2013 No. 355
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2013
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2(5), 26, 105(7), 106(a) and 108(1) of the National Health Service (Scotland) Act 19781 and all other powers enabling them to do so.
Citation and commencement1
These Regulations may be cited as the National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2013 and come into force on 3rd February 2014.
Amendment of the 2006 Regulations
2
The National Health Service (General Ophthalmic Services) (Scotland) Regulations 20062 are amended in accordance with regulations 3 to 11.
3
In regulation 2(1) (interpretation)—
a
in the definition of “mobile practice” after “residential centre” insert “or at a place where the patient normally resides”;
b
for the definition of “primary eye examination”, substitute—
“primary eye examination” means a general eye health check which includes a sight test, an internal and external examination of the eye as well as other tests and procedures appropriate to the needs of the patient;
c
in the definition of “records” omit “and as specified in Schedule 5”;
d
omit the definition of “required equipment”;
e
for the definition of “supplementary eye examination”, substitute—
“supplementary eye examination” means an eye health check which is either carried out—
- a
after a primary eye examination for a particular reason which has arisen during the primary eye examination; or
- b
in circumstances set out in regulation 22(3C),
and includes the tests and procedures appropriate to the clinical needs of the patient;
4
In regulation 6 (ophthalmic list)—
a
in paragraph (3)(e)—
i
omit “to provide domiciliary visits”;
ii
after “general ophthalmic services” where it first occurs, insert “at a place where the patient normally resides (in accordance with paragraph 4(2)(a) of Schedule 1),”;
b
in paragraph (3)(f)—
i
omit “to provide only domiciliary visits”;
ii
after “general ophthalmic services”, insert “only at a place where the patient normally resides (in accordance with paragraph 4(2)(a) of Schedule 1)”.
5
In regulation 7 (application for inclusion in ophthalmic list and notification of changes)—
a
in paragraph (7), omit “, and not less than 3,”;
b
in paragraph (10)(c), for “regulation 10”, substitute “regulation 9”.
6
In regulation 14 (disclosure of information)—
a
in paragraph (1)—
i
in sub-paragraph (a), for “regulation 8”, substitute “regulation 8(1)”;
ii
in sub-paragraph (b), for “regulation 12”, substitute “regulation 12(1)”;
b
after paragraph (2)(g), insert—
;
h
NHS Education for Scotland.
c
after paragraph (7)(j), insert—
;
k
NHS Education for Scotland.
7
After regulation 21, insert—
Inspection of Practice Premises21A
Each Board must inspect at intervals not exceeding three years, all practice premises of every contractor who is included on the Ophthalmic List for its area (where such practices are located within its area).
8
1
In Schedule 1 (terms of service)—
a
in paragraph 6(2) (premises and equipment) for “mobile surgery” where it first occurs, substitute “day centre, residential centre or at a place where the patient normally resides”;
b
omit “mobile surgery” where it second occurs.
2
in paragraph 13 (payments)—
a
in sub-paragraph (5) omit “or in sub paragraph (6),”;
b
omit sub-paragraphs (6) and (7).
3
For paragraph 14(1A) (eye examinations), substitute—
1A
An eye examination carried out by an ophthalmic medical practitioner or optician in accordance with these Regulations shall consist of every test or procedure appropriate to the needs of the patient for the purpose of that examination unless—
a
the ophthalmic medical practitioner or optician considers that the patient has a physical or mental condition which would make the carrying out of any such test or procedure clinically inappropriate; or
b
the patient has refused to undertake any such test or procedure.
9
In Schedule 2 (information, certificates, disclosure requests etc.)—
a
in paragraph 1(h) of Part A for “and, in the case of any mobile practice, the month in which visits”, substitute “or, in the case of any mobile practice, the months in which visits to day centres or residential centres”;
b
omit paragraph 4(f) of Part A;
c
omit paragraph 4(f) of Part B;
d
omit paragraph 2(b) of Part C.
10
In Schedule 3 (primary eye examination)—
a
omit Tables A and B;
b
below the heading (primary eye examination) for “Regulation 2(1)” substitute “Regulation 22”.
11
Omit Schedule 4 (supplementary eye examination) and Schedule 5 (records).
(This note is not part of the Regulations)