The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018

PART 1 PROVISION OF SERVICES

Premises

1.  Subject to any plan which is included in the agreement pursuant to regulation 19(3), the provider must ensure that the premises used for the provision of services under the agreement are—

(a) suitable for the delivery of those services; and

(b) sufficient to meet the reasonable needs of the provider’s patients.

Telephone services

2.—(1) The provider must not be a party to any contract or other arrangement under which the number for telephone services to be used—

(a) by patients to contact the practice for any purpose related to the agreement; or

(b) by any other person to contact the practice in relation to services provided as part of the health service,

starts with the digits 087, or 09 or consists of a personal number, unless the service is provided free to the caller.

(2) In this paragraph, “personal number” means a telephone number which starts with the number 070 followed by a further 8 digits.

Attendance outside practice premises

3.—(1) In the case of a patient whose medical condition is such that in the reasonable opinion of the provider—

(a) attendance on the patient is required; and

(b) it would be inappropriate for the patient to attend at the practice premises,

the provider must provide services to that patient at whichever in the provider’s judgement is the most appropriate of the places set out in sub-paragraph (2).

(2) The places referred to in sub-paragraph (1) are—

(a) the place recorded in the patient’s medical records as being the patient’s last home address or (where the patient’s medical record is not immediately available) the place confirmed by the patient as being the patient’s home address;

(b) such other place as the provider has informed the patient and the Health Board is the place where the provider has agreed to visit and treat the patient;

(c) where the provider has a list of patients, some other place in the provider’s practice area; or

(d) where the provider has no list of patients, some other place within the area specified in the agreement pursuant to regulation 19(1)(e).

(3) Nothing in this paragraph prevents the provider from—

(a) arranging for the referral of the patient without first seeing the patient, in a case where the medical condition of that patient makes that course of action appropriate; or

(b) visiting the patient in circumstances where this paragraph does not place the provider under an obligation to do so.

Clinical reports

4.—(1) Where the provider provides any clinical services other than under a private arrangement, to a patient and either—

(a) the provider has no list of patients; or

(b) the patient is not on the provider’s list of patients,

the provider must, as soon as reasonably practicable, provide a clinical report relating to the consultation and any treatment provided, to the Health Board.

(2) The Health Board must send any report received under sub-paragraph (1)—

(a) to the person with whom the patient is registered for the provision of essential services (or their equivalent); or

(b) if the person referred to in sub-paragraph (2)(a) is not known to it, to the Health Board in whose area the patient is resident.

Storage of vaccines

5.  The provider must ensure that—

(a) all vaccines are stored in a pharmaceutical refrigerator, designed for the purpose of storing vaccines or medicines, in accordance with the manufacturer’s instructions;

(b) all vaccine refrigerator is continually monitored and readings are taken on a calibrated maximum/minimum digital thermometer on all working days to ensure the temperature remains within the specified range of +2°C to +8°C; and

(c) it has regard to [F1 Public Health Scotland] Guidance on Vaccine Storage and Handling(1).

Textual Amendments

F1 Words in sch. 1 para. 5(c) substituted (1.4.2020) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(3)(b), sch. 2 para. 15(2) (with art. 4(4)(5))

[F2 Anaphylaxis training

5A.   The provider must ensure that all registered medical practitioners and registered nurses routinely employed or engaged by the provider are trained in the recognition and initial treatment of anaphylaxis.]

Textual Amendments

F2 Sch. 1 para. 5A inserted (18.10.2021) by The National Health Service (General Medical Services and Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/302), regs. 1, 16(a)

Infection control

6.  The provider must ensure that the provider has effective arrangements for infection control and decontamination.

[F3 Health Board support for providers

6A.— (1) The Health Board must provide the provider with support by providing the community treatment and care services and pharmacotherapy services.

(2) The extent and manner of the community treatment and care services and the pharmacotherapy services which the Health Board must provide in terms of sub-paragraph (1) are to be determined in accordance with such directions as the Scottish Ministers may give.

(3) Any support which the provider receives from a pharmacist independent prescriber supplied by the Health Board in connection with dispensing services which the provider provides (under paragraph 16 of schedule 1) is not to be treated as the provision of pharmacotherapy services.]

Textual Amendments

F3 Sch. 1 para. 6A inserted (28.5.2022) by The National Health Service (General Medical Services Contracts and Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/130), regs. 1(2), 18

Duty of co-operation in relation to primary medical services

7.—(1) A provider which does not provide to its patients—

(a) essential services;

(b) a particular additional service; F4 ...

(c) a particular enhanced service; [F5 or

(d) a particular vaccination service;]

must comply with the requirements specified in sub-paragraph (2).

(2) The requirements referred to in sub-paragraph (1) are that the provider must—

(a) co-operate, insofar as it is reasonable, with any person responsible for the provision of that service or those services; and

(b) comply in core hours with any reasonable request for information from such a person or from the Health Board relating to the provision of that service or those services.

Textual Amendments

F4 Word in sch. 1 para. 7(1) omitted (18.10.2021) by virtue of The National Health Service (General Medical Services and Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/302), regs. 1, 16(b)(i)

F5 Sch. 1 para. 7(1)(d) and word inserted (18.10.2021) by The National Health Service (General Medical Services and Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/302), regs. 1, 16(b)(ii)

Duty of co-operation in relation to primary medical services

8.  Where a provider will cease to be required to provide to its patients—

(a) essential services;

(b) a particular additional service; F6 ...

(c) a particular enhanced service; or

[F7 (d) a particular vaccination service;]

the provider must comply with any reasonable request for information relating to the provision of that service or those services made by the Health Board or by any person with whom the Board intends to make arrangements for the provision of such services.

Textual Amendments

F6 Word in sch. 1 para. 8 omitted (18.10.2021) by virtue of The National Health Service (General Medical Services and Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/302), regs. 1, 16(c)(i)

F7 Sch. 1 para. 8(d) inserted (18.10.2021) by The National Health Service (General Medical Services and Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/302), regs. 1, 16(c)(ii)

[F8 Duty of co-operation with Health Board support for providers

8A.   Where a Health Board is providing support under paragraph 6A (Health Board support for providers), the provider must—

(a) co-operate with the Health Board to allow the Health Board to provide pharmacotherapy services and community treatment and care services to the provider’s patients,

(b) comply in core hours with any reasonable request for information from the Health Board to the provider in relation to such support,

(c) provide to its patients any aspect of pharmacotherapy services and community treatment and care services which the Health Board is to provide under paragraph 6A(2) if the patient requires the services immediately to prevent injury or worsening of their clinical condition and Health Board provision is not immediately available.]

Textual Amendments

F8 Sch. 1 para. 8A inserted (28.5.2022) by The National Health Service (General Medical Services Contracts and Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/130), regs. 1(2), 19

(1)

The current version of the guidance is version 3.0, December 2017, and is available at http://www.hps.scot.nhs.uk/resourcedocument.aspx?id=6330.