The National Health Service (General Medical Services Supplementary List) Regulations 2001

Contents

362 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

1. 1 · Citation, commencement and application
   1. (1) These Regulations may be cited as the National Health Service (General Medical Services Supplementary List) Regulations 2001 and shall come into force on 14
   2. (2) These Regulations extend to England only.
2. 2 · Interpretation
   1. (1) In these Regulations, unless the context otherwise requires— • “Abolition of the Tribunal Regulations” means the Abolition of the National Health Service Tr
   2. (2) All references in these Regulations to sections are to sections of the National Health Service Act 1977 except where specified otherwise.
   3. (3) Unless the context requires otherwise—
3. 3 · Supplementary list
   1. (1) A Health Authority shall prepare and publish a supplementary list of all doctors approved by the Health Authority for the purposes of assisting in the provi
   2. (2) In respect of any doctor whose name is included in it, the list shall include—
   3. (3) The list shall be available for public inspection.
4. 4 · Application for inclusion in the supplementary list
   1. (1) An application by a doctor for the inclusion of his name on the supplementary list shall be made by sending the Health Authority an application in writing,
   2. (2) The doctor shall provide the following information—
   3. (3) The doctor shall provide the following undertakings and consents—
   4. (4) The doctor shall send with the application a declaration as to whether he— and if so, give details, including approximate dates, of where any investigation
   5. (5) If the doctor is, has in the preceding six months been, or was to his knowledge at the time of the originating events a director of a body corporate, he sha
   6. (6) The doctor shall consent to a request being made by the Health Authority to any employer or former employer, licensing, regulatory or other body in the Unit
5. 5 · Readmission
6. 6 · Grounds for refusal
   1. (1) The grounds on which a Health Authority may refuse to include a doctor in its supplementary list are—
   2. (2) The grounds on which a Health Authority must refuse to include a doctor in its supplementary list are—
   3. (3) Before making a decision on the application, the Health Authority shall—
   4. (4) Where the Health Authority is considering refusal of a doctor under paragraph (1) or (2) it shall consider all facts which appear to it to be relevant, and
   5. (5) When the Health Authority takes into consideration the matters set out in paragraph (4), they shall consider the overall effect of all the matters being con
   6. (6) When refusing to include a doctor in its list, the Health Authority shall notify the doctor of its decision and the reasons for it (including any facts reli
7. 7 · Deferment of decision on application
   1. (1) A Health Authority may defer a decision on an application to be included in the supplementary list received after 28th February 2002—
   2. (2) A Health Authority may only defer a decision under paragraph (1) above until the outcome of the relevant event mentioned in sub-paragraphs (a) to (k) is kno
   3. (3) The Health Authority must notify the applicant that it has deferred a decision on the application and the reasons for it.
   4. (4) Once the outcome of the relevant event mentioned in paragraph (1) is known, the Health Authority must notify the practitioner that he must update his applic
   5. (5) Provided any additional information has been received within the 28 days or the time agreed, the Health Authority shall notify the applicant as soon as poss
8. 8 · Conditional Inclusion
   1. (1) A Health Authority may determine that if a person is to be included in the supplementary list, he is to be subject, while he remains included in the list, t
   2. (2) Failure to comply with a condition may lead to the removal of the doctor from the list.
   3. (3) Where the Health Authority is considering the removal of a doctor for breach of a condition, it shall—
   4. (4) If there are no representations within the period specified in paragraph (3)(c), the Health Authority shall inform the doctor of its decision, the reasons f
   5. (5) If there are representations, the Health Authority must take them into account before reaching its decision, and notifying the doctor of its decision, the r
   6. (6) If the doctor requests an oral hearing, this must take place before the Health Authority reaches its decision, and the Health Authority must then notify the
   7. (7) When the Health Authority notifies the doctor of any decision, it shall inform him that if he wishes to exercise a right of appeal, he has 28 days from the
   8. (8) The Health Authority shall also notify the doctor of his right to have the decision reviewed in accordance with regulation 14.
   9. (9) Where the Health Authority determines that the doctor may be included in the list but subject to conditions imposed under this regulation, or that a doctor
9. 9 · Requirements with which a doctor on the supplementary list must comply
   1. (1) The doctor shall make a declaration to the Health Authority in writing within 7 days of its occurrence if he— and if so, give details, including approximate
   2. (2) If the doctor is, or was in the preceding six months, or was to his knowledge at the time of the originating events a director of a body corporate, he shall
   3. (3) The doctor shall consent to a request being made by the Health Authority to any employer or former employer, licensing, regulatory or other body in the Unit
10. 10 · Removal from supplementary list
    1. (1) The Health Authority must remove the doctor where it becomes aware that— and shall notify the doctor immediately that it has done so.
    2. (2) Where a Health Authority is notified by the FHSAA that it has considered— the Health Authority shall remove the doctor and shall notify the doctor immediate
    3. (3) The Health Authority may remove a doctor from the supplementary list where any of the conditions set out below is satisfied.
    4. (4) The conditions mentioned in paragraph (3) are—
    5. (5) In addition to the services covered by the definition of “health scheme” in section 49F(8), the following shall also be health schemes—
    6. (6) A Health Authority may also remove a doctor if—
    7. (7) Where the doctor cannot demonstrate that he has assisted in the provision of general medical services within the area of the Health Authority during the pre
    8. (8) In calculating the period of twelve months referred to in paragraph (7), the Health Authority shall disregard any period—
    9. (9) Where a Health Authority is considering removing a doctor under paragraphs (3) to (7) of this regulation, or contingently removing a doctor under regulation
    10. (10) Where the Health Authority decides to remove a doctor under paragraph (7), the doctor shall not be removed from the list for a period of three months start
    11. (11) If there are no representations within the period specified in paragraph (9)(c), the Health Authority shall inform the doctor of its decision, the reasons
    12. (12) If there are representations, the Health Authority must take them into account before reaching its decision, and notifying the doctor of its decision, the
    13. (13) If the doctor requests an oral hearing, this must take place before the Health Authority reaches its decision, and the Health Authority must then notify th
    14. (14) When the Health Authority notifies the doctor of any decision, it shall inform him that if he wishes to exercise a right of appeal, he has 28 days from the
    15. (15) The Health Authority shall also notify the doctor of his right to have the decision reviewed in accordance with regulation 14.
11. 11 · Criteria for removal
    1. (1) Where a Health Authority is considering whether to remove a doctor using the power in regulation 10(4)(c) (an unsuitability case), it shall consider the inf
    2. (2) The criteria referred to in paragraph (1) are—
    3. (3) Where a Health Authority is considering removal of a doctor under regulation 10(4)(b), a fraud case, it shall consider the information from the practitioner
    4. (4) The criteria referred to in paragraph (3) are—
    5. (5) Where a Health Authority is considering removal of a doctor under regulation 10(4)(a), an efficiency case, it shall consider the information from the practi
    6. (6) The criteria referred to in paragraph (5) are—
    7. (7) In making any decision under regulation 10, the Health Authority shall take into account the overall effect of any relevant incidents and offences relating
    8. (8) When making a decision on any condition in regulation 10, the Health Authority shall state in its decision on which condition it relies.
12. 12 · Contingent removal
    1. (1) In an efficiency case or a fraud case the Health Authority may, instead of deciding to remove a doctor from its list, decide to remove him contingently.
    2. (2) If it so decides, it must impose such conditions as it may decide on his inclusion in the list with a view to—
    3. (3) If the Health Authority determine the doctor has failed to comply with a condition, it may decide to—
13. 13 · Suspension
    1. (1) If a Health Authority is satisfied that it is necessary to do so for the protection of members of the public or is otherwise in the public interest, it may
    2. (2) In a case falling within paragraph (1)(a), the Health Authority must specify a period not exceeding six months as the period of suspension.
    3. (3) In a case falling within paragraph (1)(b), the Health Authority may specify that the doctor remains suspended after the decision referred to there for an ad
    4. (4) The period of suspension may extend beyond six months if—
    5. (5) If the FHSAA does so order, it shall specify—
    6. (6) The FHSAA may, on the application of the Health Authority, make a further order (complying with paragraph (5)) at any time while the period of suspension pu
    7. (7) If the Health Authority suspends a doctor in a case falling within paragraph (1)(c) or (d), the suspension has effect from the date the Health Authority gav
    8. (8) The Health Authority may extend the period of suspension under paragraph (1)(a) or impose a further period of suspension under paragraph (3) so long as the
    9. (9) The effect of a suspension is that while a doctor is suspended under these Regulations he is to be treated as not being included in the list even though his
    10. (10) The Health Authority may at any time revoke the suspension, and inform the doctor of its decision.
    11. (11) Where a Health Authority is considering suspending a doctor or varying the period of suspension under this regulation, it shall—
    12. (12) If the doctor does not wish to have an oral hearing or does not attend the oral hearing, the Health Authority shall inform him of its decision and the reas
    13. (13) If an oral hearing does take place, the Health Authority shall take into account any representations made before it reaches its decision.
    14. (14) The Health Authority may suspend the doctor with immediate effect following the hearing.
    15. (15) The Health Authority shall notify the doctor of its decision and the reasons for it (including any facts relied upon).
    16. (16) The Health Authority shall inform the doctor of any right of review under regulation 14.
    17. (17) During a period of suspension, the doctor may be paid by the Health Authority in accordance with a determination by the Secretary of State or a person appo
14. 14 · Reviews
    1. (1) A Health Authority may, and if requested in writing to do so by the doctor must, review a Health Authority decision to—
    2. (2) A practitioner may not request a review of a Health Authority decision until the expiry of a three month period beginning with the date of the Health Author
    3. (3) After a review has taken place, the practitioner cannot request a further review before the expiry of six months from the date of the decision on the last r
    4. (4) If a Health Authority decides to review its decision under this regulation to conditionally include, contingently remove or suspend a practitioner, it shall
    5. (5) If there are no representations within the period specified in paragraph (4)(c), the Health Authority shall inform the doctor of its decision, the reasons f
    6. (6) If there are representations, the Health Authority must take them into account before reaching its decision.
    7. (7) The Health Authority shall notify the doctor of its decision, the reasons for it (including any facts relied upon), any right of appeal under regulation 15
    8. (8) If a Health Authority decides to review its decision to impose conditions under regulation 8, the Health Authority may vary the conditions, impose different
    9. (9) If a Health Authority decides to review its decision to impose a contingent removal under regulation 12, the Health Authority may vary the conditions, impos
    10. (10) If a Health Authority decides to review its decision to suspend a doctor under regulation 13(1)(a) or (b), the Health Authority may decide to impose condit
15. 15 · Appeals
    1. (1) A doctor may appeal (by way of redetermination) to the FHSAA against a decision of a Health Authority mentioned in paragraph (2) by giving notice in writing
    2. (2) The Health Authority decisions in question are—
    3. (3) On appeal the FHSAA may make any decision which the Health Authority could have made.
    4. (4) Where the decision of the FHSAA on appeal is that conditions be imposed on the doctor on inclusion in the list, whether or not those conditions are identifi
    5. (5) If the doctor notifies the Health Authority that he does wish to be included in the supplementary list subject to the condition or conditions, the Health Au
    6. (6) Where the FHSAA on appeal decides to impose a contingent removal—
16. 16 · Notification
    1. (1) Where a Health Authority— it shall notify the persons and bodies specified in paragraph (2), and shall notify those specified in paragraph (3), if so reques
    2. (2) Where paragraph (1) applies, a Health Authority shall notify—
    3. (3) Where paragraph (1) applies, the Health Authority shall notify any person or body that can establish that it is considering employing the doctor in a profes
    4. (4) The matters referred to in paragraph (1) are—
    5. (5) The Health Authority shall send to the doctor concerned a copy of any information about him provided to the persons or bodies listed in paragraph (2) or (3)
    6. (6) Where the Health Authority has notified any of the persons or bodies specified in paragraph (2) or (3) of the matters set out in paragraph (4), it may in ad
    7. (7) Where a Health Authority is notified by the FHSAA that it has imposed a national disqualification on a doctor who was on its list or had applied to be inclu
    8. (8) Where a decision is changed on review or appeal, the Health Authority shall notify the persons or bodies that were notified of the original decision of the
17. 17 · Amendment of or withdrawal from list
    1. (1) A doctor shall, unless it is impracticable for him to do so, give notice to the Health Authority within 28 days of any occurrence requiring a change in the
    2. (2) Where a doctor intends to withdraw from the list, unless it is impracticable for him to do so, he shall give notice in writing to the Health Authority at le
    3. (3) A doctor shall give notice in writing to the Health Authority that he intends to withdraw from the list if he is accepted on to the medical or services list
    4. (4) The Health Authority shall—
    5. (5) A doctor may withdraw a notice given pursuant to paragraph (1) or (2) at any time until the Health Authority removes his name from the list.
    6. (6) A notice given pursuant to paragraph (3) may not be withdrawn.
18. 18 · Amendment of or withdrawal from list
    1. (1) Where a Health Authority is investigating a doctor— the doctor may not withdraw from any list kept by any Health Authority in which he is included, except w
    2. (2) Where a Health Authority has decided to remove a doctor from a list under regulation 10(3) to (6) or contingently remove under regulation 12, but has not ye
    3. (3) Where a Health Authority has suspended a doctor under regulation 13(1)(b), the doctor may not withdraw from any list kept by any Health Authority in which h
19. 19 · Payments to suspended doctors
20. 20 · National disqualification
    1. (a) on making a decision to impose a national disqualification, the FHSAA states that it is of the opinion that the criminal or professional conduct of the doct
    2. (b) on the last review by the FHSAA of a national disqualification the doctor was unsuccessful and the FHSAA states that it is of the opinion that there is no r
    3. (c) the FHSAA states that it is of the opinion that because a criminal conviction considered by the FHSAA in reaching the decision that has effect has been quas
    4. (d) the FHSAA is of the opinion that because the decision of a licensing, regulatory or other body has been quashed or the penalty reduced on appeal, there is a