Health and Social Care Bill

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Mr. Hammond: At the risk of getting ahead of ourselves, perhaps it would help if I clarified the issue. In relation to the supplementary list, the Bill states

persons approved...for the purpose of assisting in the provision of general medical services.

Does that mean that ``assisting'' must be defined narrowly, and would not include, for example, practice nurses, who, in the everyday sense of the word, are ``assisting'' in the provision of services?

Mr. Denham: I believe that that is right. I will ensure that we cover it adequately when we get to that point. We need a specific rather than a colloquial definition.

Amendment agreed to.

Amendments made: No. 117, in page 15, line 8, leave out from beginning to end of line 18 and insert—

`(a) after subsection (2), there shall be inserted—

``(2A) The regulations may also make provision in relation to—

(a) grounds on which a Health Authority may, or must, refuse to nominate or approve a medical practitioner for appointment to fill a vacancy (including his unsuitability for inclusion in their medical list, and grounds corresponding to the condition referred to in section 49F(3) below);

(b) information which must be supplied to a Health Authority by a medical practitioner seeking such nomination or approval (or by arrangement with him);

(c) the supply to a Health Authority by such a medical practitioner of a certificate of the kind referred to in section 29A(4A)(b) above; and

(d) the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about such medical practitioners, and refusals by the Health Authority to nominate or approve them.'';

(b) in subsection (3), after paragraph (a) there shall be inserted—

``(aa) grounds on which a Health Authority may defer a decision whether or not to nominate or approve a medical practitioner for appointment to fill a vacancy;''; and

(c) after subsection (3) there shall be inserted—

``(3A) If regulations made by virtue of subsection (2A)(a) provide that a Health Authority may refuse to nominate or approve a medical practitioner for appointment to fill a vacancy, they must provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority's decision.'''

No. 118, in page 15, line 21, leave out `(5)' and insert `(7)'.

No. 119, in page 15, line 21, leave out `and' and insert—

`( ) after subsection (1) there shall be inserted—

``(1A) The regulations may include provision as to—

(a) information which must be supplied to a Health Authority by, or by arrangement with, a dental practitioner or dental corporation included or seeking inclusion in a list referred to in subsection (1)(a); and

(b) the supply to a Health Authority—

(i) by a dental practitioner who is included, or seeking inclusion, in such a list, or

(ii) by a director of a dental corporation included, or seeking inclusion, in such a list,

of a criminal conviction certificate under section 112 of the Police Act 1997 or a criminal record certificate under section 113 of that Act.''; and'.

No. 120, in page 15, line 24, leave out from `provision' to end of line 34 and insert

`in relation to grounds on which a Health Authority may, or must, refuse to include a dental practitioner or a dental corporation in a list referred to in subsection (1)(a) (including his, or its, unsuitability for inclusion in such a list, and grounds corresponding to the condition referred to in section 49F(3) below).

(5) Those regulations may make provision in relation to criteria to be applied in making decisions under the regulations.

(6) If those regulations provide that a Health Authority may refuse to include a dental practitioner or dental corporation in such a list, they must also provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority's decision.

(7) Regulations may provide for grounds on which a Health Authority may defer a decision whether or not to grant an application for inclusion in a list referred to in subsection (1)(a).

(8) Regulations may make provision as to the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about dental practitioners and dental corporations seeking inclusion in such a list, and refusals by the Health Authority to include them.'.

No. 121, in page 15, line 40, leave out from `provision' to end of line 7 on page 16 and insert

`in relation to— (a) grounds on which a Health Authority may, or must, refuse to include a medical practitioner or an ophthalmic optician in a list referred to in subsection (1)(a) (including the unsuitability of the applicant for inclusion in such a list, and grounds corresponding to the condition referred to in section 49F(3) below);

(b) information which must be supplied to a Health Authority by a person included or seeking inclusion in such a list (or by arrangement with him);

(c) the supply to a Health Authority by an individual—

(i) who is included, or seeking inclusion, in such a list, or

(ii) who is a director of a body corporate included, or seeking inclusion, in such a list,

of a criminal conviction certificate under section 112 of the Police Act 1997 or a criminal record certificate under section 113 of that Act;

(d) grounds on which a Health Authority may defer a decision whether or not to include a person in such a list;

(e) the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in such a list, and refusals by the Health Authority to include them; and

(f) criteria to be applied in making decisions under the regulations.

(3) If regulations made by virtue of subsection (2)(a) provide that a Health Authority may refuse to include a person in such a list, they must also provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority's decision.'''.

No. 122, in page 16, line 12, leave out from beginning to `and' in line 17 and insert—

```(f) as to other grounds on which a Health Authority may, or must, refuse to grant an application (including the unsuitability of the applicant for inclusion in such a list, and grounds corresponding to the condition referred to in section 49F(3) below);

(g) as to information which must be supplied to a Health Authority by a person included, or seeking inclusion, in such a list (or by arrangement with him);

(h) for the supply to a Health Authority by an individual—

(i) who is included, or seeking inclusion, in such a list, or

(ii) who is a director of a body corporate included, or seeking inclusion, in such a list,

of a criminal conviction certificate under section 112 of the Police Act 1997 or a criminal record certificate under section 113 of that Act;

(i) for grounds on which a Health Authority may defer a decision whether or not to grant an application;

(j) for the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in such a list, and refusals by the Health Authority to grant such applications;

(k) as to criteria to be applied in making decisions under the regulations (other than decisions required by virtue of paragraph (d)).'','.

No. 123, in page 16, line 19, leave out from `regulations' to end of line 23 and insert

`made by virtue of subsection (3)(f) provide that a Health Authority may refuse to grant an application, they must also provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority's decision.'''.

No. 124, in page 16, line 25, leave out `(2A)' and insert `(2B)'.

No. 125, in page 16, line 26, leave out `(2AA)' and insert `(2BA)'.

No. 126, in page 16, line 27, leave out from beginning to end of line 35 and insert—

`(a) as to grounds on which a Health Authority may, or must, refuse to grant an application for inclusion in a list of medical practitioners referred to in subsection (2A) (including his unsuitability for inclusion in such a list, and grounds corresponding to the condition referred to in section 49F(3) below);

(b) as to information which must be supplied to a Health Authority by a medical practitioner included, or seeking inclusion, in such a list (or by arrangement with him);

(c) for the supply to a Health Authority by a medical practitioner who is included, or seeking inclusion, in such a list of a criminal conviction certificate under section 112 of the Police Act 1997 or a criminal record certificate under section 113 of that Act;

(d) for grounds on which a Health Authority may defer a decision whether or not to grant an application for inclusion in such a list;

(e) for the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in such a list, and refusals by the Health Authority to grant such applications;

(f) as to criteria to be applied in making decisions under the regulations.

(2BB) If regulations made by virtue of subsection (2BA)(a) provide that a Health Authority may refuse to grant an application for inclusion in such a list, they must also provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority's decision.'''.—[Mr.Denham.]

Clause 22, as amended, ordered to stand part of the Bill.

Clause 23

Dental Corporations

Question proposed, That the clause stand part of the Bill.

3.30 pm

Mr. Desmond Swayne (New Forest, West): Were we still labouring under the ancien regime and had we decided, under the procedures that until 6 December governed these Committees, properly to scrutinise the Bill and subject clause 23 to a thorough examination, this would be a stretching process.

Yesterday, I sought a briefing from the British Dental Association, which replied to me in an e-mail message, saying that it

does not object to the amendment—

by which it means the clause—

to allow dental corporate bodies/companies to provide General Dental Services and to contract with Health Authorities for services. Some questions remain about the practical application of this, particularly in relation to discipline within the GDS Regulations, and these will be discussed with the Department of Health.

The Minister will no doubt look forward to those discussions, because they will be had with him, rather than in Committee. However, I have a couple of questions about the clause. Why is there no provision for ophthalmology or pharmacies similar to the arrangements that we are making for corporate bodies in respect of dentists?

 

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Prepared 25 January 2001