The National Health Service (General Medical Services) (Scotland) Regulations 1995

Treatment of patients

13.—(1) If the condition of a patient is such that he requires treatment which is not within the scope of the doctor’s obligations under these terms of service, but such treatment is to the knowledge of the doctor available under the National Health Service, the doctor shall inform the patient of the fact and if the patient so wishes, the doctor shall take all necessary steps to enable him to receive such treatment. The doctor shall also give his patients such advice or assistance as he may consider appropriate to enable them to take advantage of other medical services available under the National Health Service.

(2) Subject to the following provisions of this paragraph, a doctor shall render the services referred to in paragraph 11 (in this paragraph called the “relevant services”) during the hours for which he is normally available pursuant to paragraph 24 (in this paragraph referred to as “normal hours”)—

(a) at his practice premises; or

(b) in the case of a patient whose condition is such that in the doctor’s reasonable opinion it would be inappropriate for the patient to attend at the practice premises, at whichever is appropriate of the places set out in sub-paragraph (5).

(3) Outside normal hours the doctor shall consider, in the light of the patient’s medical condition, whether a consultation is needed, and if so, when.

(4) If in the doctor’s reasonable opinion a consultation is needed before the next time at which the patient could be seen during normal hours, he shall render the relevant services—

(a) at his practice premises;

(b) at such other place as the Board has agreed, pursuant to paragraph 27 and he has informed the patient, pursuant to paragraph 27(5), is a place where he will treat patients outside normal hours; or

(c) in the case of a patient whose condition is such that in the doctor’s reasonable opinion it would be inappropriate for the patient to attend either at the practice premises or at such other place, at whichever is appropriate of the places set out in sub-paragraph (5).

(5) The places referred to in sub-paragraphs (2)(b) and (4)(c) are—

(a) the place where the patient was residing when he was accepted by the doctor pursuant to paragraph 6 or, as the case may be, when he was assigned to the doctor pursuant to regulation 20 or, in the case of a patient who was previously on the list of a doctor in a practice declared vacant, when the doctor succeeded to the vacancy;

(b) such other place as the doctor has informed the patient and the Board is the place where he has agreed to visit and treat the patient;

(c) some other place in the doctor’s practice area.

(6) Nothing in this paragraph prevents the doctor from—

(a) arranging for the referral of a patient pursuant to paragraph 11(2)(e) without first seeing the patient, in a case where the medical condition of the patient makes that course of action appropriate; or

(b) visiting the patient in circumstances where this paragraph does not place him under an obligation to do so.

(7) A doctor shall issue to a patient or his personal representatives free of charge any certificate of a description prescribed in the first column of Schedule 9 which is reasonably required by him under or for the purposes of the enactments specified in the second column of the said Schedule opposite and in relation to the description of the certificate in the first column. Any certificate issued under this sub-paragraph for the purposes of:

(a) the Social Security Act 1975(1); or

(b) section 17(2) of the Social Security and Housing Benefits Act 1982(2); or

(c) Part V of and Schedule 4 Part I to the Social Security Act 1986(3)

shall be issued in accordance with any regulations made under those Acts.

(8) A doctor shall not be required to issue a certificate under this paragraph where the patient is receiving treatment otherwise than from or under the supervision of a doctor.

(9) A doctor, except when providing maternity medical services, is responsible for providing the services of another doctor for the administration of an anaesthetic, when necessary, in connection with any service or operation on his patient undertaken by him under these terms of service whenever such administration does not involve the application of special skill or experience of a degree or kind which general medical practitioners as a class cannot reasonably be expected to possess.

(10) A doctor providing maternity medical services is responsible for providing the services of another doctor for the administration of an anaesthetic when necessary in connection with any operation performed by him on his patient and undertaken by him under these terms of service.

(11) The provisions of sub-paragraphs (2) and (3) shall not apply in the case of a patient who attends when an appointment system is in operation and who has not previously made, and is not given, an appointment. In such a case the doctor may decline to attend the patient during that surgery period, if the patient’s health would not thereby be jeopardised and the patient is offered an appointment to attend within a reasonable time having regard to all circumstances. The doctor shall take all reasonable steps to ensure that a consultation is not so deferred except in accordance with his instructions.

(1)

1975 c. 14.

(2)

1982 c. 24; section 17 was amended by section 20 of the Social Security Act 1985 (c. 53).

(3)

1986 c. 50.