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Email sent by Wessex LMCs, on Tuesday, 10 May 2016

Date sent: Tuesday 10 May 2016

Email sent by Wessex LMCs, on Tuesday, 10 May 2016


Over the last week there are two very important issues that have been raised which I thought the LMC should bring to your attention.

1. The threat of non payment of CQC fees

2. The provision of private prescriptions as an alternative to an FP10.


The threat of non payment of CQC fees

There has been a suggestion following the outrage associated with the massive increase in CQC fees imposed on general practice that practices should simply refuse to pay the fee.  This suggestion has been widely expressed in Social Media.

The LMC's advice, backed by legal opinion, is that non-payment of CQC fees would be unlawful and put them at risk, ultimately of their practice registration being suspended or cancelled , so would lose its contract.


The provision of a private prescription as an alternative to an FP10

An issue about the use of private prescriptions alongside FP 10s was recently raised with the BMA and this statement seeks to clarify the position following legal advice.

The question raised relates specifically to whether GPs can issue private prescription forms at the same time as FP10s, in circumstances where this is a cheaper option for the patient than paying the NHS prescription charge. The BMA was asked to consider whether could be either a breach of the Regulations or collusion to defraud the NHS, who would otherwise recoup the prescription charge.  

The legal advice the BMA has received is clear that in cases of treatment under the primary care contract, GPs may not issue private prescriptions alongside and as an alternative to FP10s. In any case where a GP is obliged to issue an FP10 the concurrent issue of a private prescription will be a breach of obligation. In any case where a GP is obliged or entitled to issue an FP10 the concurrent issue of a private prescription will be conduct calculated to deprive the NHS of a small amount of money and will on that account also be wrongful.

The advice is therefore that GPs do not issue private prescriptions under these circumstances.

Best wishes


Dr Nigel Watson

Chief Executive

Wessex LMCs

Churchill House, 122-124 Hursley Rd

Chandler's Ford, Eastleigh

Hants. SO53 1JB (Registered Office)

Tel: 02380253874

Mobile: 07825173326


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Updated on 10 May 2016 2050 views