Contracts and regulations
Contract and regulations
Access to health records
The BMA has produced guidance for GPs and their practices covering all aspects relating to confidentiality of patient information and medical records.
GP Contract 2023/24
There’s information about the 2023/24 GP contract on the BMA website
NHS England has also published updated contract documentation, setting out changes to the GP contract in 2023/24. This can be viewed here
A link to the The National Health Service (Performers Lists) (England) Regulations 2013 is available below
General Data Protection Regulation (GDPR)
The General Data Protection Regulation has introduced wide ranging and significant changes to UK data protection legislation.
The BMA's main GDPR guidance is here and includes FAQ sections related to GDPR resources and the role of the DPO.
Due to the complex nature of the new regime for data protection laws, the BMA cannot offer comprehensive legal advice on GDPR. However its guidance should help practices navigate the legislation and point them in the right direction for guidance on the questions that may arise. The BMA guidance will be updated regularly as new guidance is published so please check back regularly.
In addition to the above information, practices may also find the following links of interest:
There is a suite of information on the BMA website for GP partners, practice managers and doctors to use to ensure your practice is compliant and delivering the best patient care.
There’s a range of guidance for GP practices on the CQC website. In addition to the above, the BMA has produced guidance for practices which provides a straightforward explanation to help you determine whether you are compliant with the CQC's essential standards. This guidance is available here .
Clinical Negligence Scheme for General Practice
There are full details of the above scheme on the NHS Resolution website.
Dealing with unfair comments as a GP practice
BMA guidance is available here.
Doctors use of social media
There are many benefits to using social media, but the legal consequences of improper use can be serious. Please remember that any communication you send, whether from work or privately, and in whatever form, can lead to legal claims against you and can be used as evidence in those claims.You must always avoid any communication that could lead to legal claims, e.g you must not send anything that is abusive, obscene, discriminatory, or bullying.The GMC and BMA have each produced guidance for doctors that describe the benefits and risks to consider when using social media platforms such as Twitter, WhatsApp, and other messaging services, Facebook and YouTube.
Use caution and common sense and read further guidance from these organisations if you need to.
Medical Examiners provide independent scrutiny of the causes of death in cases not investigated by a coroner. They agree a cause of death with the Qualified Attending Physician (QAP) and refer any concerns about care to the appropriate body. In addition, they have a conversation with the bereaved to explain the cause of death and identify any questions or concerns about the care of a patient before they died. Medical Examiner Offices are also happy to discuss if a coronial referral is required. From April 2024 it will be a statutory requirement for all deaths to be scrutinised by a medical examiner. This document sets out more detail about the process including local contact details.
There is more information available here.
Information available on the BMA website.
Guidance on a range of prescribing related topics on the BMA website. There is information about responsibility for prescribing between primary and secondary/tertiary care on the NHSE website. Please contact the relevant Executive Officer on the YORLMC Corporate Affairs Team with any prescribing queries, eg. private prescribing or prescribing for patients travelling abroad.
Primary Care Support England (PCSE)
There is information relevant to GPs and practices on the PCSE website. There is guidance about PCSE on the BMA website including issues raised by GP practices, guidance on how you can raise concerns and what the BMA is doing to help.
Removing patients from the practice list
Guidance on the BMA website.
Taking on new partners
There is guidance on the BMA website about considerations to make when first appointing a new partner, including due diligence, documents you need and references. LMC Law offer a full partnership drafting service at competitive market rates and there is more information about LMC Law’s services here.
The BMA has developed a number of ethics toolkits. Included in this resource is an Adults Safeguarding Ethics toolkit and a Children and Young People toolkit. The GMC has also produced ethical guidance for doctors – available here.
There are local resources available at the links below:
- Bradford Safeguarding Children Board
- Bradford Safeguarding Adults Board
- City of York Safeguarding Children Partnership
- North Yorkshire Safeguarding Children Partnership
- North Yorkshire Safeguarding Adults Board