Health Insurance
(Performers List for General Medical Practitioners) (Jersey)
Regulations 2014
Made 9th July 2014
Coming into force 1st
October 2014
THE STATES, in pursuance of Article 27A of the Health Insurance (Jersey) Law 1967[1], and following consultation by
the Minister for Health and Social Services in accordance with paragraph (13)
of that Article, have made the following Regulations –
PART 1
INTERPRETATION
1 Interpretation
(1) In
these Regulations –
“1960 Law” means the
Medical Practitioners (Registration) (Jersey) Law 1960[2];
“1967 Law” means the
Health Insurance (Jersey) Law 1967[3];
“additional conditions”, in relation to a performer,
means conditions, other than the general conditions, imposed under these Regulations
on the performer’s inclusion or continued inclusion in the performers
list;
“applicant”
means an applicant for inclusion in the performers list;
“concern”
has the meaning given in Regulation 12;
“determining officer” shall be construed in accordance
with Regulation 2;
“enhanced criminal record
certificate” means such a certificate issued under section 113B
of the Police Act 1997 of the United Kingdom as extended to Jersey, with
modifications, by The Police Act 1997 (Criminal Records) (Jersey) Order 2010[4];
“equivalent list” means a list of medical
practitioners maintained pursuant to regulations made under –
(a) section 91 of the National Health Service Act 2006
of the United Kingdom;
(b) section 17P of the National Health Service (Scotland)
Act 1978;
(c) section 49 of the National Health Service (Wales) Act 2006;
or
(d) article 57G of the Health and Personal Social Services
(Northern Ireland) Order 1972;
“general conditions” means the conditions in Schedule 2;
“General Council”
means the General Medical Council continued, as a body corporate, by
section 1 of the Medical Act 1983;
“General Practitioner Register”
means the register of that name kept under section 34C of the Medical Act 1983;
“inspector”
means an inspector authorized by the Minister for Health and Social Services under
Article 30(5)(a)(i) of the 1967 Law;
“licence to practise” means a licence granted to a
medical practitioner under and in accordance with Part IIIA of the Medical
Act 1983;
“Medical Act 1983”
means that Act of the United Kingdom;
“Medical Director” shall
be construed in accordance with Regulation 2;
“national disqualification” means national
disqualification imposed pursuant to section 159 of the National Health
Service Act 2006 of the United Kingdom;
“performer”
means a person included in the performers list;
“performers list” shall be construed in accordance
with Regulation 3;
“Performers List Appeals Panel”
shall be construed in accordance with Regulation 39;
“Primary Care Governance Team”
shall be construed in accordance with Regulation 2;
“professional conduct” includes matters relating to both
professional conduct and professional performance;
“registered medical practitioner” means a person
registered under the 1960 Law;
“substantive issue” shall be construed in accordance
with Regulation 13(2);
“UK practitioners register”
means the register of medical practitioners kept under section 2 of the
Medical Act 1983.
(2) In
these Regulations, a reference to temporary inclusion in the performers list
means inclusion in the performers list on the terms specified in Regulation 11.
(3) In
these Regulations, a reference to a person’s fitness to practise shall be
construed in accordance with section 35C(2) of
the Medical Act 1983.
PART 2
establishment of and inclusion in
performers list
2 Primary
Care Governance Team
(1) The
Primary Care Governance Team comprises –
(a) the Medical Director; and
(b) one or more determining officers.
(2) The
responsible officer appointed in relation to performers pursuant to an Order
made under Article 10C(3)(b) of the 1960 Law
shall also be the Medical Director.
(3) The
Minister for Health and Social Services shall appoint a sufficient number of
persons having the appropriate qualifications and experience as determining
officers –
(a) to discharge, under the direction of the Medical Director,
the functions of determining officers under these Regulations; and
(b) generally to assist the Medical Director in the discharge of
his or her functions under these Regulations and, as a responsible officer,
under any Order made under Article 10C of the 1960 Law.
3 Performers
list
(1) There
shall be a performers list.
(2) The
performers list shall be maintained and governed by the Medical Director.
(3) The
performers list shall contain the following information in respect of each
performer included in it –
(a) the performer’s full name;
(b) the registration number assigned to the performer in respect
of his or her registration in the UK practitioners register;
(c) the date of the performer’s registration as a registered
medical practitioner under the 1960 Law; and
(d) the performer’s medical qualifications.
(4) The
Medical Director shall –
(a) make the performers list available for inspection by the
public; and
(b) publish the performers list.
4 Eligibility
for inclusion in performers list
In order to be eligible to be included in the performers list a
person –
(a) must be a registered medical practitioner;
(b) must be included in the General Practitioner Register;
(c) must not be subject to a national disqualification for
inclusion in an equivalent list; and
(d) must be providing medical services in Jersey or intending to
do so within the next 12 months.
5 Application
for inclusion in performers list
(1) An
application for inclusion in the performers list shall be made to the Primary
Care Governance Team.
(2) An
application shall be made in writing, using the form and containing the
declaration required by Schedule 1.
(3) An
application shall contain the information and be accompanied by the documents required
by Schedule 1.
(4) An
application shall be determined by a determining officer.
(5) A determining
officer may, for the purposes of determining an application, request an
applicant to provide such information or documents that the officer reasonably
requires, in addition to the material provided as required by Schedule 1.
(6) An
application need not be determined before the material required by Schedule 1
and any additional information or documents required under paragraph (5)
have been provided by the applicant.
6 Mandatory
grounds for refusal of application
A determining officer shall refuse an application for inclusion in
the performers list if –
(a) the applicant is not a registered medical practitioner;
(b) the applicant is not included in the General Practitioner
Register;
(c) the applicant is subject to a national disqualification for
inclusion in an equivalent list;
(d) the applicant has been convicted, in the British Islands, of
murder;
(e) in a case where the applicant’s application was
deferred under Regulation 8, the applicant has not updated his or her
application; or
(f) in a case where additional conditions are to be imposed upon
the applicant’s inclusion in the performers list, the applicant has not
given notice that he or she wishes to be included in the list subject to those
conditions.
7 Discretionary
grounds for refusal of application
(1) A
determining officer may, with the concurrence of the Medical Director, refuse
an application for inclusion in the performers list if –
(a) the determining officer considers the applicant is
unsuitable for inclusion in the list, having considered the information and
documentation provided by the applicant, as required by Schedule 1;
(b) having obtained references from the referees named by the
applicant in his or her application, the determining officer is not satisfied
with those references;
(c) having
checked with the Minister for Social Security and with any other relevant
authority in the British Islands for any facts that the determining officer
considers relevant relating to any past or current fraud investigation
involving or relating to the applicant, and having considered these and any
other facts in his or her possession relating to the applicant, the determining
officer considers that the applicant is unsuitable to be included in the
performers list; or
(d) the determining officer considers that there are reasonable
grounds for concluding that the inclusion of the applicant in the performers
list would be prejudicial to the efficiency of medical services for which
medical benefit is payable.
(2) A
determining officer may, with the concurrence of the Medical Director, refuse
an application for inclusion in the performers list if –
(a) the applicant has not provided satisfactory evidence that he
or she will be performing medical services in Jersey, within the next 12 months;
or
(b) the determining officer is not satisfied that the applicant
has sufficient knowledge of the English language necessary to perform medical
services in Jersey.
(3) A
determining officer may, with the concurrence of the Medical Director, refuse
an application for inclusion in the performers list if –
(a) the applicant’s registration in the UK practitioners
register is subject to conditions imposed by an interim order made under
section 41A of the Medical Act 1983;
(b) the
applicant’s registration in the UK practitioners register is subject to
conditions by virtue of a direction given under section 35D of the Medical
Act 1983; or
(c) the
applicant’s registration in the UK practitioners register is subject to
conditions by virtue of a direction given pursuant to rules made under paragraph 5A(3)
of Schedule 4 to the Medical Act 1983.
(4) Where
a determining officer and the Medical Director are considering a refusal of an
application on a ground in paragraph (1) they must, in particular, take
into consideration –
(a) the nature of any matter in question;
(b) the length of time since that matter and the events giving
rise to it occurred;
(c) any action or penalty imposed by any regulatory or other
body as a result of the matter;
(d) the
relevance of that matter to the applicant’s performance of medical
services for which medical benefit is payable and any likely risk to the
applicant’s patients or to the Health Insurance Fund or public finances;
(e) whether
any offence was a sexual offence to which the Sex Offenders (Jersey) Law 2010[5] applies by virtue of Article 2
of that Law or, if it had been committed in Jersey, would have been such an
offence; and
(f) whether, in respect of the performers list or any equivalent
list, the applicant –
(i) has been refused inclusion in the list,
(ii) has been included in the list subject to, in the case of the
performers list, additional conditions or, in the case of an equivalent list,
any conditions,
(iii) has
been removed from the list, or
(iv) is
currently suspended from the list,
and, if so, the
facts relating to the matter which led to such action, together with the
reasons given for the action by the holder of the list.
8 Deferral
of decision whether to include applicant in performers list
(1) A
determining officer may defer a decision on an application where –
(a) there are in respect of the applicant –
(i) criminal proceedings in the British islands, or
(ii) proceedings elsewhere in the world in respect of acts or
omissions which, if they had occurred in Jersey, would constitute a criminal
offence,
and which, if such proceedings resulted in a conviction, or the
equivalent of a conviction would, if the applicant were at that time included
in the performers list, lead, or be likely, to lead to his or her removal from
the list;
(b) there
is any investigation, anywhere in the world, by any regulatory or other body
relating to the applicant which, if the outcome of the investigation was
adverse to the applicant, would, if the applicant were at that time included in
the performers list lead, or be likely to lead, to his or her removal from the
list;
(c) the applicant is suspended from an equivalent list;
(d) the applicant has appealed against a decision –
(i) to refuse to include the applicant in an equivalent list,
(ii) to include the applicant in an equivalent list subject to
conditions, or
(iii) to
remove the applicant from an equivalent list,
and, if the appeal
against the decision was unsuccessful, the decision, if the applicant were at
that time included in the performers list, would, or would be likely, to lead
to his or her removal from the list.
(2) A
decision may only be deferred under paragraph (1) until whichever is the
later of the outcome of the matter in question or, if there is more than one,
the last of them, is known.
(3) Once
the outcome of the matter in question or, if there is more than one, the last
of them, is known, the determining officer must notify the applicant that the
applicant must, within 28 days of the notification –
(a) confirm, in writing, whether the applicant wishes to proceed
with the application; and
(b) if the applicant wishes to proceed, provide any additional
information required by the determining officer.
(4) If
an applicant, in accordance with paragraph (3), confirms his or her wish to
proceed and provides the additional information required, the application must
be determined in accordance with Regulations 6, 7 and 10.
9 General
conditions applicable to all performers
Every performer must comply with the conditions in Schedule 2.
10 Additional
conditions applicable to performer
(1) The
Medical Director may specify that a person’s inclusion, or continued
inclusion, in the performers list is subject to conditions in addition to those
imposed by Regulation 9.
(2) Conditions
may be imposed –
(a) for the purpose of protecting patients;
(b) for the purpose of preserving the Health Insurance Fund or
public finances;
(c) for
the purpose of preventing any prejudice to the efficiency of the provision of
medical services pursuant to a contract under Part 3A of the 1967 Law
or for which medical benefit is payable; or
(d) for the purpose of preventing fraud.
(3) Conditions
may be expressed to apply indefinitely or until any action required by the
condition, such as training, retraining, rehabilitation or experience in
practice, is completed.
(4) A
performer must comply with any additional conditions imposed in his or her
case.
11 Duration
of temporary inclusion in performers list
Where a person applies for and is given temporary inclusion in the performers
list, the person’s inclusion shall expire –
(a) at the end of the period of 4 weeks; or
(b) if, within that period, the person has applied for full
inclusion in the list but, notwithstanding that the person has supplied all the
information, and all the documents, required by Schedule 1, the
person’s application has not been determined before the end of that
period – upon the person’s application for full inclusion in
the list being refused.
PART 3
CONCERNS
12 Concerns
A concern is any concern, allegation or complaint regarding a
performer –
(a) that has been raised by any person; and
(b) if it has not been raised by a determining officer or the
Medical Director, has been notified to the Primary Care Governance Team.
13 Preliminary
assessment of concern by Medical Director
(1) A
concern shall be referred to the Medical Director.
(2) The
Medical Director shall assess whether the concern raises, or may raise, a
substantive issue, being an issue –
(a) regarding the performer’s eligibility or suitability
for inclusion in the performers list;
(b) regarding the performer’s compliance with the general
conditions and any additional conditions;
(c) that must be referred to the Minister for Social Security in
accordance with Regulation 19(1); or
(d) regarding the performer’s fitness to practise.
14 Decision
that concern does not raise a substantive issue
If the Medical Director decides that a concern does not raise a
substantive issue, the Medical Director shall inform the person who raised the
concern of his or her decision, and may inform the performer of his or her
decision.
15 Informal
resolution of concern that does not raise a substantive issue
The Medical Director may, with the agreement of the person who
raised the concern and the performer, seek to resolve informally a concern that
the Medical Director has decided does not raise a substantive issue.
16 Notification
of concern that raises, or may raise, a substantive issue
The Medical Director shall notify the performer, within 7 days,
of his or her assessment that a concern raises, or may raise, a substantive
issue in relation to the performer.
17 Investigation
of concern
(1) In
the case of a concern that raises, or may raise, a substantive issue, the
Medical Director shall, subject to Regulation 19 –
(a) refer the concern to an inspector; and
(b) notify the performer within 7 days of such referral
being made.
(2) The
inspector shall –
(a) investigate the facts to which the concern relates; and
(b) report his or her findings, and pass any documents or copies
obtained under paragraph (3), to the Medical Director.
(3) An
inspector may, for the purposes of an investigation, require the production or
the provision of copies of documents that include personal data, including
sensitive personal data, where the conditions under the Data Protection
(Jersey) Law 2005[6] for processing of the data
are satisfied.
18 Decision
by Medical Director in respect of concern
(1) The
Medical Director, upon receiving an inspector’s report regarding a
concern, shall decide whether the concern has raised a substantive issue.
(2) If
the Medical Director finds that the concern has not raised a substantive issue
he or she –
(a) shall inform the performer within 7 days of his or her
decision; and
(b) may either take no further action in respect of the concern
or seek to resolve it informally, under Regulation 15.
(3) If
the Medical Director finds that any of the discretionary grounds for removal
from the performers list apply, but that the case is not so serious that there
is any risk that the performer’s fitness to practise is impaired, the
Medical Director may serve a resolution notice on the performer, in accordance
with Regulation 20.
(4) Otherwise,
if the Medical Director finds that any of the grounds for removal from the
performers list apply or for the imposition or variation of additional
conditions, the Medical Director shall make any decision in respect of the
concern in accordance with Part 4.
19 Referral
of concern to Minister for Social Security or General Council
(1) If,
at any time, it appears to the Medical Director that a concern raises, or may
raise, an issue that should be presented to the Minister for Social Security
for the purposes of Article 27(1) of the 1967 Law, the Medical
Director shall refer the issue to the Minister for Social Security.
(2) If,
at any time, it appears to the Medical Director that a concern raises an issue
regarding a performer’s fitness to practise that it is appropriate to
refer to the General Council the Medical Director shall, as the performer’s
responsible officer, refer the issue to the General Council.
(3) The
Medical Director shall notify the performer of a referral under this Regulation
within 7 days of the referral being made.
20 Resolution
notices
(1) A
resolution notice served by the Medical Director on a performer in the
circumstances described in Regulation 18(3) must set out actions, changes
and any other steps to be undertaken by the performer, and the time or times by
which they must be undertaken.
(2) The
resolution notice may also set out actions and steps initiated by the Medical
Director, for example, the arrangement by the Medical Director for the
performer’s clinical practice to be assessed by a person or body
competent to undertake such assessments.
(3) The
actions, changes and other steps are those required to address the issues
raised by the concern and any other issues identified in the course of the
investigation conducted under Regulation 17.
(4) The
performer must notify the Medical Director of the performer’s acceptance
or rejection of the resolution notice no later than 14 days after it is
served.
(5) A
performer who does not give notice in accordance with paragraph (4) shall
be taken to have rejected the resolution notice.
(6) If
the performer accepts the resolution notice and completes the actions, changes
and other steps set out in that notice within the time specified, the concern
shall be taken to have been resolved.
(7) If –
(a) the
performer accepts the resolution notice but does not complete the actions,
changes and other steps to be undertaken by him or her within the time
specified; or
(b) the performer rejects the resolution notice,
the concern shall
not be taken to have been resolved and the Medical Director shall make any
decision in respect of the concern in accordance with Part 4.
PART 4
failure to comply with conditions,
suspension and removal FROM PERFORMERS LIST
21 Failure
to comply with conditions
If the Medical Director determines that a performer has failed to
comply with the general conditions or with additional conditions, the Medical
Director may decide –
(a) in a case of non-compliance with additional conditions, to vary
all or any of those conditions;
(b) in any case –
(i) to impose additional conditions, or
(ii) in accordance with the following provisions of this Part, to
remove the performer from the performers list.
22 Mandatory
suspension from performers list
(1) A
performer’s inclusion in the performers list is suspended at any time
when his or her registration as a registered medical practitioner is suspended.
(2) A
determining officer must, as soon as possible, notify the performer, in
writing, of his or her suspension under paragraph (1) and of the effect of
paragraph (3).
(3) A
suspension under paragraph (1) ends when the performer’s
registration as a registered medical practitioner ceases to be suspended.
23 Discretionary
suspension from performers list
If the Medical Director is satisfied that it is necessary to do so
for the protection of members of the public or is otherwise in the public
interest, he or she may decide to suspend a performer from the performers list –
(a) whilst the Medical Director decides whether or not to
exercise his or her powers under this Part to remove the performer from the
performers list;
(b) whilst the Medical Director awaits –
(i) the outcome of any criminal or regulatory investigation
affecting the performer, or
(ii) a decision of a court or regulatory body, anywhere in the
world, affecting the performer;
(c) where the Medical Director has decided to remove the
performer from the performers list, but before that decision takes effect; or
(d) pending an appeal under these Regulations.
24 Process
for suspension under Regulation 23
(1) Where
the Medical Director is considering suspending a performer under Regulation 23,
the Medical Director must give the performer –
(a) notice of any concern regarding the performer that the
Medical Director is taking into consideration;
(b) notice of what action the Medical Director is considering,
and on what grounds; and
(c) the opportunity for the performer to put his or her case in
writing to the Medical Director, by a specified time on a specified day.
(2) The
day specified for the purposes of paragraph (1)(c)
must be at least 2 working days after the day on which the notice is
given.
(3) If
the performer does not wish to put his or her case in writing to the Medical
Director, or does not do so by the time specified, the Medical Director may
suspend the performer with immediate effect.
(4) If
the performer puts his or her case in writing to the Medical Director, the
Medical Director –
(a) must, when making a decision, take into account the
performer’s representations; and
(b) may decide –
(i) to suspend the performer with immediate effect, or
(ii) to allow the performer to resume as a performer, subject to
additional conditions.
25 Immediate
suspension under Regulation 23
(1) Notwithstanding
Regulation 24, where the Medical Director considers it necessary to do so
for the protection of patients or members of the public, or that it is
otherwise in the public interest, the Medical Director may decide that a
suspension under Regulation 23 is to have immediate effect without
undertaking the steps described in Regulation 24.
(2) If
the Medical Director, pursuant to paragraph (1), decides to suspend a
performer with immediate effect, the Medical Director must –
(a) review
the decision, in accordance with paragraph (7), within the period of
2 working days commencing with the day the suspension commenced; and
(b) as
soon as is reasonably practicable, give the performer –
(i) notice of what further action the Medical Director is
considering and on what grounds, and
(ii) the opportunity to put the performer’s case in writing
to the Medical Director by a specified time on a specified day.
(3) The
day specified for the purposes of paragraph (2)(b)(ii)
must be at least 2 working days after the day the performer is given
notice of the suspension.
(4) If
the Medical Director fails to review the decision as required by paragraph (2)(a), the suspension shall end upon the expiry of the period
mentioned in that sub-paragraph.
(5) If
a performer does not wish to put his or her case in writing to the Medical Director,
as described in paragraph (2)(b)(ii), or does not do so by the time
specified, the Medical Director may confirm or revoke the suspension.
(6) If
the performer puts his or her case in writing to the Medical Director, the
Medical Director must –
(a) take
into account the representations made by the performer, in accordance with paragraph (7),
when making a decision; and
(b) may decide –
(i) to confirm or revoke the suspension, and
(ii) if he or she decides to revoke the decision, to impose
additional conditions in respect of the performer.
(7) The
Medical Director must, in the course of reviewing a decision under paragraph (2)(a) or taking into account a performer’s
representations under paragraph (6)(a), consult with a panel referred to
in paragraph (8).
(8) The
Minister for Health and Social Services shall, for the purposes of paragraph (7),
appoint a panel, or arrange for the provision of the services of a panel, the
members of which have the qualifications, experience and knowledge to advise on
the suspension of performers.
26 Duration
and revocation of suspension under Regulation 23
(1) In
the case of suspension on the ground in Regulation 23(a) or (b),
(including any such suspension that is confirmed under Regulation 25(6)(b)(i)), the Medical Director must specify an initial
period of suspension of not more than 3 months.
(2) In
the case of a suspension whilst the Medical Director awaits the outcome of any
criminal or regulatory investigation affecting the performer, the Medical
Director may decide that the performer shall remain suspended for an additional
period, provided that the aggregate of the initial period of suspension and the
additional period of suspension is not more than 6 months.
(3) In
the case of a suspension whilst the Medical Director awaits a decision of a
court or regulatory body anywhere in the world affecting the performer, after
that decision is made, the Medical Director may decide that the performer shall
remain suspended for an additional period, provided that the aggregate of the
initial period of suspension and the additional period is not more than 6 months.
(4) The
Medical Director may decide to extend an initial period of suspension or an
additional period of suspension, provided that the aggregate period of
suspension decided by the Medical Director does not exceed 6 months.
(5) The
Medical Director may apply to the Performers List Appeals Panel for an
extension of a period of suspension.
(6) An
application under paragraph (5) must be made before the expiry of the period
of suspension.
(7) A
sub-panel of the Performers List Appeals Panel convened to hear an application
made under paragraph (5) may –
(a) order that a period of suspension is extended so that the
aggregate period of suspension of a performer is more than 6 months; and
(b) make a further order at any time while a period of
suspension continues pursuant to an earlier order of the Panel.
(8) An
order of a sub-panel under paragraph (7) must specify –
(a) a date on which the period of suspension is to end;
(b) an event beyond which the period of suspension is not to
continue; or
(c) that the period of suspension is to end on whichever is the
earlier of a specified date or event.
(9) If
an application under paragraph (5) is made in accordance with paragraph (6),
but the sub-panel has not made its decision by the time that the period of
suspension would, apart from this paragraph, expire, the period of suspension
shall continue until the sub-panel makes its decision.
(10) A
suspension under Regulation 23(a) continues in force after the Medical
Director has decided to remove the performer from the performers list until the
decision takes effect.
(11) A
suspension under Regulation 23(d) continues in force until the appeal is
concluded.
(12) The
Medical Director may, at any time, revoke a suspension, if the Medical Director
is in possession of evidence that revoking the suspension will not compromise
the protection of patients or members of the public, or the public interest.
27 Effect
of suspension from performers list
A performer who is suspended from the performers list shall be
treated as not included in that list, even though his or her name appears in
it.
28 Application
by performer to be removed from performers list
(1) A
performer may apply to be removed from the performers list.
(2) The
application must be made in writing to the Primary Care Governance Team.
(3) A
determining officer shall refuse to accept the application if, at the time it
is made, the performer is subject to any investigation or procedure under Part 3
or this Part or by the General Council, or is suspended from the performers
list or any equivalent list.
(4) If
the application is accepted by a determining officer, the performer may be
removed from the performers list in accordance with Regulation 30(7).
29 Mandatory
grounds for removal from performers list
(1) The
Medical Director must decide to remove a performer from the performers list if –
(a) the performer ceases to be a registered medical
practitioner;
(b) the performer ceases to be included in the General
Practitioner Register;
(c) the performer is subject to a national disqualification from
any equivalent list;
(d) the performer is convicted, in the British Islands, of
murder; or
(e) the performer has died.
(2) The
Medical Director must decide to remove a performer from the performers list
when directed to do so by a sub-panel of the Performers List Appeals Panel
under Regulation 40 or 41 or the Royal Court under Regulation 42.
30 Discretionary
grounds for removal from performers list
(1) The
Medical Director may decide to remove a performer from the performers list if –
(a) the performer has been convicted, in the British Islands, of
an offence (other than murder), and has been sentenced to a term of
imprisonment, whether suspended or not, of more than 6 months;
(b) the performer does not comply with a general condition;
(c) the performer does not comply with any additional
conditional applicable in his or her case; or
(d) the performer does not, within the time specified, complete
the actions, changes and other steps specified in a resolution notice that the
performer has accepted.
(2) The
Medical Director may remove a performer from the performers list if the
continued inclusion of the performer in the list would be prejudicial to the
efficiency of the provision of medical services pursuant to a contract made
under Part 3A of the 1967 Law or for which medical benefit is paid
(an “efficiency case”).
(3) The
Medical Director may remove a performer from the performers list if the
performer –
(a) has,
whether alone or together with another person, by act or omission, caused or
risked causing detriment to the scheme of health insurance under the Health
Insurance (Jersey) Law 1967[7] or to any other publicly
funded health scheme elsewhere by securing or attempting to secure for the
performer or another person any financial or other benefit; and
(b) knew
that the performer or the other person (if any) was not entitled to the benefit
(a “fraud case”).
(4) The
Medical Director may remove a performer from the performers list if the
performer is unsuitable to be included in the list (an “unsuitability
case”).
(5) The
Medical Director may remove a performer from the performers list if the performer
cannot demonstrate that he or she has provided medical services in Jersey –
(a) during the preceding 12 months; or
(b) if the performer has been included in the performers list
for less than 12 months, during the period commencing with his or her inclusion
in the list.
(6) In
calculating the period referred to in paragraph (5)(a)
or (b) there shall be disregarded –
(a) any period during which the performer was suspended under
these Regulations;
(b) any period during which the performer’s registration
as a registered medical practitioner was suspended; or
(c) any period which the Medical Director, with good cause,
decides.
(7) The
Medical Director may remove a performer from the performers list 3 months
after the performer’s application for removal has been accepted under Regulation 28.
31 Criteria
for removal from performers list under Regulation 30(2) –
efficiency case
(1) Where
the Medical Director is considering whether to remove a performer from the
performers list under Regulation 30(2), the Medical Director must consider –
(a) any information relating to the performer notified by the
performer in compliance with the general conditions and any additional
conditions applicable in the performer’s case;
(b) any
information provided by the National Health Service Litigation Authority
established as a Special Health Authority under section 28 of the National
Health Service Act 2006 of the United Kingdom about past or current
investigations or proceedings involving or relating to that performer; and
(c) the matters referred to in paragraph (2).
(2) The
matters are –
(a) the
nature of any incident which was prejudicial to the efficiency of the provision
of medical services pursuant to a contract made under Part 3A of the 1967 Law
or for which medical benefit is payable;
(b) the length of time since the last incident occurred and
since any investigation into it was concluded;
(c) any action taken by the Minister for Health and Social
Services under the 1960 Law or by any regulatory or other body, including the
police or courts, as a result of any such incident;
(d) the
relevance of the incident to the performer’s performance of medical
services pursuant to a contract made under Part 3A of the 1967 Law or
for which medical benefit is payable, and the likely risk to patients or to
public finances;
(e) whether the performer has ever failed to comply with a
request to undertake an assessment by –
(i) the National Clinical Assessment Authority established as a
Special Health Authority under section 28 of the National Health Service
Act 2006 of the United Kingdom on or before 31st March 2005,
(ii) the National Patient Safety Agency established as a Special
Health Authority under section 28 of the National Health Service Act 2006
of the United Kingdom on or before 31st March 2005, between 1st April 2005 and
31st March 2012 inclusive,
(iii) the National Institute
for Health and Clinical Excellence established as a Special Health Authority
under section 28 of the National Health Service Act 2006 of the United
Kingdom between 1st April 2012 and 31st March 2013 inclusive, or
(iv) the
National Health Service Litigation Authority mentioned in paragraph (1)(b),
on or after 1st April 2013;
(f) whether
the performer has previously failed to supply information, make a declaration
required or comply with general or additional conditions imposed on his or her
inclusion in the performers list or an equivalent list; and
(g) whether, in respect of the performers list or an equivalent
list, the performer –
(i) was refused inclusion in it,
(ii) was
included in it subject to conditions,
(iii) was
removed from it, or
(iv) is
currently suspended from it,
and, if so, the
facts relating to the incident which led to such action and the reasons given
for such action by the holder of the list.
32 Criteria
for removal from performers list under Regulation 30(3) – fraud
case
(1) Where
the Medical Director is considering whether to remove a performer from the
performers list under Regulation 30(3), the Medical Director must consider –
(a) any information relating to the performer notified by the
performer in compliance with the general conditions and any additional
conditions applicable in the performer’s case;
(b) any information provided by the National Health Service
Litigation Authority established as a Special Health Authority under
section 28 of the National Health Service Act 2006 of the United
Kingdom about past or current investigations or proceedings involving or
relating to that performer;
(c) any
information provided by the NHS Business Services Authority established as a
Special Health Authority under section 28 of the National Health Service
Act 2006 of the United Kingdom about past or current investigations or
proceedings involving or relating to the performer; and
(d) the matters set out in paragraph (2).
(2) The
matters are –
(a) the nature of any incident of fraud;
(b) the length of time since the last incident of fraud
occurred, and since any investigation into it was concluded;
(c) any
action taken by the Minister for Social Security under the 1967 Law, by
the Minister for Health and Social Services under the 1960 Law or by any
regulatory or other body, including the police or the courts, as a result of
the incident;
(d) the
relevance of any investigation into any incident of fraud to the
performer’s performance of medical services pursuant to a contract made under
Part 3A of the 1967 Law or for which medical benefit is payable, and
the likely risk to patients or to the Health Insurance Fund or public finances;
and
(e) whether, in respect of the performers list or an equivalent
list, the performer –
(i) was refused inclusion in it,
(ii) was
included in it subject to conditions,
(iii) was
removed from it, or
(iv) is
currently suspended from it,
and, if so, the
facts relating to the incident which led to such action and the reasons given
for such action by the holder of the list.
33 Criteria
for removal from performers list under Regulation 30(4) –
unsuitability case
(1) Where
the Medical Director is considering whether to remove a performer from the
performers list under Regulation 30(4), the Medical Director must consider –
(a) any information relating to the performer notified by the
performer in compliance with the general conditions and any additional
conditions applicable in the performer’s case;
(b) any
information provided by the National Health Service Litigation Authority established
as a Special Health Authority under section 28 of the National Health
Service Act 2006 of the United Kingdom about past or current
investigations or proceedings involving or relating to that performer; and
(c) the matters set out in paragraph (2).
(2) The
matters are –
(a) the nature of any event which gives rise to a question as to
the suitability of the performer to be included in the performers list;
(b) the length of time since the event and the facts which gave
rise to it occurred;
(c) any
action taken or penalty imposed by the Minister for Health and Social Services under
the 1960 Law or by any regulatory or other body, including the police or
the courts, as a result of the event;
(d) the
relevance of the event to the performer’s performance of medical services
pursuant to a contract made under Part 3A of the 1967 Law or for
which medical benefit is payable and any likely risk to any patients or to the
Health Insurance Fund or public finances;
(e) whether any offence was an offence to which the Sex
Offenders (Jersey) Law 2010[8] applies by virtue of Article 2
of that Law or, if it had been committed in Jersey, would have been such an
offence;
(f) whether, in respect of the performers list or any equivalent
list, the performer –
(i) was refused inclusion in it,
(ii) was
included in it subject to conditions,
(iii) was
removed from it, or
(iv) is
currently suspended from it,
and, if so, the
facts relating to the incident which led to such action and the reasons given
for such action by the holder of the list.
34 Procedure
for removal under Regulation 30
(1) Where
the Medical Director is considering removing a performer from the performers
list on a ground in Regulation 30, the Medical Director shall give the
performer –
(a) notice of any concern that the Medical Director is taking
into consideration; and
(b) notice of what action the Medical Director is considering,
and on what grounds.
(2) The
performer shall have the right, within 28 days of notice being given under
paragraph (1)(b), to make written representations
to the Medical Director.
(3) If
the performer makes written representations within the time required by paragraph (2),
the Medical Director must take them into account before reaching his or her
decision.
(4) Where
the Medical Director decides to remove a performer from the performers list on
a ground in Regulation 30, the performer shall not be removed from the
performers list until whichever is the later of –
(a) the expiry of the period of 28 days beginning with the
date of the decision;
(b) the date on which any appeal against the decision is
concluded.
35 Readmission
where conviction overturned
(1) Where
a practitioner has been removed from the performers list solely on the ground
that the performer has been convicted of a criminal offence and that conviction
is overturned on appeal, the Medical Director may agree to include the
practitioner in the performers list without the need for the practitioner to
provide an application that complies with all, or any particular provision of Schedule 1
if the Medical Director is satisfied that there are no other matters that need
to be considered in respect of the practitioner’s inclusion in the
performers list.
(2) If
the conviction is reinstated on appeal, the previous decision to remove the
practitioner from the performers list is, once again, to have effect.
part 5
reviews, redeterminations and appeals
36 Review
by Medical Director of additional conditions or suspension
(1) The
Medical Director may at any time review –
(a) his or her decision to impose or vary additional conditions applicable
in a performer’s case; or
(b) his or her decision to suspend a performer on the ground in Regulation 23(a)
or (b) (unless the period of suspension has been extended by decision of a
sub-panel of the Performers List Appeals Panel).
(2) The
Medical Director must review a decision described in paragraph (1) when
requested by the performer in accordance with paragraph (3) and (4).
(3) A
request under paragraph (2) may not be made until 3 months have
expired following the date the decision to be reviewed was made.
(4) After
a review of a decision described in paragraph (1) has taken place, the
performer cannot request a further review of the decision until 6 months
have expired following the date of the decision on the last review.
(5) Before
reviewing a decision described in paragraph (1), the Medical Director must
give the performer –
(a) notice of any concern regarding the performer that the
Medical Director proposes to take into consideration when conducting the
review;
(b) notice of the action that the Medical Director is
considering and on what grounds; and
(c) the opportunity to make written representations to the
Medical Director within 28 days of the notice described in sub-paragraph (b).
(6) If
the performer makes written representations, the Medical Director must take
them into account before reaching his or her decision.
(7) The
Medical Director may, on a review of a decision to impose additional conditions
at the time of a performer’s inclusion in the performers list, decide to –
(a) vary the conditions;
(b) impose different conditions;
(c) remove the conditions; or
(d) remove the performer from the performers list.
(8) The
Medical Director may, on a review of a decision to suspend the performer,
decide –
(a) subject to Regulation 26(4), to end, maintain or vary
the period of suspension;
(b) to impose additional conditions; or
(c) to remove the performer from the performers list.
(9) The
Medical Director may not review, and the performer may not request a review of –
(a) a decision to suspend a performer under Regulation 23(c)
or (d);
(b) a decision to impose additional conditions, where the
performer has not notified his or her agreement to be included in the
performers list subject to those conditions.
37 Redetermination
of decision of determining officer
(1) Subject
to paragraph (2), a person shall have a right to a redetermination of a
decision made by a determining officer in the person’s case.
(2) An
application for a redetermination must be made, in writing, to the Medical
Director no later than 28 days after the person is notified of the
decision, in accordance with Regulation 43.
(3) The
Medical Director may, if he or she considers appropriate, accept an application
made after the expiry of the period described in paragraph (2).
(4) The
Medical Director shall give the person the opportunity to put his or her case in
writing to the Medical Director, by a time and on a day specified by the
Medical Director.
(5) The
Medical Director shall take into account the appellant’s written
representations before reaching his or her decision.
(6) The
Medical Director may decide to uphold the decision of the determining officer
or substitute his or her own decision.
38 Appeal
against decision of Medical Director
(1) An
applicant for inclusion in the performers list, or a performer (the
“appellant”), has a right of appeal against any decision of the
Medical Director made in the applicant’s or performer’s case under
these Regulations.
(2) In
the case of an appeal against removal from the performers list on a ground in Regulation 29,
a person shall only have a right of appeal on the ground that, in making the
decision, the Medical Director erred on a matter of fact.
(3) An
appeal against a decision shall be made, in writing, to the chairman of the
Performers List Appeals Panel no later than 28 days after the appellant is
notified, in accordance with these Regulations, of the decision.
(4) The
chairman of the Performers List Appeals Panel may, if he or she considers
appropriate, accept an appeal made after the expiry of the period described in paragraph (3).
39 Performers
List Appeals Panel
(1) The
Minister for Health and Social Services shall appoint a Performers List Appeals
Panel.
(2) The
Jersey Appointments Commission established by Article 17 of the Employment
of States of Jersey Employees (Jersey) Law 2005[9] shall oversee the selection
of persons for appointment under paragraph (1).
(3) The
members of the Performers List Appeals Panel shall be –
(a) at least one legal member, being a person with experience of
or training in the conduct of appeal proceedings;
(b) at least one practitioner member, being a person who –
(i) is authorized to practise general medical practice in a
country or territory outside Jersey, and
(ii) has never practised general medical practice in Jersey; and
(c) at least one lay member, being a person resident in Jersey
who is not a person described in sub-paragraph (a) and has never practised
medicine in any place.
(4) The
member described in paragraph (3)(a) shall be the chairman of the Panel
or, if there is more than one such member, the Minister for Health and Social
Services shall appoint one of them as the chairman of the Panel.
(5) Upon
an application being made under Regulation 26(5) or an appeal being made
under Regulation 38, the chairman of the Panel shall convene a sub-panel of
its members to hear the matter.
(6) A
sub-panel shall comprise –
(a) one legal member, described in paragraph (3)(a);
(b) one practitioner member, described in paragraph (3)(b);
and
(c) one lay member, described in paragraph (3)(c).
(7) When
convening a sub-panel, the chairman shall not select any member who has worked
with, or is or was a patient of, the suspended practitioner, in the case of an
application under Regulation 26(5), or the appellant, in the case of an
appeal under Regulation 38, or is otherwise conflicted in the matter.
40 Procedures
and decisions of sub-panel of the Performers List Appeals
(1) Schedule 3
has effect to specify procedures for a hearing before a sub-panel convened
under Regulation 39.
(2) On
hearing an appeal made under Regulation 38, the sub-panel shall redetermine the matter and may –
(a) uphold the decision of the Medical Director; or
(b) substitute its own decision and direct the Medical Director to
take the necessary action to implement the decision.
(3) A
sub-panel may, when making a decision on an appeal, state that it is of the
opinion that there is no realistic prospect of a further review being
successful if held one year after its decision.
41 Review
of appeal by sub-panel of the Performers List Appeals Panel
(1) A
sub-panel of the Performers List Appeals Panel that has decided an appeal under
Regulation 40(2) –
(a) must review its decision following a request from the
appellant; or
(b) may review its decision on its own initiative.
(2) A
request under paragraph (1)(a) may not be made until one year has expired
following the date of the earlier decision or, if the sub-panel made a
statement under Regulation 40(3), the 3 years have expired following
that date.
(3) On
reviewing its decision, the sub-panel may vary the decision or make a fresh
decision, and direct the Medical Director to take the necessary action to
implement the variation or fresh decision.
(4) The
chairman of the Performers List Appeal Panel may, for the purposes of a review
by a sub-panel –
(a) select
a further member to sit on the sub-panel, to replace a person who is no longer
a member of the Performers List Appeals Panel; or
(b) remove a member from the sub-panel, if it appears to the
chairman that any circumstances have arisen which, under Regulation 39(7),
would have prevented the member’s selection to sit on the sub-panel, and
select a further member to sit on the sub-panel in his or her place.
42 Appeal
against decision of sub-panel of the Performers List Appeals Panel
(1) An
applicant for inclusion in the performers list, or a performer (the
“appellant”), has a right of appeal to the Royal Court against any
decision of a sub-panel of the Performers List Appeals Panel made in the
applicant’s or performer’s case under these Regulations.
(2) An
appeal against a decision shall be made no later than 28 days after the
appellant is notified, in accordance with these Regulations, of the decision.
(3) On
hearing an appeal made under this Regulation, the Royal Court may –
(a) uphold the decision of the sub-panel; or
(b) substitute its own decision and direct the Medical Director
to take the necessary action to implement the decision.
PART 6
General and closing
43 Notification
of decisions
(1) A
determining officer or the Medical Director who makes a decision under these
Regulations in respect of an applicant for inclusion in the performers list or
a performer must notify that applicant or performer of the decision, in
writing.
(2) Where
the decision is adverse to the applicant or performer, the notice given must
also –
(a) give the reasons for the decision (including any facts
relied upon); and
(b) explain
the applicant’s or performer’s rights to a review, redetermination
or appeal under Part 5, the time within which such rights must be
exercised and how they may be exercised.
(3) If
the notice is of a decision to suspend a performer with immediate effect, the notice
must be given as soon as is practicable.
(4) Otherwise,
the notice must be given no later than 7 days after the decision.
44 Information
sharing
(1) The
Medical Director may share information obtained or received under or for the
purposes of these Regulations with –
(a) the Minister for Social Security, for purposes connected
with the Minister’s approval of practitioners under the 1967 Law;
(b) the Minister for Health and Social Services, for purposes
connected with the Minister’s functions under the 1960 Law;
(c) a responsible officer appointed under Article 10C of
the 1960 Law, for purposes connected with the discharge of that
officer’s functions under that Law.
(2) The
Medical Director may use information obtained or received under or for the
purposes of these Regulations for purposes connected with the discharge of his
or her functions as the responsible officer, appointed under Article 10C
of the 1960 Law, for performers.
(3) A
person who receives information from the Medical Director pursuant to paragraph (1)
may only use it for the purposes specified in the person’s case in that
paragraph.
(4) The
Medical Director shall keep secure information obtained or received under or
for the purposes of these Regulations.
(5) When
the Medical Director no longer needs to keep information obtained or received
under or for the purposes of these Regulations, the Medical Director shall
either cause the information to be destroyed in a secure manner or return it to
the person who provided it.
45 Transitional
arrangements
(1) Upon
commencement, an existing approved medical practitioner shall be included in
the performers list.
(2) An
existing approved medical practitioner shall, within the period of 12 months
following commencement, supply to the Primary Care Governance Team the information
and documents, described in paragraphs 2 and 3 of Schedule 1, that
would be required of an applicant for inclusion in the performers list, and the
declaration, described in paragraph 7 of Schedule 1, that would be
required from such an applicant.
(3) Part 4
shall apply as if a failure, without reasonable excuse, to comply with paragraph (2)
was a failure by a performer who is an existing approved medical practitioner
to comply with an additional condition applicable in his or her case.
(4) These
Regulations shall apply to a medical practitioner who was first approved pursuant
to an application for approval made on or before 1st November 1993 with
the omission of Regulations 4(b), 6(b) and 29(1)(b)
and paragraph 3(b) of Schedule 1.
(5) These
Regulations shall apply to a medical practitioner who was first approved
pursuant to an application for approval made after 1st November 1993 but
before commencement with the following modifications –
(a) the references in Regulations 4(b), 6(b) and 29(1)(b)
to inclusion in the General Practitioner Register shall be construed as
references to compliance with the condition in the Health Insurance (Conditions
for Approval of Medical Practitioners) (Jersey) Regulations 1993;
(b) the
requirement imposed by paragraph (2) of this Regulation and paragraph 3
of Schedule 1 to supply a certificate that the practitioner is registered
in the General Practitioner Register shall be construed as a requirement to
supply a certificate or other evidence that the practitioner complies with the
condition mentioned in sub-paragraph (a).
(6) In
this Regulation –
“commencement” means
commencement of these Regulations;
“existing approved medical
practitioner” means a medical practitioner who, immediately before
commencement, is an approved medical practitioner, and whose approval has not
been withdrawn for a definite or indefinite period under Article 27(2) of
the 1967 Law.
46 Citation
and commencement
These Regulations may be
cited as the Health Insurance (Performers List for General Medical
Practitioners) (Jersey) Regulations 2014 and shall come into force on 1st October
2014.
l.-m. hart
Deputy Greffier of the States
SCHEDULE 1
(Regulation 5)
requirements for application
1 Information
to be provided
An application for inclusion in the performers list shall contain
the information required by paragraphs 2 and 4.
2 Basic
information
(1) An
application shall contain –
(a) the full name with which the applicant is registered under the
Medical Act 1983;
(b) the applicant’s gender and date of birth;
(c) the residential address with which the applicant is
registered under the Medical Act 1983;
(d) the applicant’s telephone number and email address.
(2) An
application shall contain the following information regarding the
applicant’s qualifications and past practice –
(a) a full description of the applicant’s medical
qualifications including the institution which awarded them;
(b) in respect of the applicant’s registration in the
United Kingdom –
(i) the registration number assigned to the applicant in respect
of his or her registration in the UK practitioners register,
(ii) the date the applicant was first registered in the UK
practitioners register,
(iii) the date by which the
applicant is next due, in accordance with Regulations made under section 32(1)(c)
of the Medical Act 1983, to pay a retention fee in respect of the
retention of the applicant’s name in the UK practitioners register;
(iv) the
applicant’s next submission date, notified in accordance with
regulation 6 of the General Medical Council (Licence to Practise and
Revalidation) Regulations Order of Council 2012.
(3) An
application shall provide details of any conditions imposed by the General
Council upon, or undertakings given by the applicant in connection with, the
applicant’s registration under the Medical Act 1983 or his or her
licence to practise.
(4) An
application shall state whether, pursuant to Regulations made under
section 45A of the Medical Act 1983, when the applicant commences
practise in Jersey, the applicant will have, and continue to have, a
responsible officer in the United Kingdom and, if the applicant will have such an
officer, the name and address of the applicant’s responsible officer in
the United Kingdom.
(5) An
application shall contain –
(a) the
name, address and email address of each employer for whom and each company,
partnership or other entity as a director, partner or other officer of which,
the applicant intends to provide medical services in Jersey;
(b) whether the applicant intends to provide medical services in
Jersey on a self-employed basis;
(c) the addresses at which the applicant intends to provide
medical services in Jersey;
(d) the date from which the applicant intends to provide medical
services in Jersey; and
(e) whether the services are intended to be provided indefinitely
or, if not, the period for which the services are intended to be provided.
(6) An
application shall –
(a) provide details of any findings against the applicant
regarding any matter relating to fraud, where the outcome was adverse;
(b) provide details of any investigation into the
applicant’s professional conduct by any licensing, regulatory or other
body, where the outcome was adverse;
(c) provide details of any investigation by an employer into the
applicant’s professional conduct, where the outcome was adverse;
(d) provide details of any offence of which the applicant has
been convicted –
(i) in Jersey, or
(ii) elsewhere, if the offence, if committed in Jersey, would be
an offence in Jersey.
(7) An
application shall state whether, to the applicant’s knowledge, the
applicant is currently subject to any investigation or proceedings of the
following description –
(a) an
investigation into, or proceedings regarding, the applicant’s
professional conduct by any licensing, regulatory or other body, including any
investigation into, or proceedings regarding, any matter relating to fraud;
(b) an investigation into, or disciplinary proceedings
regarding, the applicant’s professional conduct by an employer; or
(c) an investigation or proceedings that might lead to the
applicant’s conviction for an offence in Jersey or to a conviction
elsewhere if the act, if committed in Jersey, would be an offence in Jersey,
and, if the
applicant is subject to any such investigation or proceedings, provide details.
3 Basic
documents
The application must be accompanied by a certificate issued by
the registrar of the General Council under section 34A of the Medical Act 1983 –
(a) that the applicant is registered in the register kept under
section 2 of the Medical Act 1983 and holds a licence to practise;
and
(b) that the applicant is registered in the General Practitioner
Register.
4 Further
information
(1) An
application shall contain a chronology of the applicant’s professional
experience in –
(a) general practice;
(b) hospital appointments; and
(c) any other professional experience.
(2) The
chronology must include –
(a) the start and end date for each post;
(b) the reasons for leaving each post including, if the
applicant was dismissed, the reasons for dismissal;
(c) the reasons for any gap between the end of one post and the
start of the next; and
(d) evidence of each post.
(3) An
application shall state whether, to the applicant’s knowledge, the
applicant is currently subject to an investigation or proceedings which may
lead to the applicant’s disqualification, removal or suspension from an
equivalent list and, if the applicant is subject to any such investigation or
proceedings, provide details.
(4) An
application shall –
(a) state whether or not the applicant has any outstanding
application, including a deferred application, to be included in an equivalent
list and, if so, particulars of the application;
(b) provide details of any equivalent list –
(i) from which the applicant has been removed,
(ii) in which the applicant has been refused inclusion,
(iii) in
which the applicant has been included subject to conditions, or
(iv) from
which the applicant is currently suspended,
together with an
explanation why; and
(c) state whether the applicant is or has ever been subject to a
national disqualification;
(5) An
application shall contain the name and addresses of 2 referees who are
willing to provide clinical references relating to 2 recent posts held by
the applicant as a medical practitioner (which may include a current post),
each of which lasted at least 3 months without a significant break.
(6) If
the applicant is unable to provide the names and addresses of 2 referees
as required by sub-paragraph (5), the applicant must provide the name and
address of one or, as the case requires, 2 alternative
referees and explain why sub-paragraph (5) cannot be complied with.
5 Further
documents
(1) An
application for inclusion in the performers list shall be accompanied by
evidence that the applicant has, or will have, an appropriate indemnity
arrangement which provides, or will provide, the applicant with cover in
respect of liabilities that may be incurred in carrying out the
applicant’s practice.
(2) An
application for inclusion in the performers list shall be accompanied by an
enhanced criminal record certificate issued not more than 6 months before
the application is made.
6 Application
for temporary inclusion in the performers list
(1) Notwithstanding
paragraph 1, an application for temporary inclusion in the performers list
shall provide only –
(a) the information specified in paragraph 2(1), (2) and
(3); and
(b) details of any equivalent list in which the applicant is
included.
(2) Notwithstanding
paragraph 1, an application for temporary inclusion in the performers list
is not required to provide any documents.
7 Form
of application
An application shall be made using a form provided by the Minister for
Health and Social Services for the purpose and shall contain a declaration by
the applicant –
(a) that, to the best of the applicant’s knowledge,
information and belief, the information provided by him or her is true and
complete;
(b) that
the applicant shall, as soon as is reasonably practicable, inform the Primary
Care Governance Team, in writing, of any change in or addition to the
information required by paragraph 2 that occurs after the
applicant’s application is made and before the application is determined;
and
(c) consenting to a determining officer requesting from –
(i) any employer or former employer of the applicant,
(ii) any partnership in which the applicant is or was a partner
or any company or other entity of which the applicant is or was a director or
other officer, or
(ii) from any body that licenses or
regulates the practice of medicine,
information
relating to a current investigation into the applicant or to a past
investigation into the applicant, where the outcome was adverse.
SCHEDULE 2
(Regulation 9)
General conditions applicable to all
performers
1 Changes
in circumstances
(1) A performer
must notify the Primary Care Governance Team, within 7 days, in writing, of
any material change in the information provided by the performer in his or her
application, made as required by Schedule 1.
(2) Without
prejudice to the generality of the requirement in sub-paragraph (1), a
performer must notify the Primary Care Governance Team, in writing, within
7 days of the performer –
(a) being convicted in the British Islands of a criminal
offence;
(b) being convicted elsewhere in the world of a criminal offence
that, if committed in Jersey, would be an offence in Jersey;
(c) being charged with a criminal offence in the British
Islands;
(d) being charged with a criminal offence elsewhere in the world
which, if committed in Jersey, would be an offence in Jersey;
(e) becoming the subject of any investigation by any regulatory
or other body;
(f) becoming the subject of any investigation in respect of any
current or previous employment;
(g) being informed of the outcome of any investigation in
respect of any current or previous employment which includes a finding adverse
to the performer;
(h) becoming the subject of any investigation by the NHS
Business Services Authority established as a Special Health Authority under
section 28 of the National Health Service Act 2006;
(i) being informed of the outcome of an investigation by the Authority
mentioned in clause (h) which includes a finding adverse to the performer;
(j) becoming the subject of any investigation by the holder of
any equivalent list that could lead to the performer’s removal from the
list;
(k) being
removed or suspended from, refused inclusion in, or included subject to
conditions in, any list; or
(l) becoming subject to a national disqualification.
(3) A
performer must, each year, when requested by the Medical Director or a
determining officer –
(a) confirm, in writing that the information held by the Primary
Care Governance Team in respect of the performer is correct; or
(b) notify the Primary Care Governance Team, in writing, of any
change in that information.
(4) The
Medical Director or a determining officer may request further information
regarding any change or event mentioned in sub-paragraph (1), (2) or (3)
from –
(a) the performer’s current or a former employer;
(b) the holder of an equivalent list;
(c) any regulatory or other body.
(5) Where
a request is made under sub-paragraph (3), the performer must consent to
the provision of information in response to the request.
(6) A performer
must notify the Primary Care Governance Team, in writing, within 7 days,
of the performer’s application to be admitted, or the performer’s
admission, to an equivalent list.
2 Conduct
(1) A
performer must follow guidance published by the General Council regarding good
medical practice.
(2) A
performer must, if requested by the Medical Director or a determining officer,
provide an enhanced criminal record certificate issued within such period as is
specified in the request.
(3) The
Medical Director or a determining officer must have reasonable cause for making
a request under sub-paragraph (2).
3 Appraisals
(1) A
performer must participate in appropriate and relevant appraisal procedures.
(2) The
appraisals required by sub-paragraph (1) must involve obtaining and taking
account of all available information relating to the performer’s fitness
to practise in the work carried out by the performer as a provider of medical
services and any other clinical practice carried out by the performer during
the appraisal period.
(3) An
appraisal of a performer and any information or documents taken into account in
the conduct of the appraisal, must be submitted to the Medical Director.
4 Assessments
(1) A
performer must, if requested by the Medical Director or a determining officer,
take part in an assessment of the performer’s knowledge of English.
(2) A
performer must, if requested by the Medical Director or a determining officer,
co-operate with an assessment by the a body or
organization having the appropriate qualifications and experience to assess the
performer’s clinical skills and performance.
(3) The
Medical Director or a determining officer must have reasonable cause for making
a request under sub-paragraph (2) or (3).
SCHEDULE 3
(Regulation 40(1))
hearing of appeal
1 Interpretation
of Schedule 3
In this Schedule –
“chairman” means the chairman
of the Panel;
“hearing” means the hearing of
an appeal by a Panel;
“Panel” means a sub-panel of the Performers List Appeals
Panel convened under Regulation 39(5) to hear an appeal;
“working day” means a day other
than a Sunday, Good Friday, Christmas Day or a day that, pursuant to an Act
made under Article 2 of the Public Holidays and Bank Holidays (Jersey) Law 1951[10], is to be observed as a
public holiday.
2 Hearing
to be in private
A hearing shall be held in private.
3 Notice
of hearing
(1) The
Panel shall fix a date and place for the hearing and shall give the appellant
and the Medical Director not less than 10 working days’ notice of
the date and place fixed.
(2) The
notice required by sub-paragraph (1) shall also inform the appellant and
the Medical Director of their rights under paragraph 4.
4 Procedure
(1) The
appellant and the Medical Director shall be entitled to appear and to be heard
at the hearing.
(2) The
appellant and the Medical Director may each be represented by any person and
that person shall be entitled to appear and to be heard at the hearing.
(3) The
Panel may proceed with the hearing in the absence of the appellant or the
Medical Director, whether represented or not, if it appears to be just and
proper to do so.
(4) The
Panel may adjourn the hearing from time to time, as may appear necessary for
the due hearing of the appeal.
5 Evidence
The appellant and the Medical Director may each call witnesses.
6 Determination
of appeal without hearing
Notwithstanding the foregoing provisions of this Schedule, the Panel
may, with the agreement of the appellant and Medical Director, determine the
appeal without a hearing.
7 Decision
of Panel
(1) The
Panel’s decision shall be in writing, signed by the chairman, and include
a statement of the reasons for the decision.
(2) The
Panel’s decision shall be sent to the appellant, the Medical Director and
the Minister for Health and Social Services.
8 General
provision as to procedure
Except as provided by this Schedule, the procedure
at a hearing shall be determined by the Panel.