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

Removal from the list at the request of the provider

11.—(1) Subject to paragraph 18, a provider which has reasonable grounds for wishing a patient to be removed from its list of patients which do not relate to the [F1 patient’s] race, gender, social class, age, religion, sexual orientation, appearance, disability or medical condition must—

(a) notify the Health Board in writing that it wishes to have the patient removed; and

(b) subject to sub-paragraph (2), notify the patient of its specific reasons for requesting removal.

(2) Where, in the reasonable opinion of the provider—

(a) the circumstances of the removal are such that it is not appropriate for a more specific reason to be given; and

(b) there has been an irrevocable breakdown in the relationship between the patient and the provider,

the reason given under sub-paragraph (1) may consist of a statement that there has been such a breakdown.

(3) Except in the circumstances described in sub-paragraph (4), a provider may only request a removal under sub-paragraph (1) if, within the period of 12 months prior to the date of the provider’s request to the Health Board, the provider [F2 has warned the patient that the patient is at risk of removal and explained to the patient the reasons for this.]

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The circumstances referred to in sub-paragraph (3) are that—

(a) the reason for the removal relates to a change of address;

(b) the provider has reasonable grounds for believing that the issue of such a warning would–

(i) be harmful to the physical or mental health of the patient; or

(ii) put at risk the safety of a person specified in sub-paragraph (5); or

(c) it is, in the opinion of the provider, not otherwise reasonably practicable for a warning to be given.

(5) The persons referred to in sub-paragraph (4) are—

(a) an individual that is a party to the agreement;

(b) a partner in a partnership that is a party to the agreement;

(c) a member of a limited liability partnership that is a party to the agreement;

(d) a member of a company that is a party to the agreement;

(e) a member of the provider’s staff;

(f) a person engaged by the provider to perform or assist in the performance of services under the agreement; or

(g) any other person present—

(i) on the practice premises; or

(ii) in the place where services are being provided to the patient under the agreement.

(6) The provider must record in writing—

(a) the date of any warning given in accordance with sub-paragraph (3) and the reasons for giving such a warning as explained to the patient; or

(b) the reason why no such warning was given.

(7) The provider must keep a written record of refusals under this paragraph which is to include—

(a) the reason for removal given to the patient;

(b) the circumstances of the removal; and

(c) in cases where sub-paragraph (2) applies, the grounds for a more specific reason not being appropriate,

and must make this record available to the Health Board on request.

(8) A removal requested in accordance with sub-paragraph (1)will, subject to sub-paragraph (9) take effect from whichever is the earlier of the following dates—

(a) the date on which the Health Board receives notification of the registration of the person with another provider (by any arrangement) of essential services (or their equivalent); or

(b) the eighth day after the Health Board receives the notice referred to in sub-paragraph (1)(a).

(9) Where, on the date on which the removal would take effect under sub-paragraph (8), the provider is treating the patient at intervals of less than 7 days, the provider must notify the Health Board in writing of the fact and the removal will take effect on whichever is the earlier of the following dates—

(a) the eighth day after the Health Board receives notification from the provider that the person no longer needs such treatment; or

(b) the date on which the Health Board receives notification of the registration of the person with another provider (by any arrangement) of essential services or their equivalent.

(10) The Health Board must notify in writing—

(a) the patient; and

(b) the provider,

that the patient’s name has been or will be removed from the provider’s list of patients on the date referred to in sub-paragraph (8) or (9).

Textual Amendments

F1 Word in sch. 2 para. 11(1) substituted (1.4.2018) by The National Health Service (General Medical Services Contracts and Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/94), regs. 1, 16(b)(i)

F2 Words in sch. 2 para. 11(3) substituted (1.4.2018) by The National Health Service (General Medical Services Contracts and Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/94), regs. 1, 16(b)(ii)(aa)

F3 Sch. 2 para. 11(3)(a) omitted (1.4.2018) by virtue of The National Health Service (General Medical Services Contracts and Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/94), regs. 1, 16(b)(ii)(bb)

F4 Sch. 2 para. 11(3)(b) omitted (1.4.2018) by virtue of The National Health Service (General Medical Services Contracts and Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/94), regs. 1, 16(b)(ii)(cc)