General Ophthalmic Services (Amendment) Regulations (Northern Ireland) 2005

Amendment of Schedule 1 to the Ophthalmic Regulations

6.—(1) Schedule 1 to the Ophthalmic Regulations (terms of service)(1) shall be amended in accordance with the following provisions of this regulation.

(2) For paragraphs 3 (premises at which general ophthalmic services are to be provided) and 3A (visits) there shall be substituted –

“Premises at which general ophthalmic services are to be provided

3.   Subject to paragraph 3A, a contractor shall provide general ophthalmic services only at an address which is included in relation to him in the ophthalmic list.

Provision of mobile services

3A.— (1) A contractor, who has made arrangements with the Board to provide mobile services, may provide them only in accordance with sub-paragraph (2), after giving notice in accordance with sub-paragraph (3).

(2) The contractor may only provide mobile services if –

(a) the patient has requested the contractor to provide those services to him, or, where the patient is incapable of making such a request, a relative of his, a carer of that patient or a duly authorised person has made such a request; and

(b) subject to sub-paragraphs (5), (6) and (7), he has notified the Board in accordance with sub-paragraphs (3) and, if applicable, (4) and the Board has not informed the contractor that it is not content with those changes.

(3) The contractor shall give notice to the Board of his intention to provide mobile services –

(a) where they are to be provided to three or more persons at a day centre or residential centre, at least three weeks in advance; or

(b) in any other case, as far in advance as is reasonably possible, but not less than 48 hours (except that no part of a Saturday, Sunday or public holiday shall count towards that period) in advance,

of that provision, identifying the persons to whom the services are to be provided and specifying the date and approximate time when he will provide them.

(4) If the contractor wishes to change any of the matters of which he has notified the Board under sub-paragraph (3), he shall so notify the Board at least 48 hours (except that no part of a Saturday, Sunday or public holiday shall count towards that period) before –

(a) if he wishes to provide mobile services to further or different persons, that provision;

(b) if he wishes to change the date or time of the provision of those services, both –

(i) the previously notified date of that provision, and

(ii) if the notification is to change the date, the date so notified.

(5) If the contractor is unable to attend the place at which he has notified the Board that he would be attending, he may instead, on that day and at that approximate time, provide mobile services at another location (“the substitution”), provided that the Board notifies him that it agrees to the substitution.

(6) In a case to which paragraph (5) applies the contractor may attend and provide mobile services at the originally notified place at such time as the Board shall agree.

(7) In a case where circumstances have arisen whereby it was not possible to notify in accordance with sub-paragraph (4)(a), the contractor may provide mobile services to up to 3 other persons at the previously notified time and place.”.

(3) In paragraph 4 (premises and equipment) –

(a) in sub-paragraph (1), for “sub-paragraph (1A)”, there shall be substituted “sub-paragraphs (1A) to (1D)”;

(b) for sub-paragraph (1A) there shall be substituted –

“(1A) A contractor, who has made arrangements with the Board to provide mobile services, shall provide suitable equipment for the provision of such services.

(1B) A contractor, who was included on the ophthalmic list of the Agency on 3rd July 2005, and who –

(a) does not provide or no longer provides accommodation and equipment, as required under sub-paragraph (1), or equipment as required under sub-paragraph (1A); and

(b) is not employed, in relation to the general ophthalmic services which he has undertaken to provide in the area of that Board, by another contractor,

may, instead of providing the accommodation and equipment, as required under sub-paragraph (1), or equipment as required by sub-paragraph (1A), enter into arrangements of the kind described in sub-paragraph (1C), provided the conditions set out in sub-paragraph (1D) are met.

(1C) The arrangements referred to in sub-paragraph (1B) are legally enforceable arrangements under which –

(a) requisite, proper and sufficient consulting and waiting room accommodation and suitable equipment; or

(b) in the case of the provision of mobile services, suitable equipment;

are available to him for the provision of the general ophthalmic services which he has undertaken to provide, which permit inspection as required under paragraph 4(2) or (2A).

(1D) The conditions referred to in sub-paragraph (1B) are that the contractor has satisfied the Board that –

(a) the arrangements are legally enforceable and permit inspection as required under paragraph 4(2) or (2A);

(b) the accommodation and equipment or, in the case of the provision of mobile services, equipment, provided under the arrangements are adequate and suitable.

(c) in sub-paragraph (2) for “sub-paragraph (2A)” there shall be substituted “sub-paragraphs (2A) and (3)”;

(d) in sub-paragraph (2A), for “In the case of a mobile practice, the contractor”, there shall be substituted, “A contractor, who has made arrangements with the Board to provide mobile services, ”; and

(c) at the end, there shall be added sub-paragraph (3) –

“(3) In addition to the right to inspect under sub-paragraph (2A), a contractor, who has made arrangements with the Board to provide mobile services, shall allow an authorised officer of the Department, the Board or the Agency or authorised member of the Committee to inspect the facilities and equipment that he uses when providing those services at a location of which he notified the Board under paragraph 3A(3).”.

(4) Paragraph 5 (notices) shall be renumbered as sub-paragraph (1) of paragraph 5, and –

(a) at the beginning there shall be inserted “Subject to sub-paragraph (2),”; and

(b) at the end there shall be added sub-paragraph (2) –

“(2) Where mobile services are being provided, a notice shall be displayed only in so far as it is reasonably practicable to do so.”.

(5) In paragraph 7 (deputies) –

(a) for sub-paragraph (1) there shall be substituted –

“(1) A contractor may arrange for sight to be tested on his behalf by an ophthalmic medical practitioner or optician, but no such arrangements shall be made unless the name of that ophthalmic medical practitioner or optician is included on the ophthalmic list.”.

(6) In paragraph 8 (employees) –

(a) for sub-paragraphs (1), (2) and (3) there shall be substituted –

“(1) A contractor may employ to test sight –

(a) an ophthalmic medical practitioner or optician, whose name is included on the ophthalmic list; or

(b) a person, who is authorised to test sight by rules made under section 24(3) of the Opticians Act 1989 (testing of sight), acting under the continuous personal supervision of an ophthalmic medical practitioner or optician, whose name is included on the ophthalmic list.”.

(7) In paragraph 10(2) (testing of sight) –

(a) after “a contractor” there shall be inserted “or an ophthalmic medical practitioner or optician assisting him in the provision of general ophthalmic services”; and

(b) for “inform the patient’s doctor of his opinion.”, there shall be substituted –

“(i) refer the patient to an ophthalmic hospital,

(ii) inform the patient’s doctor or GP practice that he has done so, and

(iii) give the patient a written statement that he has done so, with details of the referral.”.

(1)

Relevant amending regulations are S.R. 1988 No. 110, S.R. 1989 Nos. 113 and 269, S.R. 1990 No. 191, S.R. 1996 No. 135, S.R. 2000 No. 51, S.R. 2001 No. 370, S.R. 2003 No. 74 and S.R. 2004 Nos. 92 and 156