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The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018

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  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Application

    3. 3.Interpretation

  3. PART 2

    1. 4.Conditions: general

    2. 5.Conditions relating solely to medical practitioners

    3. 6.General conditions relating to all contracts

    4. 7.Further conditions relating to all contracts

    5. 8.Reasons

    6. 9.Appeal

    7. 10.Continuing conditions relating to contracts

    8. 11.Continuing conditions relating to contracts – sufficient involvement in patient care

  4. PART 3

    1. 12.Pre-contract disputes

  5. PART 4

    1. 13.Health service body status

  6. PART 5 CONTRACTS: MANDATORY TERMS

    1. 14.Parties to the contract

    2. 15.NHS contracts

    3. 16.Contracts with a partnership

    4. 17.Duration

    5. 18.Essential services

    6. 18A.Health Board support for contractors

    7. 19.Additional services

    8. 20.Opt outs of additional services

    9. 20A.Requirement to provide vaccination services

    10. 21.Services generally

    11. 22.Services generally

    12. 23.Services generally

    13. 24.Additional obligations in relation to practice premises

    14. 25.Certificates

    15. 26.Finance

    16. 27.Finance

    17. 28.Fees and charges

    18. 29.Arrangements on termination

    19. 30.Other contractual terms

    20. 31.Implied contract terms

  7. PART 6

    1. 32.Functions of area medical committee

  8. PART 7 TRANSITIONAL PROVISIONS

    1. 33.Out of hours

    2. 33A.Transitional arrangements for vaccination and immunisation services

  9. PART 8

    1. 34.Revocations

    2. 35.Consequential amendments

  10. Signature

    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 vaccinations and immunisations

      6. 6.Child health surveillance

      7. 7.Maternity medical services

    2. SCHEDULE 2

      OPT OUTS OF ADDITIONAL 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.Informing patients of opt-outs

    3. SCHEDULE 2A

      VACCINATION SERVICES

      1. 1.Requirement to provide vaccination services

      2. 2.Conditions which apply to all vaccination services

      3. 3.Vaccinations and immunisations

      4. 4.Childhood vaccinations and immunisations

      5. 5.Supplementary vaccinations and immunisations

    4. SCHEDULE 3

      MINIMUM STANDARDS FOR PRACTICE PREMISES

      1. 1.The contractor must ensure that it meets minimum standards for...

    5. SCHEDULE 4

      LIST OF PRESCRIBED MEDICAL CERTIFICATES

    6. SCHEDULE 5

      FEES AND CHARGES

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

    7. SCHEDULE 6

      OTHER CONTRACTUAL TERMS

      1. PART 1 PROVISION OF SERVICES

        1. 1.Premises

        2. 2.Telephone services

        3. 3.Attendance at practice premises

        4. 4.Attendance outside practice premises

        5. 5.Newly registered patients

        6. 6.Clinical reports

        7. 7.Storage of vaccines

        8. 7A.Anaphylaxis training

        9. 8.Infection control

        10. 9.Duty of co-operation in relation to additional , enhanced services and vaccination services

        11. 10.Duty of co-operation in relation to additional , enhanced services and vaccination services

        12. 10A.Duty to co-operate with Health Board support for contractors

      2. PART 2 PATIENTS

        1. 11.List of patients

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

        3. 13.Temporary residents

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

        5. 15.Patient preference of practitioner

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

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

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

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

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

        11. 21.Removals from the list of patients who have moved

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

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

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

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

        16. 26.Closure of lists of patients

        17. 27.Approval of closure notice by the Health Board

        18. 28.Rejection of closure notice by the Health Board

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

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

        21. 31.Factors relevant to assignments

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

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

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

        25. 35.Assignments of patients to lists at request of contractor

        26. 36.Application for variation of a practice area

        27. 37.Rejection of a practice area variation request

      3. PART 3 PRESCRIBING AND DISPENSING

        1. 38.Prescribing

        2. 39.Prescribing

        3. 40.Restrictions on prescribing by medical practitioners

        4. 41.Restrictions on prescribing by supplementary prescribers

        5. 42.Interpretation of paragraphs 38 to 41

        6. 43.Excessive prescribing

        7. 44.Provision of dispensing services

        8. 45.Provision of drugs, medicines and appliances for immediate treatment or personal administration

      4. PART 4 PERSONS WHO PERFORM SERVICES

        1. 46.Qualifications of performers

        2. 47.Qualifications of performers

        3. 48.Qualifications of performers

        4. 49.Qualifications of performers

        5. 50.Conditions for employment and engagement

        6. 51.Conditions for employment and engagement

        7. 52.Conditions for employment and engagement

        8. 53.Conditions for employment and engagement

        9. 54.Training

        10. 55.Training

        11. 56.Terms and conditions

        12. 57.Arrangements for GP Registrars

        13. 58.Independent prescribers and supplementary prescribers

        14. 59.Signing of documents

        15. 60.Level of skill

        16. 61.Appraisal and assessment

        17. 62.Sub‑contracting of clinical matters

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

        1. 63.Interpretation – general

        2. 64A.Meaning of controller etc.

        3. 65.Roles, responsibilities and obligations – general

        4. 66.Contractor’s obligations – records etc.

        5. 67.Health Board Obligations – records etc.

        6. 68.Records

        7. 69.Processing and access of data

        8. 70.Data protection officer

        9. 71.GP IT Services

        10. 72.Patient online appointment services

        11. 73.Confidentiality of personal data

        12. 74.Practice leaflet

        13. 75.Inquiries about prescriptions and referrals

        14. 76.Provision of information to a medical officer etc.

        15. 77.Annual return and review

        16. 78.Notifications to the Health Board

        17. 79.Notifications to the Health Board

        18. 80.Notifications to the Health Board

        19. 81.Notice provisions specific to a contract with a company

        20. 82.Notice provisions specific to a contract with persons practising in partnership

        21. 83.Notice provisions specific to a contract with persons practising in a limited liability partnership

        22. 84.Notification of deaths

        23. 85.Notifications to patients following variation of the contract

        24. 86.Entry and inspection by the Health Board

      6. PART 6 COMPLAINTS

        1. 87.Complaints procedure

        2. 88.Co-operation with investigations

      7. PART 7 DISPUTE RESOLUTION

        1. 89.Local resolution of contract disputes: local dispute resolution process

        2. 90.Dispute resolution: non-NHS contracts

        3. 91.NHS dispute resolution procedure

        4. 92.Determination of dispute

        5. 93.Interpretation of Part 7

      8. PART 8 VARIATION AND TERMINATION OF CONTRACTS

        1. 94.Variation of a contract: general

        2. 95.Variation of a contract: execution

        3. 96.Termination by agreement

        4. 97.Termination on the death of an individual medical practitioner

        5. 98.Termination by the contractor

        6. 99.Late payment notices

        7. 100.Termination by the Health Board: general

        8. 101.Termination by the Health Board for breach of conditions in regulation 10

        9. 102.Termination by the Health Board for breach of conditions in relation to provision of information about compliance with regulations 5, 6, 7, 10 and 11

        10. 103.Other grounds for termination by the Health Board

        11. 104.Other grounds for termination by the Health Board

        12. 105.Termination by the Health Board for unlawful sub-contracting

        13. 106.Termination by the Health Board: remedial notices and breach notices

        14. 107.Termination by the Health Board: additional provision specific to contracts with a partnership and companies limited by shares

        15. 108.Contract sanctions

        16. 109.Contract sanctions and the dispute resolution procedure

        17. 110.Termination and the NHS dispute resolution procedure

        18. 111.Consultation with the area medical committee

        19. 112.Where the contractor changes from being an individual to a partnership

        20. 113.Where the contractor changes from being a partnership to an individual

      9. PART 9 MISCELLANEOUS

        1. 114.Clinical governance

        2. 115.Medical Indemnity Insurance

        3. 116.Public Liability Insurance

        4. 117.Gifts

        5. 118.Duty of candour

        6. 119.Compliance with legislation and guidance

        7. 120.Third party rights

      10. PART 10 QUALITY

        1. 121.Duty to participate in quality arrangements

        2. 122.Quality arrangements

    8. SCHEDULE 7

      CLOSURE NOTICE

    9. SCHEDULE 8

      INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS

    10. SCHEDULE 9

      REVOCATIONS

    11. SCHEDULE 10

      CONSEQUENTIAL AMENDMENTS

      1. 1.The National Health Service (Scotland) (Injury Benefits) Regulations 1998

      2. 2.The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

      3. 3.The Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Scotland) Regulations 2004

      4. 4.The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004

      5. 5.The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009

      6. 6.The National Health Service Superannuation Scheme (Scotland) Regulations 2011

      7. 7.The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012

      8. 8.The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013

      9. 9.The Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014

      10. 10.National Health Service Pension Scheme (Scotland) Regulations 2015

  11. Explanatory Note

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