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The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004

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  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation, commencement and application

    2. 2.Interpretation

  3. PART 2 CONTRACTORS

    1. 3.Subject to the provisions of any order made by the...

    2. 4.Conditions : General

    3. 5.General condition relating to all contracts

    4. 6.Reasons

    5. 7.Appeal

    6. 8.Prescribed period under section 28D(1)(bc) of the Act

  4. PART 3 PRE-CONTRACT DISPUTE RESOLUTION

    1. 9.Pre-contract disputes

  5. PART 4 HEALTH SERVICE BODY STATUS

    1. 10.Health service body status

  6. PART 5 CONTRACTS: REQUIRED TERMS

    1. 11.Parties to the contract

    2. 12.Health service contract

    3. 13.Contracts with individuals practising in partnership

    4. 14.Duration

    5. 15.Essential services

    6. 16.Additional services

    7. 17.Opt outs of additional and out of hours services

    8. 18.Services generally

    9. 19.(1) Except in the case of the services referred to...

    10. 20.A contract must contain a term which requires the contractor...

    11. 21.Certificates

    12. 22.Finance

    13. 23.

    14. 24.Fees and charges

    15. 25.Arrangements on termination

    16. 26.Other contractual terms

  7. PART 6 FUNCTIONS OF LOCAL MEDICAL COMMITTEES

    1. 27.(1) The functions of a Local Medical Committee which are...

  8. PART 7 TRANSITIONAL PROVISIONS

    1. 28.Commencement

    2. 29.Additional services

    3. 30.Out of hours services

    4. 31.(1) Where the contract is with —

    5. 32.A contract which includes the provision of out of hours...

  9. Signature

    1. SCHEDULE 1

      REPEAT DISPENSING FORMS

      1. PART 1 REPEATABLE PRESCRIPTION

      2. PART 2 BATCH ISSUE

    2. SCHEDULE 2

      ADDITIONAL SERVICES

      1. 1.The contractor shall provide, in relation to each additional service,...

      2. 2.(1) A contractor whose contract includes the provision of cervical...

      3. 3.(1) A contractor whose contract includes the provision of contraceptive...

      4. 4.(1) A contractor whose contract includes the provision of vaccinations...

      5. 5.(1) A contractor whose contract includes the provision of childhood...

      6. 6.(1) A contractor whose contract includes the provision of child...

      7. 7.(1) A contractor whose contract includes the provision of maternity...

      8. 8.(1) A contractor whose contract includes the provision of minor...

    3. SCHEDULE 3

      OPT OUTS OF ADDITIONAL AND OUT OF HOURS SERVICES

      1. 1.(1) In this Schedule — “opt out notice” means a...

      2. 2.(1) As soon as is reasonably practicable and in any...

      3. 3.(1) In this paragraph — “A day” is the day...

      4. 4.(1) This paragraph applies where a contractor wishes to serve...

      5. 5.(1) This paragraph shall apply where a contractor wishes to...

      6. 6.(1) Prior to any opt out taking effect, the Local...

    4. SCHEDULE 4

      LIST OF PRESCRIBED MEDICAL CERTIFICATES

    5. SCHEDULE 5

      FEES AND CHARGES

      1. 1.The contractor may, demand or accept, a fee or other...

    6. SCHEDULE 6

      OTHER CONTRACTUAL TERMS

      1. PART 1 PROVISION OF SERVICES

        1. 1.Subject to any plan which is included in the contract...

        2. 1A.Telephone services

        3. 1B.Cost of relevant calls

        4. 2.(1) The contractor shall take steps to ensure that any...

        5. 3.(1) In the case of a patient whose medical condition...

        6. 4.(1) Where a patient has been —

        7. 5.Where a registered patient who — (a) has attained the...

        8. 6.(1) Where a registered patient who —

        9. 7.(1) Where the contractor provides any clinical services, other than...

        10. 8.The contractor shall ensure that — (a) all vaccines are...

        11. 9.The contractor shall ensure that it has appropriate arrangements for...

        12. 10.A contractor whose contract includes the provision of out of...

        13. 11.(1) From 1st January 2005, a contractor which provides out...

        14. 11A.Supply of medicines etc. by contractors providing out of hours services

        15. 12.Duty of co-operation in relation to additional, enhanced and out of hours services

        16. 13.Where a contractor is to cease to be required to...

        17. 13A.Welsh Language

      2. PART 2 PATIENTS

        1. 14.The Local Health Board shall prepare and keep up to...

        2. 15.(1) The contractor may, if its list of patients is...

        3. 15A.Inclusion in list of patients: armed forces personnel

        4. 16.(1) The contractor may, if its list of patients is...

        5. 17.(1) The contractor shall only refuse an application made under...

        6. 18.(1) Where the contractor has accepted an application for inclusion...

        7. 19.(1) The contractor shall notify the Local Health Board in...

        8. 20.(1) Subject to paragraph 21, a contractor which has reasonable...

        9. 21.(1) A contractor which wishes a patient to be removed...

        10. 22.(1) The Local Health Board shall remove a patient from...

        11. 23.Removals from the list of patients who have moved

        12. 24.Where the address of a patient who is on the...

        13. 25.(1) The Local Health Board shall remove a patient from...

        14. 26.(1) The Local Health Board shall remove from the contractor’s...

        15. 27.(1) Where the contractor provides essential services under the contract...

        16. 28.(1) Where a contractor — (a) has received an application...

        17. 29.(1) A contractor which wishes to close its list of...

        18. 30.(1) If the Local Health Board approves the closure notice...

        19. 31.(1) This regulation applies where the Local Health Board rejects...

        20. 32.(1) A Local Health Board may, subject to paragraph 34,...

        21. 33.(1) A Local Health Board may not assign a new...

        22. 34.In making an assignment to a contractor under paragraph 32...

        23. 35.(1) This paragraph applies where most or all of the...

        24. 36.(1) Where an assessment panel makes a determination under paragraph...

        25. 37.(1) Before the Local Health Board may assign a new...

      3. PART 3 PRESCRIBING AND DISPENSING

        1. 38.Prescribing

        2. 39.(1) Subject to sub-paragraph (1A) and to paragraphs 42 and...

        3. 40.(1) The contractor may only provide repeatable prescribing services to...

        4. 41.(1) A prescriber who issues a repeatable prescription must at...

        5. 42.(1) In the course of treating a patient to whom...

        6. 43.(1) The contractor shall have arrangements in place to secure...

        7. 44.(1) Where (a) a contractor is responsible under the contract...

        8. 45.For the purposes of paragraphs 38, 39 and 41 to...

        9. 46.(1) The contractor shall not prescribe drugs, medicines and appliances...

        10. 47.(1) Without prejudice to any separate right one or more...

        11. 48.(1) A contractor which wishes to be granted the right...

        12. 49.(1) A contractor which has been granted the right to...

        13. 50.(1) Where the contractor is authorised or required by the...

        14. 51.(1) Subject to sub-paragraph (2), a contractor —

      4. PART 4 PERSONS WHO PERFORM SERVICES

        1. 52.Qualifications of performers

        2. 53.No health care professional other than one to which paragraph...

        3. 54.Where the registration of a health care professional or, in...

        4. 55. —.No health care professional shall perform any clinical services unless...

        5. 56.Conditions for employment and engagement

        6. 57.(1) A contractor shall not employ or engage —

        7. 58.(1) The contractor shall not employ or engage a health...

        8. 59.(1) Before employing or engaging any person to assist it...

        9. 60.Training

        10. 61.The contractor shall afford to each employee reasonable opportunities to...

        11. 62.The contractor shall only offer employment to a general medical...

        12. 63.(1) The contractor shall only employ a GP Registrar... subject...

        13. 64.Independent nurse prescribers [F1, nurse independent prescribers, pharmacist independent prescribers] [F2, physiotherapist independent prescriber, podiatrist or chiropodist independent prescriber] [F3, therapeutic radiographer independent prescriber] and supplementary prescribers

        14. 65.(1) In addition to any other requirements relating to such...

        15. 66.The contractor shall carry out its obligations under the contract...

        16. 67.(1) The contractor shall ensure that any medical practitioner performing...

        17. 68.(1) Subject to sub-paragraph (2), the contractor shall not sub-contract...

        18. 69.(1) A contractor shall not, otherwise than in accordance with...

        19. 70.Withdrawal and variation of approval under paragraph 69

        20. 71.(1) Without prejudice to any other remedies which it may...

      5. PART 5 RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY

        1. 72.(1) In this paragraph, “computerised records” means records created by...

        2. 73.(1) The contractor must provide access to its patient records...

        3. 74.The contractor shall nominate a person with responsibility for practices...

        4. 75.The contractor shall — (a) compile a document (in this...

        5. 76.Subject to sub-paragraph (2), the contractor shall, at the request...

        6. 77.(1) The contractor shall, subject to sub-paragraphs (2) and (3),...

        7. 78.(1) The contractor must, if satisfied that the patient consents—...

        8. 79.(1) The contractor shall submit an annual return relating to...

        9. 80.Notifications to the Local Health Board

        10. 81.The contractor shall, unless it is impracticable for it to...

        11. 82.The contractor shall notify the Local Health Board in writing...

        12. 83.(1) A contractor which is a company limited by shares...

        13. 84.(1) A contractor which is a partnership shall give notice...

        14. 85.(1) The contractor shall report in writing to the Local...

        15. 86.Where the contract is varied in accordance with Part 8...

        16. 87.(1) Subject to the conditions in sub-paragraph (2), the contractor...

        17. 88.The contractor shall allow members of a Community Health Council...

        18. 89.The contractor shall allow persons authorised by the Welsh Ministers...

      6. Part 5A Concerns notified on or after 1 April 2011

        1. 89A.The contractor must establish and operate arrangements which meet the...

      7. PART 6 COMPLAINTS

        1. 90.(1) In respect of any complaints made prior to 1...

        2. 91.Making of Complaints

        3. 92.Where a patient has died a complaint may be made...

        4. 93.(1) Subject to sub-paragraph (2), the period for making a...

        5. 94.(1) A complaints procedure shall also comply with the requirements...

        6. 95.(1) The contractor shall co-operate with —

        7. 96.(1) The contractor shall inform the Local Health Board, at...

      8. PART 7 DISPUTE RESOLUTION

        1. 97.(1) Subject to sub-paragraph (3), in the case of any...

        2. 98.(1) In the case of a contract that is not...

        3. 99.(1) Subject to sub-paragraph (2), the procedure specified in the...

        4. 100.(1) The determination of the adudicator and the reasons for...

        5. 101.(1) In this Part, “any dispute arising out of or...

      9. PART 8 VARIATION AND TERMINATION OF CONTRACTS

        1. 102.(1) Subject to Schedule 3, paragraphs 68(8), 69(8), 103, 104,...

        2. 103.(1) If a contractor which is an individual medical practitioner...

        3. 104.(1) Subject to sub-paragraph (4), where a contractor consists of...

        4. 105.The Local Health Board and the contractor may agree in...

        5. 105A.Termination on the death of an individual medical practitioner

        6. 106.(1) A contractor may terminate the contract by serving notice...

        7. 107.(1) The contractor may give notice in writing (a “late...

        8. 108.The Local Health Board may only terminate the contract in...

        9. 109.(1) Subject to sub-paragraph (1A), the Local Health Board shall...

        10. 110.The Local Health Board may serve notice in writing on...

        11. 111.Other grounds for termination by the Local Health Board

        12. 112.The Local Health Board may serve notice in writing on...

        13. 112A.Termination by the Local Health Board for unlawful sub-contracting

        14. 113.(1) Where a contractor has breached the contract other than...

        15. 114.(1) Where the contractor is a company limited by shares,...

        16. 115.(1) In this paragraph and paragraph 116, “contract sanction” means...

        17. 116.(1) If there is a dispute between the Local Health...

        18. 117.(1) Where the Local Health Board is entitled to serve...

        19. 118.(1) Whenever the Local Health Board is considering—

      10. PART 9 MISCELLANEOUS

        1. 119.(1) The contractor shall have an effective system of clinical...

        2. 120.Insurance

        3. 121.The contractor shall at all times hold adequate public liability...

        4. 122.(1) The contractor shall keep a register of gifts which...

        5. 123.The contractor shall — (a) comply with all relevant legislation...

        6. 124.The contract shall not create any right enforceable by any...

    7. SCHEDULE 7

      OUT OF HOURS SERVICES

      1. 1.(1) In this Schedule — “transferee doctor” means a person...

      2. 2.(1) An application to the Local Health Board for approval...

      3. 3.Where the Local Health Board has approved an out of...

      4. 4.(1) Where it appears to the Local Health Board that...

      5. 5.(1) The Local Health Board shall withdraw its approval of...

      6. 6.The contractor shall terminate an out of hours arrangement made...

    8. SCHEDULE 8

      CLOSURE NOTICE

      1. Application for List Closure From: Name of Contractor To: Name...

      2. In accordance with paragraph 29 of Schedule 6 to the...

      3. Signed....................

      4. For [Name of contractor]

    9. SCHEDULE 9

      LOCAL HEALTH BOARDS SPECIFIED FOR THE PURPOSES OF REPEATABLE PRESCRIBING

    10. SCHEDULE 10

      INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS

      1. 1.A practice leaflet shall include —

      2. 2.In the case of a contract with a partnership —...

      3. 3.In the case of a contract with a company —...

      4. 4.The full name of each person performing services under the...

      5. 5.In the case of each health care professional performing services...

      6. 6.Whether the contractor undertakes the teaching or training of health...

      7. 7.The contractor’s practice area , by reference to a sketch...

      8. 8.The address of each of the practice premises.

      9. 9.The contractor’s telephone and fax numbers and the address of...

      10. 10.Whether the practice premises have suitable access for disabled patients...

      11. 11.How to register as a patient.

      12. 12.The right of patients to express a preference of practitioner...

      13. 13.The services available under the contract.

      14. 14.The opening hours of the practice premises and the method...

      15. 15.The criteria for home visits and the method of obtaining...

      16. 16.The consultations available to patients under paragraphs 5 and 6...

      17. 17.The arrangements for services in the out of hours period...

      18. 18.If the services in paragraph 17 are not provided by...

      19. 19.The name and address of any local walk-in centre ....

      20. 20.The telephone number of NHS Direct and details of NHS...

      21. 21.The method by which patients are to obtain repeat prescriptions....

      22. 22.If the contractor offers repeatable prescribing services, the arrangements for...

      23. 23.If the contractor is a dispensing contractor the arrangements for...

      24. 24.How patients may— (1) in respect of complaints made prior...

      25. 25.The rights and responsibilities of the patient, including keeping appointments....

      26. 26.The action that may be taken where a patient is...

      27. 27.Details of who has access to patient information (including information...

      28. 28.The name, address and telephone number of the Local Health...

  11. Explanatory Note

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