etc. by contractors providing out of hours services

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

          16. 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. 15A. Application to the contractor for regulation 15(3) and (5) services

          4. 15B. Application for inclusion in a list of patients by a regulation 24 category of visitor

          5. 16. Temporary residents

          6. 17. Refusal of applications under paragraph 15, 15A, 15B or 16

          7. 18. Patient preference of practitioner

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

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

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

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

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

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

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

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

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

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

          18. 29. Closure of lists of patients

          19. 29A. Application for closure of lists of patients

          20. 29B. Approval of an application to close a list of patients

          21. 29C. Rejection of an application to close a list of patients

          22. 29D. Application for an extension to a closure period

          23. 29E. Re-opening of list of patients

          24. 30. Approval of closure notice by the Board

          25. 31. Rejection of closure notice by the Board

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

          27. 32A. Assignment of a person to a contractor for regulation 15(3) and (5) services

          28. 32B. Assignment of a person who has made an application under paragraph 15B

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

          30. 34. Factors relevant to assignments

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

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

          33. 37. Assignments to closed lists: assignments of patients by a Board

       3. PART 3 prescribing and dispensing

          1. 38. Prescribing

          2. 39. (1) Subject to paragraphs 40 and 41, a prescriber shall...

          3. 39A. Repeatable prescribing services

          4. 39B. Repeatable prescriptions

          5. 40. Restrictions on prescribing by medical practitioners

          6. 41. Restrictions on prescribing by supplementary prescribers

          7. 42. Interpretation of paragraphs 38, 39, 40 and 41

          8. 43. Excessive prescribing

          9. 44. Provision of dispensing services

          10. 45. Terms relating to the provision of dispensing services

          11. 46. Dispensing contractor list

          12. 47. Provision of drugs, medicines and appliances for immediate treatment or personal administration

       4. PART 4 persons who perform services

          1. 48. Qualifications of performers

          2. 49. No health care professional other than one to whom paragraph...

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

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

          5. 52. Conditions for employment and engagement

          6. 53. (1) A contractor shall not employ or engage –

          7. 54. (1) The contractor shall not employ or engage a health...

          8. 55. (1) Before employing or engaging any person to assist him...

          9. 56. Training

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

          11. 58. Terms and conditions

          12. 59. Arrangements for GP Registrars

          13. 60. Independent prescribers and supplementary prescribers

          14. 61. Signing of documents

          15. 62. Level of skill

          16. 63. Appraisal and assessment

          17. 64. Sub-contracting of clinical matters

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

          19. 66. Withdrawal and variation of approval under paragraph 65

          20. 67. (1) Without prejudice to any other remedies which it may...

       5. PART 5 records, information, notifications and rights of entry

          1. 68. Patient records

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

          3. 70. Confidentiality of personal data

          4. 71. Practice leaflet

          5. 71A. Provision of information on website

          6. 72. Provision of information

          7. 73. Inquiries about prescriptions and referrals

          8. 74. Provision of information to a medical officer etc.

          9. 75. Annual return and review

          10. 76. Notifications to the Board

          11. 77. The contractor shall, unless it is impracticable for him to...

          12. 78. (1) The contractor shall notify the Board in writing of...

          13. 79. Notice provisions specific to a contract with a company limited by shares

          14. 80. Notice provisions specific to a contract with two or more individuals practising in partnership

          15. 81. Notification of deaths

          16. 82. Notifications to patients following variation of the contract

          17. 83. Entry and inspection by the Board

       6. PART 6 complaints

          1. 84. Complaints procedure

          2. 85. Making of complaints

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

          4. 87. Period for making complaints

          5. 88. Further requirements for complaints procedures

          6. 89. Co-operation with investigations

          7. 90. Provision of information about complaints

       7. PART 7 dispute resolution

          1. 91. Local resolution of contract disputes

          2. 92. Dispute resolution: non-HSS contracts

          3. 93. Dispute resolution procedure

          4. 94. Determination of dispute

          5. 95. Interpretation of Part 7

       8. PART 8 variation and termination of contracts

          1. 96. Variation of a contract: general

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

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

          4. 99. Termination by agreement

          5. 99A. Termination on the death of an individual medical practitioner

          6. 100. Termination by the contractor

          7. 101. Late payment notices

          8. 102. Termination by the Board: general

          9. 103. Termination by the Board for breach of conditions in regulation 4

          10. 104. Termination by the Board for the provision of untrue etc. information

          11. 105. Other grounds for termination by the Board

          12. 106. The Board may serve notice in writing on the contractor...

          13. 106A. Termination by the Board for unlawful sub-contracting

          14. 107. Termination by the Board: remedial notices and breach notices

          15. 108. Termination by the Board: additional provisions specific to contracts with two or more individuals practising in partnership and companies limited by shares

          16. 109. Contract sanctions

          17. 110. Contract sanctions and the dispute resolution procedure

          18. 111. Termination and the dispute resolution procedure

          19. 112. Consultation with the Local Medical Committee

       9. PART 9 miscellaneous

          1. 113. Clinical governance

          2. 113A. The contractor shall co-operate with the Board in the discharge...

          3. 114. Insurance

          4. 115. The contractor shall at all times hold adequate public liability...

          5. 116. Gifts

          6. 117. Compliance with legislation and guidance

          7. 118. Third party rights

    6. SCHEDULE 6

       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 of an arrangement with a transferee out of hours services provider

       4. 4. Review of approval

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

       6. 6. Termination of an out of hours arrangement

    7. SCHEDULE 7

       CLOSURE NOTICE

    8. SCHEDULE 8

       INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS

       1. 1. The name of the contractor.

       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, including the area known as the...

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

       20. 19A. If the contractor offers repeatable prescribing services, the arrangements for...

       21. 20. If the contractor is a dispensing contractor, the arrangements for...

       22. 21. How patients may make a complaint or comment on the...

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

       24. 23. The action that may be taken where a patient is...

       25. 24. Details of who has access to patient information (including information...

       26. 25. The name, address and telephone number of the Board which...

11. Explanatory Note