The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004

Publication Date:January 01, 2004
 
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2004No. 478 (W.48)

NATIONAL HEALTH SERVICE, WALES

The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004

26thFebruary2004

1stMarch2004

ARRANGEMENT OF REGULATIONS

PART 1

GENERAL

1.

Citation, commencement and application.

2.

Interpretation.

PART 2

CONTRACTORS

3.

Conditions : General

4.

Conditions relating solely to medical practitioners.

5.

General condition relating to all contracts.

6.

Reasons.

7.

Appeal.

8.

Prescribed period under section 28D(1)(bc) of the Act.

PART 3

PRE-CONTRACT DISPUTE RESOLUTION

9.

Pre-contract disputes.

PART 4

HEALTH SERVICE BODY STATUS

10.

Health service body status.

PART 5

CONTRACTS : REQUIRED TERMS

11.

Parties to the contract.

12.

Health service contract.

13.

Contracts with individuals practising in partnership.

14.

Duration.

15.

Essential services.

16.

Additional services.

17.

Opt outs of additional and out of hours services.

18-20.

Services generally.

21.

Certificates.

22-23.

Finance.

24.

Fees and charges.

25.

Arrangements on termination.

26.

Other contractual terms.

PART 6

FUNCTIONS OF LOCAL MEDICAL COMMITTEES

27.

Functions of Local Medical Committees.

PART 7

TRANSITIONAL PROVISIONS

28.

Commencement.

29.

Additional services.

30-32.

Out of hours services.

Schedule 1 -

Repeat Dispensing Forms

Part 1 -

Repeatable Prescription

Part 2 -

Batch Issue

Schedule 2 -

Additional services

1.

Additional services generally.

2.

2.Cervical screening.

3.

Contraceptive services.

4.

Vaccinations and immunisations.

5.

Childhood vaccinations and immunisations.

6.

Child health surveillance.

7.

Maternity medical services.

8.

Minor surgery.

Schedule 3 -

Opt outs of additional and out of hours services

1.

Opt outs of additional services : general.

2.

Temporary opt outs and permanent opt outs following temporary opt outs.

3.

Permanent opt outs.

4.

Out of hours opt outs where the opt out notice is served after 30th September 2004.

5.

Out of hours opt outs where the opt out notice is served before 1st October 2004.

6.

Informing patients of opt outs.

Schedule 4 -

List of prescribed medical certificates

Schedule 5 -

Fees and charges

Schedule 6 -

Other contractual terms

Part 1 -

Provision of services

1.

Premises.

2.

Attendance at practice premises.

3.

Attendance outside practice premises.

4.

Newly registered patients.

5.

Patients not seen within three years.

6.

Patients aged 75 years and over.

7.

Clinical reports.

8.

Storage of vaccines.

9.

Infection control.

10.

Criteria for out of hours services.

11.

Standards for out of hours services

12-13.

Duty of co-operation in relation to additional, enhanced and out of hours services.

Part 2 -

Patients

14.

List of patients.

15.

Application for inclusion in a list of patients.

16.

Temporary residents.

17.

Refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident.

18.

Patient preference of practitioner.

19.

Removal from the list at the request of the patient.

20.

Removal from the list at the request of the contractor.

21.

Removal of from the list of patients who are violent.

22.

Removals from the list of patients registered elsewhere.

23.-24.

Removals from the list of patients who have moved.

25.

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

26.

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

27.

Removals from the list of pupils etc of a school.

28.

Termination of responsibility for patients not registered with the contractor.

29.

Closure of lists of patients.

30.

Approval of closure notice by the Local Health Board.

31.

Rejection of closure notice by the Local Health Board.

32.

Assignment of patients to lists : open lists.

33.

Assignment of patients to lists : closed lists.

34.

Factors relevant to assignments.

35.

Assignments to closed lists : determinations of the assessment panel.

36.

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

37.

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

Part 3 -

Prescribing and dispensing

38-39.

Prescribing.

40.

Repeatable prescribing services.

41.

Repeatable prescriptions.

42.

42.Restrictions on prescribing by medical practitioners.

43.

Restrictions on prescribing by supplementary prescribers.

44.

Bulk prescribing.

45.

Interpretation of paragraphs 38, 39 and 41 to 44.

46.

Excessive prescribing.

47.

Provision of dispensing services.

48.

Consent to dispense.

49.

Terms relating to the provision of dispensing services.

50.

Dispensing contractor.

51.

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

Part 4 -

Persons who perform services

52.-55.

Qualifications of performers.

56.-59.

Conditions for employment and engagement

60.-61.

Training.

62.

Terms and conditions.

63.

Arrangements for GP Registrars.

64.

Independent nurse prescribers and supplementary prescribers.

65.

Signing of documents.

66.

Level of skill.

67.

Appraisal and assessment.

68.

Sub-contracting of clinical matters.

69.

Sub-contracting of out of hours services.

70-71.

Withdrawal and variation of approval under paragraph 69.

Part 5 -

Records, information, notification and rights of entry

72.

Patient records.

73.

Access to records for the purpose of the Quality Information Preparation Scheme.

74.

Confidentiality of personal data.

75.

75.Practice leaflet.

76.

Provision of information.

77.

Inquiries about prescriptions and referrals.

78.

Reports to a medical officer.

79.

Annual return and review.

80-82.

Notifications to the Local Health Board.

83.

Notice provisions specific to a contract with a company limited by shares.

84.

Notice provisions specific to a contract with two or more individuals practising in partnership.

85.

Notification of deaths.

86.

Notifications to patients following variation of the contract.

87.

Entry and Inspection by the Local Health Board.

88.

Entry and Inspection by members of Community Health Councils.

89.

Entry and Inspection by the Commission for Healthcare Audit and Inspection and by the National Assembly for Wales.

Part 6 -

Complaints

90.

Complaints procedure.

91-92.

Making of complaints.

93.

Period for making complaints.

94.

Further requirements for complaints procedures.

95.

Co-operation with investigations.

96.

Provision of Information about complaints.

Part 7 -

Dispute resolution

97.

Local resolution of contract disputes.

98.

Dispute resolution : non-NHS contacts.

99.

NHS dispute resolution procedure.

100.

Determination of dispute.

101.

Interpretation of Part 7.

Part 8 -

Variation and termination of contracts

102.

Variation of a contract : general.

103.

Variation provisions specific to a contract with an individual medical practitioner.

104.

Variation provisions specific to a contract with two or more individuals practising in partnership.

105.

Termination by agreement.

106.

Termination by the contractor.

107.

Late Payments notice.

108.

Termination by the Local Health Board : general.

109.

Termination by the Local Health Board for breach of conditions in regulation 4.

110.

Termination by the Local Health Board for the provision of untrue etc information.

110.

Termination by the Local Health Board for the provision of untrue etc information.

111-112.

Other grounds for termination by One Local Health Board.

113.

Termination by the Local Health Board : remedial notices and breach notices.

114.

Termination by the Local Health Board : additional provisions specific to contracts with two or more individuals practising in partnership and companies limited by shares.

115.

Contract sanctions.

116.

Contract sanctions and the NHS dispute resolution procedure.

117.

Termination and the NHS dispute resolution procedure.

118.

Consultation with the Local Medical Committee.

Part 9 -

Miscellaneous

119.

Clinical governance.

120-121.

Insurance.

122.

Gifts.

123.

Compliance with legislation and guidance.

124.

Third party rights

Schedule 7 -

Out of hours services

1.

Temporary arrangements for transfer of obligations and liabilities in relation to certain out of hours services.

2.

Application for approval of an out of hours arrangement.

3.

Effect of approval.

4.

Review of approval.

5.

Immediate withdrawal of approval other than following review.

6.

Suspension or termination of an out of hours arrangement.

Schedule 8 -

Closure notice

Schedule 9 -

Local Health Boards specified for the purposes of repeatable prescribing

Schedule 10 -

Information to be included in practice leaflets

The National Assembly for Wales, in exercise of the powers conferred upon it by sections 28D(1)(bc), 28R, 28S, 28V, 28W, 45A(9) and 126(4) of the National Health Service Act 1977( 1) , and section 4(5) of the National Health Service and Community Care Act 1990( 2) hereby makes the following Regulations:

PART 1

GENERAL

Citation, commencement and application

1. - (1) These Regulations may be cited as the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 and shall come into force on 1st March 2004.

(2) These Regulations apply in relation to Wales only.

Interpretation

2. - (1) In these Regulations -

"the Act" means the National Health Service Act 1977;

"the 1990 Act" means the National Health Service and Community Care Act 1990;

"the 2003 Order" means the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003( 3);

"Abolition of the Tribunal Regulations" means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001( 4);

"Abolition of the Tribunal (Wales) Regulations" means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002( 5);

"additional services" means one or more of...

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