National Health Service (General Ophthalmic Services) (Amendment) (Wales) Regulations 2002

Insertion of Schedule 1A

9.  After Schedule 1, insert—

regulation 7(1)

“Schedule 1A Information, undertakings and authority to be given when applying to be included in the ophthalmic list

1.   Full name

2.   Sex

3.   Date of birth

4.   Private address

5.   Qualifications and where obtained

6.   Professional registration number

7.— (a) Information on whether—

(i) the ophthalmic medical practitioner or optician has any criminal convictions in the United Kingdom;

(ii) the ophthalmic medical practitioner or optician has been bound over following a criminal conviction in the United Kingdom;

(iii) the ophthalmic medical practitioner or optician has accepted a police caution in the United Kingdom;

(iv) the ophthalmic medical practitioner or optician has been convicted elsewhere of an offence, or what would constitute a criminal offence if committed in the United Kingdom, or is subject to a penalty which would be the equivalent of being bound over or cautioned;

(v) the ophthalmic medical practitioner or optician is currently the subject of any proceedings which might lead to such a conviction, which have not yet been notified to the Health Authority;

(vi) the ophthalmic medical practitioner or optician has been subject to any investigation into the professional conduct of the ophthalmic medical practitioner or optician by any licensing, regulatory or other body anywhere in the world, where the outcome was adverse;

(vii) the ophthalmic medical practitioner or optician is currently subject to any investigation into the professional conduct of the ophthalmic medical practitioner or optician by any licensing, regulatory or other body anywhere in the world;

(viii) the ophthalmic medical practitioner or optician has been subject to an investigation into the professional conduct of the ophthalmic medical practitioner or optician in respect of any current or previous employment where the outcome was adverse;

(ix) the ophthalmic medical practitioner or optician is currently subject to an investigation into the professional conduct of the ophthalmic medical practitioner or optician in respect of any current or previous employment;

(x) the ophthalmic medical practitioner or optician is to the knowledge of the ophthalmic medical practitioner or optician, or has been where the outcome was adverse, subject to any investigation by National Health Service Counter Fraud Service in relation to a fraud case,

(xi) and if so, give details of any investigation or proceedings which were or are to be brought, including the nature of the investigation or proceedings , where and approximately when that investigation or those proceedings took place or are to take place, and any outcome;

(b) if the ophthalmic medical practitioner or optician is, has in the preceding six months been, or was at the time of the originating events, a director of a body corporate, information on whether—

(i) it has any criminal convictions in the United Kingdom;

(ii) it has been convicted elsewhere of an offence, or what if committed in the United Kingdom, would constitute a criminal offence or is subject to a penalty which will be the equivalent of being bound over or cautioned;

(iii) it is currently the subject of any proceedings which might lead to such a conviction, which have not yet been notified to the Health Authority;

(iv) it has been subject to any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world, where the outcome was adverse;

(v) it is currently subject to any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world;

(vi) it has been, to the knowledge of the ophthalmic medical practitioner or optician, subject to any investigation by the National Health Service Counter Fraud Service in relation to a fraud case where the outcome was adverse,

and if so, give the name and registered office of the body corporate and details of any investigation or proceedings which were or are to be brought, including the nature of the investigation or proceedings, where and approximately when that investigation or those proceedings took place or are to take place, and any outcome.

8.   Professional experience (including starting and finishing dates of each appointment, with an explanation of any gaps between appointments), and an explanation of why the ophthalmic medical practitioner or optician was dismissed from any post.

9.   Names and addresses of two referees who are willing to provide references in respect of two recent posts (which may include any current post) as an ophthalmic medical practitioner or optician, which lasted for at least three months without a significant break, and where this is not possible, a full explanation and alternative referees.

10.   If the ophthalmic medical practitioner or optician is not in the Health Authority’s ophthalmic list, the name of any Health Authority in whose dental, medical, pharmaceutical, supplementary or services list the ophthalmic medical practitioner or optician is included, or from any of whose lists the ophthalmic medical practitioner or optician has been removed or contingently removed or is currently suspended, or to any of whose lists the ophthalmic medical practitioner or optician has been refused admission or conditionally included, with an explanation as to why, and particulars of any outstanding or deferred application for inclusion in the ophthalmic list, or any other list of a Health Authority, with the name of the Health Authority in question.

11.   If the applicant is the director of any body corporate that is included in any list of any Health Authority, or equivalent lists, or which has an outstanding application (including a deferred application) for inclusion in any list of any Health Authority or equivalent list, the name and registered office of any such body.

12.   Any other information the Health Authority may reasonably require.

13.   An undertaking to—

(a) be bound by the terms of service;

(b) notify the Health Authority within 7 days of any material changes to the information provided in the application until that application is finally determined;

(c) supply the information required by paragraph 6A in Schedule 1.

14.   Provide all necessary authority to enable a request to be made by the Health Authority to any employer (or former employer), licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, by them into the doctor or a body corporate referred to in sub-paragraph (5).”.