National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment Regulations 2001

Amendment of 1986 Regulations

11.—(1) Schedule 1 (terms of service) shall be amended in accordance with the following provisions.

(2) In paragraph 2 (incorporation of provisions)—

(a) for sub-paragraph (b)(iii) substitute—

“(iii) the investigation of excessive issuing of optical vouchers following a sight test;”;

(b) for sub-paragraph (c) substitute—

• “regulation 9 of the Natonal Health Service (Optical Charges and Payments) Regulations 1997;(1)”.

(3) In paragraph 3 (premises at which general ophthalmic services are to be provided), for sub-paragraph (2) substitute—

“(2) Where requested to do so by or on behalf of a patient, who is—

(a) unable to leave home unaccompanied because of physical or mental illness or disability, a contractor may agree to provide general ophthalmic services at the place at which the patient normally resides; or

(b) attending a day centre, a contractor may agree to provide general ophthalmic services at that day centre.”.

(4) After paragraph 3 insert the following paragraph—

“Visits

3A.— (1) In the case of mobile practices, a contractor shall give the relevant Health Authority notice in accordance with sub-paragraph (2) of any visits which he intends to make to provide general ophthalmic services to at least three persons at day centres or in residential centres in its locality.

(2) The contractor shall notify the Health Authority at least a month in advance of the beginning of the month in which he intends to visit any establishment in its locality and the intervals at which he intends to make return visits.”.

(5) In paragraph 4 (premises and equipment)—

(a) in sub-paragraph (1) after “Subject to” insert “sub-paragraph (1A) and”;

(b) after sub-paragraph (1) insert—

“(1A) In the case of a mobile practice, the contractor shall provide suitable equipment for the provision of the general ophthalmic services which he has undertaken to provide.”;

(c) in sub-paragraph (2) after “Subject to” insert “sub-paragraph (2A) and”;

(d) after sub-paragraph (2) insert—

“(2A) In the case of a mobile practice, the contractor, on receipt of a written request from the relevant Health Authority, shall arrange for an authorised officer of the Secretary of State or of the Health Authority to be allowed to inspect at a reasonable time the facilities and equipment that he uses.”.

(6) In paragraph 5 (notices), for “the National Health Service (Optical Charges and Payments) Regulations 1989” substitute “the National Health Service (Optical Charges and Payments) Regulations 1997”.

(7) For paragraph 6 (records) substitute—

“6.— (1) A contractor shall keep a proper record in respect of each patient to whom he provides general ophthalmic services, giving appropriate details of sight testing.

(2) Subject to paragraph 8(5), a contractor shall retain all such records for a period of seven years, and shall during that period produce them when required to do so by a Health Authority or the Secretary of State—

(a) to an officer authorised by the Secretary of State;

(b) within such period, not being less than 14 days, as the Health Authority or Secretary of State may specify.”.

(8) In paragraph 10 (testing of sight), in sub-paragraph (2) for “he shall so inform the patient’s doctor” substitute “he shall, if appropriate, and with the consent of the patient, inform the patient’s doctor of his opinion.”

(1)

S.I. 1997/818, which consolidated with amendments the National Health Service (Optical Charges and Payments) Regulations 1989 (S.I. 1989/396).