S.I. No. 88/1972:

HEALTH SERVICES REGULATIONS, 1972.

HEALTH SERVICES REGULATIONS, 1972.

The Minister for Health, in exercise of the powers conferred on him by section 5 of the Health Act, 1947 (No. 28 of 1947) and sections 17 (4) (e), 58, 59 and 72 of the Health Act, 1970 (No. 1 of 1970) hereby makes the following Regulations:

1. These Regulations may be cited as the Health Services Regulations, 1972.

2. In these Regulations--

"the Act" means the Health Act, 1970 ;

"the Minister" means the Minister for Health.

3. These Regulations shall come into operation on 1st day of April, 1972.

4. The Regulations specified in the Schedule hereto are hereby revoked.

5. (1) Subject to article 7, the service under section 58 of the Act shall be made available--

(a) through arrangements made by the health board by way of agreements with registered medical practitioners under section 26 (1) of the Act in accordance with conditions specified by the Minister under that section, or

(b) in any place where it is considered that such arrangements would not provide an adequate service through an officer of the board.

(2) The arrangements referred to in sub-article (1) shall be such that, in so far as is practicable, a person availing himself of the service shall have a choice of medical practitioner.

(3) Any function relating to a health board as respects an arrangement under this article shall be a function of the Chief Executive Officer of the board.

6. (1) Subject to article 7, the service under section 59 (1) of the Act shall be made available through arrangements made by the health board under section 26 (1) of the Act in accordance with conditions specified by the Minister under that section.

(2) The period determined for the purposes of section 59 (2) of the Act shall be the period commencing on the first day of any month and ending on the last day of that month and the amount determined for the purposes of that sub-section shall be £3.

(3) One half of the balance of the cost of a person being supplied in respect of the relevant period with drugs, medicines and medical and surgical appliances shall be met by the health board, where that balance does not exceed £2.

(4) Where the balance of the cost of a person being supplied in respect of the relevant period with drugs, medicines and medical and surgical appliances exceeds £2, the amount met by the health board shall be £1 plus the amount by which the balance exceeds £2.

(5) Any function relating to a health board as respects an arrangement under this article shall be a function of the chief executive officer of the board.

7. During the period from 1st day of April, 1972 to 30th day of September, 1972, the provisions of articles 5 and 6 shall not apply as respects any health board other than the Eastern Health Board and during that period each such health board shall make available a general practitioner service and drugs, medicines and appliances for persons with full eligibility in the manner in which those services were being made available on 31st day of March, 1972.

8. (1) (a) Whenever, as respects a complaint in relation to the operation by a medical practitioner of an arrangement referred to in article 5 (1) (a), a chief executive officer of a health board, having conformed with the conditions of the agreement, so decides, he may request the Minister to appoint a committee under this article to examine such complaint and the Minister shall thereupon appoint such a committee.

(b) Whenever a decision has been taken in the operation of an arrangement referred to in article 5 (1) (a) as respects to which an appeal is expressed to lie to committee under this article and the registered medical practitioner concerned has indicated his intention to make such an appeal, the chief executive officer of the health board shall request the Minister to appoint a committee under this article to consider such appeal and the Minister shall thereupon appoint such a committee.

(2) Membership of a committee referred to in sub-article (1) shall consist of--

(a) one person (being the chairman of the committee) who shall be selected by the Minister in agreement with the Irish Medical Association and the Medical Union,

(b) two persons selected by the Minister from a panel of persons nominated by the Irish Medical Association and the Medical Union,

(c) two persons selected by the Minister at his discretion.

(3) Nominations of persons to a panel referred to in sub-article (2) (b) shall be for a period of five years.

(4) The quorum for a committee under this article shall be three, at least one member of the quorum being a person referred to in sub-article (2) (b) and at least one being a person referred to in sub-article (2) (c).

(5) Any question arising before a committee under this article shall be decided by the majority of the members of the committee who are present and vote and, in case of an equality of votes on any question, the chairman shall have a second or casting vote.

(6) A committee under this article may act notwithstanding any vacancy among its members.

(7) The chairman of a committee shall convene the first meeting of the committee not less than ten days after the committee is established.

(8) During the conduct of the committee's proceedings, which shall be held in private, the chairman shall have discretion as to the conduct of the proceedings and in particular shall--

(a) decide the order of appearance of persons appearing before the committee,

(b) permit the medical practitioner concerned to appear in person or to be represented or assisted by another person or persons, and

(c) hear, if he thinks fit, any person who is not a party to the proceedings.

(9) The committee shall make its recommendations in writing to the chief executive officer and shall send a copy of the recommendations to the medical practitioner concerned.

(10) A committee shall complete its proceedings and submit its recommendations notwithstanding that any member of the committee has ceased to be a person whose name is on a panel referred to in sub-article (2) (b).

(11) Where, before a committee has made a recommendation, a member of the committee for any reason becomes unable to continue to act as such, the Minister may, at the request of the medical practitioner concerned, or if the Minister considers it desirable so to do, appoint another committee.

(12) A committee shall complete its examination of a complaint with all practicable speed and shall send a copy of its recommendations to the medical practitioner concerned and to any other person concerned.

(13) Where a committee upholds a complaint, referred to in sub-article (1) (a), it may--

(a) recommend termination of the agreement between the health board concerned and the medical practitioner and, if it so thinks fit, the termination of any agreement between another health board and the medical practitioner for the provision of services,

(b) recommend to the health board the deduction of a specified sum of money from payments due to the medical practitioner under the relevant agreement in accordance with its terms or,

(c) recommend to the health board that the medical practitioner should be admonished.

(14) When a committee under this article recommends the termination of an agreement, the agreement may be terminated on behalf of the board after the expiration of a period of twenty-one days from the communication to the medical practitioner concerned of such recommendation, unless a request has been made to the Minister under sub-article (15).

(15) A medical practitioner in relation to whom a recommendation for termination of an agreement or for the deduction of a specific sum of money has been made under sub-article (13) may request the Minister to issue a direction to the chief executive officer of the health board in relation to that recommendation.

(16) A request under sub-article (15) shall be submitted in writing to the Minister either by the medical practitioner concerned or on his behalf and shall specify the grounds on which the medical practitioner requests the Minister to issue a direction to the chief executive officer and the Minister shall notify the chief executive officer of the receipt of such request.

(17) Where a request is made to the Minister under sub-article (16), the Minister may give to the chief executive officer a direction (being a direction to comply with the recommendation of the committee or such other direction as the Minister considers appropriate) and the chief executive officer shall comply with any such direction.

(18) Where an appeal referred to in sub-article (1) (b) has been considered by a committee under this article, the committee shall convey its decision to the board and to the registered medical practitioner concerned and the board shall act in accordance with the decision of the committee.

9. Services under section 67 (1) of the Act shall be made available only to persons with full eligibility.

SCHEDULE.

REGULATIONS REVOKED.

General Medical Services Regulations, 1954 ( S.I. No. 102 of 1954 ).

General Medical Services (Amendment) Regulations, 1954 ( S.I. No. 159 of 1954 ).

General Medical Services (Amendment) Regulations, 1955 ( S.I. No. 49 of 1955 ).

GIVEN under the Official Seal of the Minister for Health this 24th day of March, 1972.

ERSKINE CHILDERS,

Minister for Health.

The Minister for Finance consents to these Regulations.

Dated this 24th day of March, 1972.

SEOIRE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations govern the manner in which and the extent to which services under sections 58 , 59 (1), 59 (2), 59 (4) and 67 (1) of the Health Act, 1970 will be provided by health boards. They also revoke certain other regulations which will become obsolete on the introduction of these Regulations.