The Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004

1Citation and commencement

2Interpretation

PART 2CONTRACTORS

3Conditions: General

4Conditions relating solely to medical practitioners

5General condition relating to all contracts

8Prescribed period under Article 15C(b)(iii) of the Order

PART 3PRE-CONTRACT DISPUTE RESOLUTION

9Pre-contract disputes

PART 4HEALTH SERVICES BODY STATUS

10Health services body status

PART 5CONTRACTS: REQUIRED TERMS

11Parties to the contract

12Health and social services contract

13Contracts with individuals practising in partnership

15Essential services

16Additional services

17Opt outs of additional and out of hours services

18Services generally

19(1) Except in the case of the services referred to...

20A contract must contain a term which requires the contractor...

23The contract must contain a term to the effect that...

24Fees and charges

25Arrangements on termination

26Other contractual terms

PART 6FUNCTIONS OF LOCAL MEDICAL COMMITTEES

27(1) The functions of a Local Medical Committee which are...

PART 7TRANSITIONAL PROVISIONS

29Additional services

30Out of hours services

31(1) Where the contract is with –

32A contract which includes the provision of out of hours...

SCHEDULE 1ADDITIONAL SERVICES

1Additional services generally

2Cervical screening

3Contraceptive services

4Vaccinations and immunisations

5Childhood vaccinations and immunisations

6Child health surveillance

7Maternity medical services

SCHEDULE 2OPT OUTS OF ADDITIONAL AND OUT OF HOURS SERVICES

1Opt outs of additional services: general

2Temporary opt outs and permanent opt outs following temporary opt outs

3Permanent opt outs

4Out of hours opt outs where the opt out notice is served after 30th September 2004

5Out of hours opt outs where the opt out notice is served before 1st October 2004

6Informing patients of opt outs

SCHEDULE 3LIST OF PRESCRIBED MEDICAL CERTIFICATES

SCHEDULE 4FEES AND CHARGES

1The contractor may demand or accept a fee or other...

SCHEDULE 5OTHER CONTRACTUAL TERMS

PART 1provision of services

2Attendance at practice premises

3Attendance outside practice premises

4Newly registered patients

5Patients not seen within three years

6Patients aged 75 years and over

7Clinical reports

8Storage of vaccines

9Infection control

10Criteria for out of hours services

11Standards for out of hours services

12Duty of co-operation in relation to additional, enhanced and out of hours services

13Where a contractor is to cease to be required to...

14List of patients

15Application for inclusion in a list of patients

16Temporary residents

17Refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident

18Patient preference of practitioner

19Removal from the list at the request of the patient

20Removal from the list at the request of the contractor

21Removals from the list of patients who are violent

22Removals from the list of patients registered elsewhere

23Removals from the list of patients who have moved

24Where the address of a patient who is on the...

25Removals from the list of patients absent from the United Kingdom etc.

26Removals from the list of patients accepted elsewhere as temporary residents

27Removals from the list of pupils etc. of a school

28Termination of responsibility for patients not registered with the contractor

29Closure of lists of patients

30Approval of closure notice by the Board

31Rejection of closure notice by the Board

32Assignment of patients to lists: open lists

33Assignment of patients to lists: closed lists

34Factors relevant to assignments

35Assignments to closed lists: determinations of the assessment panel

36Assignments to closed lists: dispute resolution procedure relating to determinations of the assessment panel

37Assignments to closed lists: assignments of patients by a Board

PART 3prescribing and dispensing

39(1) Subject to paragraphs 40 and 41, a prescriber shall...

40Restrictions on prescribing by medical practitioners

41Restrictions on prescribing by supplementary prescribers

42Interpretation of paragraphs 38, 39, 40 and 41

43Excessive prescribing

44Provision of dispensing services

45Terms relating to the provision of dispensing services

46Dispensing contractor list

47Provision of drugs, medicines and appliances for immediate treatment or personal administration

PART 4persons who perform services

48Qualifications of performers

49No health care professional other than one to whom paragraph...

50Where the registration of a health care professional or, in...

51No health care professional shall perform any clinical services unless...

52Conditions for employment and engagement

53(1) A contractor shall not employ or engage –

54(1) The contractor shall not employ or engage a health...

55(1) Before employing or engaging any person to assist him...

57The contractor shall afford to each employee reasonable opportunities to...

58Terms and conditions

59Arrangements for GP Registrars

60Independent nurse prescribers and supplementary prescribers

61Signing of documents

62Level of skill

63Appraisal and assessment

64Sub-contracting of clinical matters

65Sub-contracting of out of hours services

66Withdrawal and variation of approval under paragraph 65

67(1) Without prejudice to any other remedies which it may...

PART 5records, information, notifications and rights of entry

68Patient records

69Access to records for the purpose of the Quality Information Preparation Scheme

70Confidentiality of personal data

71Practice leaflet

72Provision of information

73Inquiries about prescriptions and referrals

74Reports to a medical officer

75Annual return and review

76Notifications to the Board

77The contractor shall, unless it is impracticable for him to...

78The contractor shall notify the Board in writing of any...

79Notice provisions specific to a contract with a company limited by shares

80Notice provisions specific to a contract with two or more individuals practising in partnership

81Notification of deaths

82Notifications to patients following variation of the contract

83Entry and inspection by the Board

PART 6complaints

84Complaints procedure

85Making of complaints

86Where a patient has died a complaint may be made...

87Period for making complaints

88Further requirements for complaints procedures

89Co-operation with investigations

90Provision of information about complaints

PART 7dispute resolution

91Local resolution of contract disputes

92Dispute resolution: non-HSS contracts

93Dispute resolution procedure

94Determination of dispute

95Interpretation of Part 7

PART 8variation and termination of contracts

96Variation of a contract: general

97Variation provisions specific to a contract with an individual medical practitioner

98Variation provisions specific to a contract with two or more individuals practising in partnership

99Termination by agreement

100Termination by the contractor

101Late payment notices

102Termination by the Board: general

103Termination by the Board for breach of conditions in regulation 4

104Termination by the Board for the provision of untrue etc. information

105Other grounds for termination by the Board

106The Board may serve notice in writing on the contractor...

106ATermination by the Board for unlawful sub-contracting

107Termination by the Board: remedial notices and breach notices

108Termination by the Board: additional provisions specific to contracts with two or more individuals practising in partnership and companies limited by shares

109Contract sanctions

110Contract sanctions and the dispute resolution procedure

111Termination and the dispute resolution procedure

112Consultation with the Local Medical Committee

PART 9miscellaneous

113Clinical governance

115The contractor shall at all times hold adequate public liability...

117Compliance with legislation and guidance

118Third party rights

SCHEDULE 6OUT OF HOURS SERVICES

1Temporary arrangements for transfer of obligations and liabilities in relation to certain out of hours services

2Application for approval of an out of hours arrangement

3Effect of approval of an arrangement with a transferee out of hours services provider

4Review of approval

5Immediate withdrawal of approval other than following review

6Termination of an out of hours arrangement

SCHEDULE 7CLOSURE NOTICE

SCHEDULE 8INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS

1The name of the contractor.

2In the case of a contract with a partnership –...

3In the case of a contract with a company –...

4The full name of each person performing services under the...

5In the case of each health care professional performing services...

6Whether the contractor undertakes the teaching or training of health...

7The contractor’s practice area , by reference to a sketch,...

8The address of each of the practice premises.

9The contractor’s telephone and fax numbers and the address of...

10Whether the practice premises have suitable access for disabled patients...

11How to register as a patient.

12The right of patients to express a preference of practitioner...

13The services available under the contract.

14The opening hours of the practice premises and the method...

15The criteria for home visits and the method of obtaining...

16The consultations available to patients under paragraphs 5 and 6...

17The arrangements for services in the out of hours period...

18If the services in paragraph 17 are not provided by...

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

20If the contractor is a dispensing contractor, the arrangements for...

21How patients may make a complaint or comment on the...

22The rights and responsibilities of the patient, including keeping appointments....

23The action that may be taken where a patient is...

24Details of who has access to patient information (including information...

25The name, address and telephone number of the Board which...

2004 No. 140

HEALTH AND PERSONAL SOCIAL SERVICES

The Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004

Made29th March 2004

Coming into operation29th March 2004

The Department of Health, Social Services and Public Safety1, in exercise of the powers conferred on it by Articles 15C(1)(b)(iii), 55B(7), 57A, 57B, 57E, 57F, 106 and 107(6) of the Health and Personal Social Services (Northern Ireland) Order 19722 and Article 8(6) of the Health and Personal Social Services (Northern Ireland) Order 19913 and of all other powers enabling it in that behalf, in conjunction with the Department of Finance and Personnel, hereby makes the following Regulations: