Certification - GMS Contract & Legal Obligations
The following is a list of obligations relating to Certification by GPs:
- GPs are obliged to provide data essential for a clinical referral free of charge.
- A GP has a statutory duty to supply a registered patient, free of charge, with any of the prescribed certificates set out in Schedule 4 of the NHS Regulations.
- A doctor has a professional and legal obligation to act in the patient's best interests at all times and must any provide information that is essential to prevent death or serious harm to an individual.
- A GP has a legal obligation to provide any certificate required under a Court order or by order of a Coroner.
- There is specific legislation and government and professional policy that imposes an obligation to provide information that is essential for the protection of children and vulnerable adults.
- There are other occasions where a GP may be obliged to provide information, for example where it is overwhelmingly in the public interest to do so, or where it is essential for the pursuit of due legal process. Specific legal advice may be required before providing such information.
Statutory Obligations
GPs have a statutory obligation to issue the following certificates to patients without charge:
- Med 3- “fit notes”
- Med 4
- Med 5
- Death and Stillbirth certification
- Mat B1
- Others covered in Table 1 below
Table 1: List of Prescribed Medical Certificates For NHS GPs (England And Wales) for Which Fees May Not Be Charged
|
Description of Medical Certificate |
Enactment under, or for the purpose of which certificate required: |
|
To support a claim or to obtain payment either personally or by proxy; to prove incapacity to work or for self-support for the purposes of an award by the Secretary of State; or to enable proxy to draw pensions etc |
|
|
To establish pregnancy for the purpose of obtaining welfare foods |
Section 13 of the Social Security Act 1988 (schemes for distribution etc of welfare foods)[68] |
|
To secure registration of still-birth |
Section 11 of the Births and Deaths Registration Act 1953 (special provision as to registration of still-birth) [69] |
|
To enable payment to be made to an institution or other person in case of mental disorder of persons entitled to payment from public funds |
Section 142 of the Mental Health Act 1983 (pay, pensions etc of mentally disordered persons)[70] |
|
To establish unfitness for jury service |
Juries Act 1974[71] |
|
To support late application for reinstatement in civil employment or notification of non-availability to take up employment owing to sickness |
Reserve Forces (Safeguarding of Employment) Act 1985[72] |
|
To enable a person to be registered as an absent voter on grounds of physical incapacity |
Representation of the People Act 1983[73] |
|
To support applications for certificates conferring exemption from charges in respect of drugs, medicines and appliances |
National Health Service Act 1977[74] |
|
To support a claim by or on behalf of a severely mentally impaired person for exemption from liability to pay the Council Tax or eligibility for a discount in respect of the amount of Council Tax payable |
Local Government Finance Act 1992[75] |
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