December 2004
Fee paying services and principles governing receipt of additional fees (terms and conditions of service, schedules 10 and 11 – for doctors under the new consultant contract (Northern Ireland) April 2004)
Schedule 10 – Fee paying services
1. Fee paying services are services that are not part of contractual or consequential services and not reasonably incidental to them. Fee paying services include:
a) work on a person referred by a medical adviser of the Department of Social Development, or by an Adjudicating Medical Authority or a Medical Appeal Tribunal, in connection with any benefits administered by an Agency of the Department of Social Development;
b) work for the Criminal Injuries Compensation Board, when a special examination is required or an appreciable amount of work is involved in making extracts from case notes;
c) work required by a patient or interested third party to serve the interests of the person, his or her employer or other third party, in such non-clinical contexts as insurance, pension arrangements, foreign travel, emigration, or sport and recreation. (This includes the issue of certificates confirming that inoculations necessary for foreign travel have been carried out, but excludes the inoculations themselves. It also excludes examinations in respect of the diagnosis and treatment of injuries or accidents);
d) work required for life insurance purposes;
e) work on prospective emigrants including X-ray examinations and blood tests;
f) work on persons in connection with legal actions other than reports which are incidental to the consultant’s contractual and consequential duties, or where the consultant is giving evidence on the consultant’s own behalf or on the employing organisation’s behalf in connection with a case in which the consultant is professionally concerned;
g) work for coroners, as well as attendance at coroners’ courts as medical witnesses;
h) work requested by the courts on the medical condition of an offender or defendant and attendance at court hearings as medical witnesses, otherwise than in the circumstances referred to above;
i) work on a person referred by a medical examiner of HM Armed Forces Recruiting Organisation;
j) work in connection with the routine screening of workers to protect them or the public from specific health risks, whether such screening is a statutory obligation laid on the employing organisation by specific regulation or a voluntary undertaking by the employing organisation in pursuance of its general liability to protect the health of its workforce;
k) occupational health services provided under contract to other HPSS, independent or public sector employers;
l) work on a person referred by a medical referee appointed under the Workmen’s Compensation (Supplementation) Act (Northern Ireland) 1966;
m) work on prospective students of universities or other institutions of further education, provided that they are not covered by contractual and consequential services. Such examinations may include chest radiographs;
n) appropriate examinations and recommendations under Parts II and IV of the Mental Health (Northern Ireland) Order 1986 and fees payable to medical members of Mental Health Review Tribunals;
o) services performed by members of hospital medical staffs for government departments as members of medical boards;
p) work undertaken on behalf of the Employment Medical Advisory Service in connection with research/survey work, ie the medical examination of employees intended primarily to increase the understanding of the cause, other than to protect the health of people immediately at risk (except where such work falls within contractual and consequential services);
q) completion of Form B (Certificate of Medical Attendant) and Form C (Confirmatory Medical Certificate) of the cremation certificates;
r) examinations and reports including visits to prison required by the Prison Service which do not fall within the consultant’s contractual and consequential services and which are not covered by separate contractual arrangements with the Prison Service;
s) examination of blind or partially-sighted persons for the completion of form A655, except where the information is required for social security purposes, or by an Agency of the Department of Social Development, or the Employment Service, or the patient’s employer, unless a special examination is required, or the information is not readily available from knowledge of the case, or an appreciable amount of work is required to extract medically correct information from case notes;
t) work as a medical referee (or deputy) to a cremation authority and signing confirmatory cremation certificates;
u) medical examination in relation to staff health schemes of local authorities and fire and police authorities;
v) delivering lectures;
w) medical advice in a specialised field of communicable disease control;
x) attendance as a witness in court;
y) medical examinations and reports for commercial purposes, eg certificates of hygiene on goods to be exported or reports for insurance companies;
z) advice to organisations on matters on which the consultant is acknowledged to be an expert.
Schedule 11 – Principles governing receipt of additional fees
1. In the case of the following services, the consultant will not be paid an additional fee, or – if paid a fee – the consultant must remit the fee to the employing organisation: