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Q & A - Professional Regulation
Index
RG504 - Bankruptcy
RG503 - Private practice
RG502 - Retirement age
RG501 - Retained doctors and performers list
Q RG504 - Bankruptcy - Can a PCT terminate a GMS contract because the partner has been declared bankrupt? Can he be removed from the
Performers List? New 27/06
Answer - The PCT may use Regulation 5 (2)i and Regulation 113 (2)j to remove a partner for Bankruptcy. This is, however, not a
requirement. The PCT should normally demonstrate that a decision to terminate the contract on grounds of bankruptcy was a reasonable and proportionate response.
The National Health Service (Performers Lists) Regulations – SI 2004 No. 585 do not specifically include bankruptcy as a reason for removal from the performers list, although
undefined ‘unsuitability’ is given as a possible reason for removal from the list.
The GP could, therefore, continue to work as a GP employed by the PCT or by the practice.
CED
Q RG503 - Private practice – I have noticed in the medical ‘rags’ that the government has been in talks regarding the extension of some
LIFT projects to include medical service provision in primary care. Where can I find further details of this? With the current emphasis on diversity of service provision and increasing use of
private providers in the NHS is there any ‘official guidance’ on private practice? New 14/06
Answer - We have been unable to find out any more about the private
meetings that allegedly took place. There is very little available information on Alternative Service Provision or APMS, and in fact very little information about private practice as it relates to GPs.
Wessex LMCS is keeping a watching brief on developments and in the meantime the following information may be of assistance to you.
GPC - interface between NHS and private treatment - Guidance from
the Ethics Department - February 2004
Department of Health - Alternative Provider Medical Services (APMS) guidance
NHS Confederation - APMS ‘Meet the Market’ - 23rd November 2004
National Health Service Act 1977 Alternative Provider Medical
Services Directions 2004
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Q RG502 - Retirement age - I am a GP who is approaching age 70. In
the past I would have had to retire then. Does this still apply under GMS2? I am not on the performers list and have not been appraised. Is this a problem?
New 28/04
Answer – A GP may continue working as a GP as long as his or her
health, skills and competencies allow. However, since you are not currently on a Performers List you would have to apply for inclusion and the PCT may not agree to this since they would have no objective
assessment of your current level of clinical competence. You may require additional training and assessment in order to demonstrate your competence.
If permitted to join the list you would have to make an undertaking that you will participate in the PCT appraisal system and co-operate with an
assessment by the NCAA, if requested to do so by the Primary Care Trust.
CED
Q RG501 - Retained doctors and performers list - Should retained doctors be on a performers list? New 10/01
Answer - Retained Doctors are regarded as GPs under training and their
attachment to practices has to be approved by the Deanery. However, since they possess full registration with the GMC they must be on the performers list before they start to see and treat patients. A trainee
doctor with provisional registration, and who is therefore working under supervision, does not have to be on the Performers’ List.
General practice registrars may be exempt from inclusion on the performers list for up to 2 months if there is insufficient time to process
their application in good time before commencing work in general practice.
See the Departments of Health guidance on the performers’ list Primary medical performers lists: frequently asked questions.
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