The Health and Personal Social Services (General Medical Services Contracts) (Miscellaneous Amendments) Regulations (Northern Ireland) 2005

Amendment of Schedule 5 to the GMS Contracts Regulations

9.—(1) Schedule 5 (other contractual terms) to the GMS Contracts Regulations shall be amended as provided in the following paragraphs.

(2) In paragraph 7 (Clinical reports), at the end insert –

“(3) This paragraph does not apply in relation to out of hours services provided by a contractor on or after 1st May 2005.”.

(3) In paragraph 21 (Removals from the list of patients who are violent), in sub-paragraph (6) –

(a) line 2, delete “the contractor”, insert “he”;

(b) in sub-paragraph (6)(a), in the second place where it occurs, delete “it”, insert “him”; and

(c) in sub-paragraph (6)(b), delete “it”, insert “he”.

(4) In paragraph 31 (Rejection of closure notice by the Board), after sub-paragraph (8) insert –

“(8A) Subject to sub-paragraph (8B), the contractor’s list of patients shall remain closed for the period specified by the assessment panel in accordance with sub-paragraph (8)(b).

(8B) The contractor’s list of patients shall re-open before the expiry of the period mentioned in sub-paragraph (8A) if –

(a) the number of the contractor’s registered patients falls to the number specified by the assessment panel in accordance with sub-paragraph (8)(b) as the number of registered patients which, if that number were reached, would trigger the re-opening of the contractor’s list of patients; or

(b) the Board and the contractor agree that the list of patients should re-open.

(8C) If the contractor’s list of patients has re-opened pursuant to sub-paragraph (8B)(a), it shall nevertheless close again if, during the period specified by the assessment panel as the period for which the list should remain closed, the number of the contractor’s registered patients rises to the number specified by the assessment panel in accordance with sub-paragraph (8)(b) as the number of registered patients which, if that number were reached, would trigger the re-closure of the contractor’s list of patients.

(8D) Except in cases where the contractor’s list of patients is already open pursuant to paragraph (8B), the Board shall notify the contractor in writing between seven and fourteen days before the expiry of the closure period specified in paragraph (8A), confirming the date on which the contractor’s list of patients will re-open.”.

(5) After paragraph (39), insert –

“Repeatable prescribing services

39A.— (1) The contractor may only provide repeatable prescribing services to any person on its list of patients if he –

(a) satisfies the conditions in sub-paragraph (2); and

(b) has notified the Board of his intention to provide repeatable prescribing services in accordance with sub-paragraphs (3) and (4).

(2) The conditions referred to in sub-paragraph (1)(a) are –

(a) the contractor holds a contract with a Board

(b) the contractor has access to computer systems and software which enable him to issue repeatable prescriptions and batch issues; and

(c) the practice premises at which the repeatable prescribing services are to be provided are located in an area of the Board in which there is also located the premises of at least one chemist who has undertaken to provide, or has entered into an arrangement to provide, repeat dispensing services.

(3) The notification referred to in sub-paragraph (1)(b) is a notification, in writing, by the contractor to the Board that he –

(a) wishes to provide repeatable prescribing services; and

(b) intends to begin to provide those services from a specified date; and

(c) satisfies the conditions in sub-paragraph (2).

(4) The date specified by the contractor pursuant to sub-paragraph (3)(b) must be at least ten days after the date on which the notification specified in sub-paragraph (1) is given.

(5) Nothing in this paragraph requires a contractor or prescriber to provide repeatable prescribing services to any person.

(6) A prescriber may only provide repeatable prescribing services to a person on a particular occasion if –

(a) that person has agreed to receive such services on that occasion; and

(b) the prescriber considers that it is clinically appropriate to provide such services to that person on that occasion.

(7) The contractor may not provide repeatable prescribing services to any patient of his to whom –

(a) he is authorised or required by the Board to provide dispensing services under paragraph 44; or

(b) any of the persons specified in sub-paragraph (8) is authorised or required by the Board under regulation 12 of the Pharmaceutical Regulations to provide pharmaceutical services.

(8) The persons referred to in sub-paragraph (7) are –

(a) in the case of a contract with an individual medical practitioner, that medical practitioner;

(b) in the case of a contract with two or more individuals practising in partnership, any medical practitioner who is a partner;

(c) in the case of a contract with a company, any medical practitioner who is a legal and beneficial shareholder in that company; or

(d) any medical practitioner employed by the contractor.

Repeatable prescriptions

39B.— (1) A prescriber who issues a repeatable prescription must at the same time issue the appropriate number of batch issues.

(2) A prescriber who has provided repeatable prescribing services to a person must, as soon as is practicable, notify that person, and make reasonable efforts to contact the chemist providing repeat dispensing services to that person, if –

(a) he makes any change to the type, quantity, strength or dosage of drugs, medicines or appliances ordered on that person’s repeatable prescription; or

(b) he considers that it is no longer appropriate or safe for that person to receive the drugs, medicines or appliances ordered on his repeatable prescription, or no longer appropriate or safe for him to continue to receive repeatable prescribing services.

(3) If a prescriber provides repeatable prescribing services to a person in respect of whom he has previously issued a repeatable prescription which has not yet expired (for example, because that person wishes to obtain the drugs, medicines or appliances from a different chemist), the prescriber must make reasonable efforts to notify the chemist which has in its possession the repeatable prescription which is no longer required.

(4) If a prescriber has issued a repeatable prescription in respect of a person, and (before the expiry of that repeatable prescription) it comes to his notice that that person has been removed from the list of patients of the contractor on whose behalf the prescription was issued, that prescriber must –

(a) notify that person; and

(b) make reasonable efforts to notify the chemist who has been providing repeat dispensing services to that person, that the repeatable prescription should no longer be used to obtain or provide repeat dispensing services.”

(6) In paragraph 45 (terms relating to the provision of dispensing services), in sub-paragraph (8) –

(a) in paragraph (a), for “(3)(a)” substitute “(2)(a) of paragraph 45 of Schedule 5 to the GMS Regulations”;

(b) in paragraph (b), for “(5)” substitute “(4) of that paragraph”; and

(c) in paragraph (d), for “medical practitioner” substitute “contractor”.

(7) In paragraph 48 (qualifications of performers), in sub-paragraph (2) for paragraph (c) substitute –

“(c) a GP Registrar who has applied to a Board to have his name included in its primary medical services performers list until the first of the following events arises –

(i) the Board notifies him of its decision on that application; or

(ii) the end of a period of two months, starting with and including the date on which his vocational training scheme began.”;

and at the end, add –

“(3) In this paragraph, “vocational training scheme” has the meaning given in regulation 2 of the Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland ) 2004(1).”.

(8) In paragraph 59 (Arrangements for GP Registrars), in sub-paragraph (1), omit “for the purpose of being trained by a GP Trainer with the agreement of the Department and”.

(9) In paragraph 61 (Signing of documents), in sub-paragraph (2)(b), after “prescription forms” insert “and repeatable prescriptions”.

(10) In paragraph 66 (Withdrawal and variation of approval under paragraph 65), for sub-paragraph (2) substitute –

“(2) A notice served under sub-paragraph (1) shall take effect on the date on which it is received by the contractor.”

(11) In paragraph 71 (Practice leaflet), in sub-paragraph (a) for “Schedule 7”, substitute “Schedule 8”.

(12) In paragraph 72 (Provision of information), at the end insert –

“(3) The contractor shall produce the information requested, or, as the case may be, allow access to it –

(a) by such date as has been agreed as reasonable between the contractor and the Board; or

(b) in the absence of such agreement, within 28 days of the request being made.”.

(13) In paragraph 73 (Inquiries about prescriptions and referrals), in sub-paragraph (1)(a), after “prescription form” insert “or repeatable prescription”.

(14) In paragraph 75 (Annual return and review) after sub-paragraph (1), insert –

“(1A) Subject to Article 50 (annual returns and reviews) of the General Medical Services Transitional and Consequential Provisions (No. 2) (Northern Ireland) Order 2004(2), one such return may be requested by the Board at any time during each financial year in relation to such period (not including any period covered by a previous annual return) as may be specified in the request.

(1B) The contractor shall submit the completed return to the Board –

(a) by such date as has been agreed as reasonable between the contractor and the Board; or

(b) in the absence of such agreement, within 28 days of the request being made;”. and

(15) In paragraph 83 (Entry and inspection by the Board), in sub-paragraph (3), after “the Board may, if” insert “he or”.

(16) In paragraph 90 (Provision of information about complaints) –

(a) renumber the existing provision as sub-paragraph (1); and

(b) after that provision, insert –

“(2) This paragraph does not apply in relation to out of hours services provided by a contractor on or after 1st May 2005.”.

(17) In paragraph 93 (Dispute resolution procedure)

(a) in sub-paragraph (6), after “the matter” insert “under dispute”; and

(b) in sub-paragraph (9)(a), for “he” substitute “it”.

(18) In paragraph 114 (Insurance), in sub-paragraph (3)(b) for “an employee of his in connection with clinical services which that employee” substitute “a person employed or engaged by him in connection with clinical services which that person”.

(19) In paragraph 116 (Gifts), the unnumbered paragraph after sub-paragraph (2)(f) shall be numbered “(g)”.

(1)

S.R. 2004 No. 149

(2)

S.R. 2004 No. 156