The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2018

Document Number:2018 No. 212
 
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Scottish Statutory Instruments

National Health Service

Made

26 th June 2018

Laid before the Scottish Parliament

28 th June 2018

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 26 , 28 A(4) , 105(7) and 106(a) of the National Health Service (Scotland) Act 1978(1) and all other powers enabling them to do so.

Citation and commencement

  1. —(1) These Regulations may be cited as the National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2018.

    (2) Subject to paragraph (3) , these Regulations come into force on 1 st October 2018.

    (3) Regulations 3(b) , 5 , 7(1)(c) , (e) and (g) , 9 and 10(5) come into force on 1 st April 2019.

    Amendment of the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006

  2.   The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006(2) are amended in accordance with regulations 3 to 13.

  3.   In regulation 2(1) (interpretation)—

    (a) after the definition of “electronic communication” insert—

    ““emergency eye examination” means an eye examination carried out, in circumstances that in the professional judgement of an ophthalmic medical practitioner or optician constitute an emergency, on the day that a person presents under regulation 21 B or within a reasonable period thereof;”;

    (b) in the definition of “eye examination form”, for “a form supplied by a Health Board” substitute “an electronic form supplied by the Agency”;

    (c) after the definition of “general ophthalmic services” insert—

    ““Goldmann type tonometer” includes a Perkins type tonometer;”; and

    (d) in paragraph (b) of the definition of “supplementary eye examination”(3) , for “22(3 C)” substitute “22 A(2)”.

  4.   In regulation 7(1)(b) (application for inclusion in ophthalmic list and notification of changes) , for “3” substitute “3 , 3 A”.

  5.   In regulation 7(1)(b) , for “13(2)(b) , (3) and (4)” substitute “13(4) and (4 A)”.

  6.   Before regulation 22 (application for an eye examination) and under the heading for Part V (procedure for choosing contractor) insert—

    “Emergency eye examination

    21 B.—(1) Where a person presents to an ophthalmic medical practitioner or optician included in an Ophthalmic List in circumstances where that ophthalmic medical practitioner or optician considers it to be an emergency, that ophthalmic medical practitioner or optician—

    (a) must carry out an emergency eye examination; or

    (b) if unable to carry out an emergency eye examination, must, with the person’s agreement, take all reasonable steps to make an arrangement with—

    (i) another ophthalmic medical practitioner or optician on the Ophthalmic List to carry out an emergency eye examination; or

    (ii) a hospital or GP practice to examine the person,

    and when making the arrangement, must indicate the degree of urgency.

    (2) Before an ophthalmic medical practitioner or optician carries out an emergency eye examination under paragraph (1)(a) or (b)(i) , the person must make an application for an eye examination under regulation 22(1).”.

  7. —(1) In regulation 22 (application for an eye examination)—

    (a) in paragraph (1) , for “may” substitute “must”;

    (b) in paragraph (2)(4) , omit “provided for that purpose to contractors by the Board”;

    (c) for paragraph (2) substitute—

    “(2) The application must be made on an eye examination form and must be accompanied by a patient practice record form completed and signed by the applicant.”;

    (d) in paragraph (2 A)(5) , for “is submitted” substitute “will be submitted to the Agency under paragraph 13(1) of schedule 1”;

    (e) omit paragraph (2 A);

    (f) for paragraph (2 B)(6) substitute—

    “(2 B) Where paragraph (2 A) applies, the applicant must, before an eye examination, complete, sign and submit to the ophthalmic medical practitioner or optician a patient practice record form.”;

    (g) omit paragraph (2 B);

    (h) for paragraph (3)(b) substitute—

    “(b) unless the eye examination is an emergency eye examination, be satisfied that it is necessary.”; and

    (i) omit paragraphs (3 A) to (3 C)(7).

    (2) Paragraph (1)(b) , (d) and (f) ceases to have effect on the coming into force of paragraph (1) (c) , (e) and (g).

  8.   After regulation 22 insert—

    “Frequency of eye examinations

    22 A.—(1) Where an eye...

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