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The National Health Service (Personal Medical Services Agreements) Regulations 2004

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation, commencement and application

    2. 2.Interpretation

  3. PART 2 AGREEMENTS

    1. 3.Conditions: introductory

    2. 4.Conditions relating solely to medical practitioners

    3. 5.General condition relating to all agreements

    4. 6.Reasons

    5. 7.Appeal

  4. PART 3 PRE-AGREEMENT DISPUTE RESOLUTION

    1. 8.Pre-agreement disputes

  5. PART 4 HEALTH SERVICE BODY STATUS

    1. 9.Health service body status

  6. PART 5 AGREEMENTS: REQUIRED TERMS

    1. 10.Health service contract

    2. 11.Agreements: general

    3. 12.Certificates

    4. 13.Finance

    5. 14.The agreement must contain a term to the effect that...

    6. 15.Fees and charges

    7. 16.Opt outs of out of hours services

    8. 17.Consequences of termination

    9. 18.Other contractual terms

  7. PART 6 RIGHT TO A GENERAL MEDICAL SERVICES CONTRACT

    1. 19.Right to a general medical services contract

  8. PART 7 TRANSITIONAL PROVISIONS

    1. 20.Out of hours services

    2. 21.An agreement which includes the provision of out of hours...

  9. Signature

    1. SCHEDULE 1

      REPEAT DISPENSING FORMS

      1. PART 1

      2. PART 2

    2. SCHEDULE 2

      LIST OF PRESCRIBED MEDICAL CERTIFICATES

    3. SCHEDULE 3

      FEES AND CHARGES

    4. SCHEDULE 4

      OPT OUTS OF OUT OF HOURS SERVICES

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

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

      3. 3.Informing patients of opt outs

    5. SCHEDULE 5

      OTHER CONTRACTUAL TERMS

      1. PART 1 PROVISION OF SERVICES

        1. 1.Services to registered patients

        2. 2.Premises

        3. 3.Attendance at practice premises

        4. 4.Attendance outside practice premises

        5. 5.Clinical reports

        6. 6.Storage of vaccines

        7. 7.Infection control

        8. 8.Criteria for out of hours services

        9. 9.Standards for out of hours services

        10. 10.Duty of co-operation

        11. 11.Where a contractor is to cease to be required to...

      2. PART 2 PATIENTS

        1. 12.General Provision

        2. 13.List of patients

        3. 14.Application for inclusion in a list of patients

        4. 15.Temporary residents

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

        6. 17.Patient preference of practitioner

        7. 18.Removal from the list at the request of the patient

        8. 19.Removals from the list at the request of the contractor

        9. 20.Removals from the list of patients who are violent

        10. 21.Removals from the list of patients registered elsewhere

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

        12. 23.Where the address of a patient who is on the...

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

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

        15. 26.Removals from a list of pupils etc of a school

        16. 27.Termination of responsibility for patients not registered with the contractor

        17. 28.Closure of lists of patients

        18. 29.Approval of closure notice

        19. 30.Rejection of closure notice

        20. 31.Assignment of patients to lists: open lists

        21. 32.Assignment of patients to lists: closed lists

        22. 33.Factors relevant to assignments

        23. 34.Assignments to closed lists: determinations of the assessment panel

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

        25. 36.Assignments to closed lists: assignments of patients

      3. PART 3 PRESCRIBING AND DISPENSING

        1. 37.Prescribing

        2. 38.(1) Subject to paragraphs 39 and 40, a prescriber shall...

        3. 39.Repeatable prescribing services

        4. 40.Repeatable prescriptions

        5. 41.Restrictions on prescribing by medical practitioners

        6. 42.Restrictions on prescribing by supplementary prescribers

        7. 43.Bulk prescribing

        8. 44.Excessive prescribing

        9. 45.Dispensing services: general

        10. 46.Provision of dispensing services by contractors other than Primary Care Trusts

        11. 47.Consent to dispense

        12. 48.Contractors who previously provided dispensing services under pilot schemes or section 28C arrangements or a general medical services contract

        13. 49.Provision of dispensing services by Primary Care Trusts

        14. 50.Terms relating to the provision of dispensing services

        15. 51.Dispensing contractor list

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

      4. PART 4 PERSONS WHO PERFORM SERVICES

        1. 53.Qualifications of performers

        2. 54.No health care professional other than one to whom paragraph...

        3. 55.Where the registration of a health care professional or, in...

        4. 56.No health care professional shall perform any clinical services unless...

        5. 57.Conditions for employment and engagement

        6. 58.(1) The contractor shall not employ or engage—

        7. 59.(1) The contractor shall not employ or engage a health...

        8. 60.(1) Before employing or engaging any person to assist it...

        9. 61.Training

        10. 62.The contractor shall afford to each employee reasonable opportunities to...

        11. 63.Arrangements for GP Registrars

        12. 64.Doctors with provisional registration

        13. 65.Independent nurse prescribers and supplementary prescribers

        14. 66.Signing of documents

        15. 67.Level of skill

        16. 68.Appraisal and assessment

        17. 69.Sub-contracting of clinical matters

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

        1. 70.Patient records

        2. 71.Confidentiality of personal data

        3. 72.Contractor’s leaflet

        4. 73.Provision of information

        5. 74.Requests for information from Patients' Forums

        6. 75.Inquiries about prescriptions and referrals

        7. 76.Reports to a medical officer

        8. 77.Annual return and review

        9. 78.Notifications to the relevant body

        10. 79.The contractor (other than a Primary Care Trust) shall, unless...

        11. 80.Notice provisions specific to an agreement with a qualifying body

        12. 81.Notification of deaths

        13. 82.Notifications to patients following variation of the agreement

        14. 83.Entry and inspection by the relevant body

        15. 84.Entry and inspection by members of Patients' Forums

        16. 85.Entry and inspection by the Commission for Healthcare Audit and Inspection

      6. PART 6 COMPLAINTS

        1. 86.Complaints procedure

        2. 87.Making of complaints

        3. 88.Where a patient has died a complaint may be made...

        4. 89.Period for making complaints

        5. 90.Further requirements for complaints procedures

        6. 91.Co-operation with investigations

        7. 92.Provision of information about complaints

      7. PART 7 DISPUTE RESOLUTION

        1. 93.Local resolution of agreement disputes

        2. 94.Dispute resolution: non-NHS contracts

        3. 95.NHS dispute resolution procedure

        4. 96.Determination of dispute

        5. 97.Interpretation of Part 7

      8. PART 8 VARIATION AND TERMINATION OF AGREEMENTS

        1. 98.Variation of an agreement: general

        2. 99.Termination by agreement

        3. 100.Termination by notice

        4. 101.Late payment notices

        5. 102.Termination by the relevant body: general provisions

        6. 103.Termination by the relevant body for breach of conditions in regulation 4

        7. 104.Termination by the relevant body for the provision of untrue etc information

        8. 105.Termination by the relevant body on fitness grounds

        9. 106.Termination by the relevant body where there is a serious risk to the safety of patients or risk of financial loss to the relevant body

        10. 107.Termination by the relevant body: remedial notices and breach notices

        11. 108.Termination by the relevant body: additional provisions specific to agreements with qualifying bodies

        12. 109.Agreement sanctions

        13. 110.Agreement sanctions and the NHS dispute resolution procedure

        14. 111.Termination and the NHS dispute resolution procedure

      9. PART 9 MISCELLANEOUS

        1. 112.Clinical governance

        2. 113.Insurance

        3. 114.The contractor shall at all times hold adequate public liability...

        4. 115.Compliance with legislation and guidance

        5. 116.Third party rights

        6. 117.Gifts

    6. SCHEDULE 6

      OUT OF HOURS TRANSITIONAL PROVISIONS

      1. 1.Out of hours arrangements

      2. 2.Application for approval of an out of hours arrangement

      3. 3.Review of approval

      4. 4.Suspension of approval

      5. 5.Immediate withdrawal of approval other than following review

      6. 6.Suspension or termination of an out of hours arrangement

    7. SCHEDULE 7

      MODIFICATION OF PATIENT PROVISIONS WHERE THE CONTRACTOR IS A PRIMARY CARE TRUST

      1. 1.Part 2 of Schedule 5 shall apply as modified by...

      2. 2.As if paragraph 13 were substituted as follows— Lists of...

      3. 3.In paragraph 14— (a) as if sub-paragraphs (2) and (5)...

      4. 4.In paragraph 15, as if sub-paragraph (4) were omitted.

      5. 5.In paragraph 16(4), as if the reference to the Primary...

      6. 6.As if paragraphs 18 to 20 were substituted as follows—...

      7. 7.In paragraph 21 as if— (a) in sub-paragraph (1) the...

      8. 8.As if paragraph 22 were substituted as follows— Removals from...

      9. 9.As if paragraph 23 were omitted.

      10. 10.In paragraph 24, as if— (a) in sub-paragraph (1) the...

      11. 11.In paragraph 25 as if— (a) in sub-paragraph (1), the...

      12. 12.In paragraph 26 as if— (a) in sub-paragraph (1) the...

      13. 13.In paragraph 27 as if— (a) references to “the contractor”...

      14. 14.For paragraphs 28 to 36 there shall be substituted— Closure...

    8. SCHEDULE 8

    9. SCHEDULE 9

      PRIMARY CARE TRUSTS SPECIFIEDFOR THE PURPOSES OF REPEATABLE PRESCRIBING

    10. SCHEDULE 10

      INFORMATION TO BE INCLUDED IN A CONTRACTOR'S LEAFLET

      1. 1.The name of the party or parties comprising the contractor....

      2. 2.In the case of an agreement where a qualifying body...

      3. 3.The full name of each person performing services under the...

      4. 4.In the case of each health care professional performing services...

      5. 5.Whether the contractor undertakes the teaching or training of health...

      6. 6.Where the contractor provides essential services its practice area, by...

      7. 7.The address of each of the contractor’s premises.

      8. 8.The contractor’s telephone and fax number and the address of...

      9. 9.Whether the contractor’s premises have suitable access for disabled patients...

      10. 10.How to register as a patient.

      11. 11.The right of patients to express a preference of practitioner...

      12. 12.The services available under the agreement.

      13. 13.The opening hours of the contractor’s premises and the method...

      14. 14.The criteria for home visits and the method of obtaining...

      15. 15.The arrangements for services in the out of hours period...

      16. 16.Where the contractor is other than a Primary Care Trust,...

      17. 17.The name and address of any local walk-in centre.

      18. 18.The telephone number of NHS Direct and details of NHS...

      19. 19.The method by which patients are to obtain repeat prescriptions....

      20. 20.If the contractor offers repeatable prescribing services, the arrangements for...

      21. 21.If the contractor is a dispensing contractor, the arrangements for...

      22. 22.How patients may make a complaint or comment on the...

      23. 23.The rights and responsibilities of the patient, including keeping appointments....

      24. 24.The action that may be taken where a patient is...

      25. 25.Details of who has access to patient information (including information...

      26. 26.The name, address and telephone number of the relevant body...

      27. 27.The fact that details of primary medical services in the...

  11. Explanatory Note

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