Part I Organisation
F1Persons performing primary medical services
17PPersons performing primary medical services
1
Regulations may provide that a health care professional of a prescribed description may not perform any primary medical service which a Health Board is, under section 2C(1), under a duty to provide or secure the provision of unless that professional is included in a list maintained under the regulations by the Health Board.
2
For the purposes of this section, “health care professional” means a member of a profession regulated by a body for the time being mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17).
3
Regulations under subsection (1) may make provision in relation to such lists and in particular as to—
a
the preparation, maintenance and publication of a list;
b
eligibility for inclusion in a list;
c
applications for inclusion (including provision for the procedure for applications to be made and dealt with and the documents to be supplied on application);
d
the grounds on which an application for inclusion may or must be granted or refused;
e
requirements with which a person included in a list must comply (including requirements as to standards of performance and patient care and as to declarations, consents or undertakings);
f
suspension or removal from a list (including the grounds for and consequences of suspension or removal);
g
circumstances in which a person included in a list may not withdraw from it;
h
payments to be made by a Health Board in respect of a person suspended from the list (including provision for the amount of, or the method of calculating, the payment to be determined by the Scottish Ministers);
i
the criteria to be applied in making decisions under the regulations;
j
appeals against decisions made by a Health Board under the regulations;
k
disclosure of information about applicants for inclusion, refusals of applications, or suspensions, removals or references to the Tribunal.
4
Regulations making provision as to the matters referred to in subsection (3)(k) may in particular authorise the disclosure of information—
a
by a Health Board to the Scottish Ministers; and
b
by the Scottish Ministers to a Health Board.
S. 17P and cross-heading inserted (13.2.2004 for certain purposes otherwise 1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 5(2), 9(1); S.S.I. 2004/58, art. 2(1)(3), Sch.