The National Health Service (Personal Medical Services Agreements) Regulations 2015 No. 1879 xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 General
1.Citation and commencement
2.Application
3.Interpretation
3A.Variation of core hours while a disease is or in anticipation of a disease being imminently pandemic etc.
3B.Amendment and withdrawal of announcements and advice in respect of pandemics etc.
PART 2 Agreements
4.Conditions: general
5.General condition relating to all agreements
6.Notice of conditions not being met and reasons
7.Right of appeal
PART 3 Pre-agreement dispute resolution
8.Pre-agreement disputes
PART 4 Health Service Body Status
9.Health service body status
10.Health service body status: variation of agreements
11.Cessation of health service body status
PART 5 Agreements: required terms
12.Health service contract
13.Agreements: general
13A.Services: remote provision outside practice premises
14.Membership of a CCG
15.Certificates
15A.Patients who should not be tested for, or vaccinated against, coronavirus: confirmation of exemption
16.Finance
17.Conditions about payments
18.Fees and charges
19.Circumstances in which fees and charges may be made
20.Patient participation
21.Publication of earnings information
21A.Disclosure of information about NHS earnings: contractors and sub-contractors
21AA.Disclosure of information about NHS earnings: jobholders
21B.Calculation of NHS earnings for the purposes of regulations 21A and 21AA
22.Out of hours services
23.Sub-contracting
24.Variation of agreements
24A.Variation of agreements: integrated care provider contracts
25.Variation of agreements: registered patients from outside practice area
26.Termination of agreements
27.Other required terms
27A.Suspension of agreement terms or of enforcement of agreement terms while a disease is or in anticipation of a disease being imminently pandemic etc.
PART 6 Out of hours services: opt outs
28.Opt outs: interpretation
29.Opt outs: general
30.Opting out of out of hours service provision
31.Informing patients of opt outs
PART 7 Right to a general medical services contract
32.Right to a general medical services contract
PART 8 Persons who perform services
33.Qualifications of performers: medical practitioners
34.Qualifications of performers: health care professionals
35.Conditional registration or inclusion in a primary care list
36.Clinical experience
37.Conditions for employment and engagement: medical practitioners
38.Conditions for employment or engagement: health care professionals
39.Clinical references
40.Verification of qualifications and competence
41.Training
42.Arrangements for GP Specialty Registrars
43.Doctors with provisional registration
44.Notice requirements in respect of relevant prescribers
45.Signing of documents
46.Level of skill
47.Appraisal and assessment
PART 9 Prescribing and dispensing
48.Prescribing: general
48A.Prescribing software and supply shortages etc. of medicines
49.Orders for drugs, medicines or appliances
50.Electronic prescriptions
51.Nomination of dispensers for the purpose of electronic prescriptions
52.Repeatable prescribing services
53.Repeatable prescriptions
53A.Prescribing for electronic repeat dispensing
54.Restrictions on prescribing by medical practitioners
55.Restrictions on prescribing by supplementary prescribers
56.Bulk prescribing
57.Excessive prescribing
58.Provision of drugs, medicines and appliances for immediate treatment or personal administration
PART 10 Prescribing and dispensing: out of hours services
59.Supply of medicines etc. by contractors providing out of hours services
PART 10A Vaccines and immunisations
59A.Part 10A: interpretation
59B.Vaccines and immunisations: duty of co-operation
59C.Vaccines and immunisations: appointments
59D.Vaccines and immunisations: catch-up campaigns
59E.Vaccines and immunisations: additional staff training
59F.Vaccines and immunisations: nominated person
59G.Vaccines and immunisations: exception for private arrangements
PART 11 Records and information
60.Patient records
60A.Record of ethnicity information
61.Summary Care Record
62.Electronic transfer of patient records between GP practices
62A.Transfer of patient records between GP practices: time limits
63.Clinical correspondence: requirement for NHS number
63A.Use of fax machines
64.Patient online services : appointments and prescriptions
64ZA.Patient online services: provision of online access to coded information in medical record and prospective medical records
64ZB.Patient online services: provision of online access to full digital medical record
64ZC.Patient online services: providing and updating personal or contact information
64ZD.Patient online services: provision of an online consultation tool
64ZE.Secure electronic communications
64ZF.Video consultations
64ZG.Meaning of “appropriate software” for the purposes of regulations 64ZD, 64ZE and 64ZF
64A.Patient access to online services
64B.Patient access: other availability of directly bookable appointments
65.Confidentiality of personal data: nominated person
66.Requirement to have and maintain an online presence
66A.Requirement to maintain profile page on NHS website
67.Provision of information
67A.Provision of information: GP access data
67B.National Diabetes Audit
67C.Information relating to indicators no longer in the Quality and Outcomes Framework
67D.Information relating to alcohol related risk reduction and dementia diagnosis and treatment
67E.NHS England Workforce Collection
67F.Information relating to overseas visitors
67G.Medicines and Healthcare products Regulatory Agency Central Alerting System
67H.Collection of data relating to appointments in general practice
67I.Collection of data concerning use of online consultation tools and video consultations
68.Inquiries about prescriptions and referrals
69.Provision of information to a medical officer etc.
70.Annual return and review
71.Practice leaflet
PART 12 Complaints
72.Complaints procedure
73.Co-operation with investigations
PART 13 Dispute resolution
74.Local resolution of agreement disputes
75.Dispute resolution: non-NHS contracts
76.NHS dispute resolution procedure
77.Determination of dispute
78.Interpretation of this Part
PART 14 Miscellaneous
79.Clinical governance
80.Friends and Family Test
81.Co-operation with NHS England
82.Co-operation with the Secretary of State and NHS England
83.Insurance
84.Public liability insurance
85.Gifts
86.Compliance with legislation and guidance
87.Third party rights
PART 15 General transitional provision and saving, consequential amendments and revocations
88.General transitional provision and saving
89.Consequential amendments
90.Revocations
Signature
SCHEDULE 1
NHS England’sNHS England’sList of prescribed medical certificates
SCHEDULE 2
Other required terms
PART 1 Provision of services
1.Services to registered patients
2.Premises
3.Telephone services
3A.New telephone contract or arrangement
4.Cost of relevant calls
5.Attendance at practice premises
6.Attendance outside practice premises
7.Clinical reports
8.Storage of vaccines
9.Infection control
10.Duty of co-operation
10A.Duty of co-operation: Primary Care Networks
11.Cessation of service provision: information requests
PART 2 Patients: general
12.General provision
13.List of patients
14.Newly registered patients – alcohol dependency screening
14A.Patients living with frailty
15.Accountable GP
16.Patients aged 75 years and over: accountable GP
16A.NHS e-Referral Service (e-RS)
16B.Direct booking by NHS 111 or via a connected service
17.Application for inclusion in a list of patients
18.Inclusion in list of patients: armed forces personnel
18A.Inclusion in list of patients: detained persons
19.Temporary residents
20.Refusal of applications for inclusion in list of patients or for acceptance as a temporary resident
21.Patient preference of a practitioner
22.Removal from the list at the request of the patient
23.Removal from the list at the request of the contractor
24.Removal from the list of patients who are violent
25.Removal from the list of patients registered elsewhere
26.Removal from the list of patients who have moved
27.Removal from list of patients whose address is unknown
28.Removal from the list of patients absent from the United Kingdom etc.
29.Removal from the list of patients accepted elsewhere as temporary residents
30.Removal from a list of pupils etc. of a school
31.Termination of responsibility for patients not registered with the contractor
PART 2A List of patients: Crown servants posted overseas and their family members
CHAPTER 1 Interpretation of Part 2A
31A.Meaning of “qualifying person”
31B.Qualifying persons to be treated as previous patients of contractors
31C.General interpretation of Part 2A
CHAPTER 2 Crown servants and family members returning to the United Kingdom: registration with original or successor practice
31D.Crown servants and family members returning to the United Kingdom for more than three months: inclusion in list of original practice or successor practice
31E.Crown servants and family members returning to the United Kingdom for three months or less: temporary registration with original or successor practice
CHAPTER 3 Crown servants and family members returning to the United Kingdom: registration with a new practice
31F.Crown servants and family members returning to the United Kingdom for more than three months: inclusion in list of patients of a new practice
31G.Crown servants and family members returning to the United Kingdom for three months or less: temporary registration with new practice
CHAPTER 4 Refusal of applications made under this Part
31H.Refusal of an application under paragraphs 31D to 31G
PART 3 List of patients: closure etc.
32.Application for closure of list of patients
33.Approval of an application to close a list of patients
34.Rejection of an application to close a list of patients
35.Application for an extension of the closure period
36.Re-opening of list of patients
PART 4 Assignment of patients to lists
37.Application of this Part
38.Assignment of patients to list of patients: open and closed lists
39.Factors relevant to assignments
39A.Assignment of patients from outside practice area
40.Assignments to closed lists: composition and determinations of the assessment panel
41.Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel
42.Assignments to closed lists: assignments of patients by NHS England
PART 5 Sub-contracting
43.Sub-contracting of clinical matters
PART 6 Provision of information: practice leaflet, use of NHS primary care logo, marketing campaigns and advertising private services
44.Information to be included in a practice leaflet
44A.Use of NHS primary care logo
44B.Marketing campaigns
44C.Advertising private services
PART 7 Notice requirements and rights of entry
45.Notices to NHS England
46.Notice provisions specific to an agreement with a qualifying body
47.Notice of deaths
48.Notices given to patients following variation of the agreement
49.Entry and inspection by NHS England
50.Entry and inspection by the Care Quality Commission
51.Entry and inspection by Local Healthwatch organisations
PART 8 Variation and termination of agreements
52.Variation of an agreement
53.Termination by agreement
54.Termination on death of the contractor
55.Termination by giving notice
56.Late payment notices
57.Termination by NHS England for the provision of untrue etc. information
58.Other grounds for termination by NHS England
59.Termination by NHS England where patients' safety is at risk or where there is risk of financial loss to NHS England
60.Termination by NHS England for unlawful sub-contracting
61.Termination by NHS England: remedial notices and breach notices
62.Termination by NHS England: additional provisions specific to agreements with qualifying bodies
63.Agreement sanctions
64.Agreement sanctions and the NHS dispute resolution procedure
65.Termination and the NHS dispute resolution procedure
SCHEDULE 2A
Suspension and reactivation of personal medical services agreements
1.Interpretation
2.Right to suspend a personal medical services agreement
3.Integrated care provider contracts
4.Notice of intention to suspend a personal medical services agreement
5.Suspension of a personal medical services agreement: general
6.Notice of intention to reactivate a personal medical services agreement
7.Right to reactivate a personal medical services agreement
8.Reactivation of a personal medical services agreement: general
9.Termination, expiry or variation of an integrated care provider contract
SCHEDULE 3
Consequential amendments
1.Amendment of the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 2004
2.Amendment of the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009
3.Amendment of the National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, Dental and Ophthalmic Services) Regulations 2010
4.Amendment of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013
5.Amendment of the National Health Service ( Clinical Commissioning Groups – Disapplication of Responsibility) Regulations 2013
6.Amendment to the National Health Service (Procurement, Patient Choice and Competition) (No 2) Regulations 2013
7.Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 2015
SCHEDULE 4
Revocations
1.The enactments specified in column 1 of the Table to...
Explanatory Note