PART 2TRANSITIONAL PROVISIONS RELATING TO GENERAL MEDICAL SERVICES

Patient records19

1

Where, on 31st March 2004, a relevant medical practitioner had the written consent of the Primary Care Trust to the keeping of computerised records under paragraph 36 of Schedule 2 to the 1992 Regulations37 and that consent had not been withdrawn, that consent shall be regarded as written consent to the succeeding contractor for the purposes of —

a

the term of its general medical services contract which gives effect to paragraph 73 of Schedule 6 to the 2004 Regulations; or

b

the equivalent term of the default contract.

2

Where—

a

on or before 31st March 2004, a Primary Care Trust had requested a relevant medical practitioner to send it the records relating to a patient under paragraph 36(6) of Schedule 2 to the 1992 Regulations; and

b

on 31st March 2004 that request had not yet been complied with,

the records requested shall be sent by the succeeding contractor to the Primary Care Trust as soon as possible.

3

Where, on or before 31st March 2004, a relevant medical practitioner had been informed of the death of a patient on its list by the Primary Care Trust or had otherwise learned of the death of such a patient but on 31st March 2004 had not yet sent that patient’s records to the Primary Care Trust in accordance with paragraph 36(6)(b) of Schedule 2 to the 1992 Regulations, those records shall be sent to the Primary Care Trust by the succeeding contractor—

a

in a case in which the relevant medical practitioner was informed of the death by the Primary Care Trust, within 14 days of the date on which he was so informed; or

b

in any other case, within one month of the date on which the relevant medical practitioner learned of the death.