New details on the ophthalmic list saga have emerged prior to Christmas.
The professional bodies have confirmed PCTs are now aware of the changes to the original deadlines, which were published in optician (December 3).
ABDO, AOP and FODO revealed this week that the Department of Health has explained the timetable alterations in a directive to PCT chief executives.
Other facts about the controversial changes to the lists have emerged this week.
Regarding the complex 'grandfathering' arrangements - explained in optician, November 12 - the three professional bodies have confirmed that verbal agreements must be in place when the regulations come into force.
The DoH has confirmed that verbal agreements are sufficient, subject to a written formal agreement being in place no later than June 17 2005. Therefore PCTs should accept verbal agreements where advised of them, again subject to written confirmation.
Other arrangements that the bodies have confirmed with the Department include:
An agreement leasing the consulting room and equipment to an optometrist or OMP will allow that practitioner to qualify for inclusion on the ophthalmic list as a contractor.
The 'grandfathering' arrangements, and enrolling a business as an ophthalmic corporate body are not mandatory arrangements. They are both options available to businesses, so long as people fulfil the criteria - ie grandfathering is an option that a practice or group of practices can choose to use if they wish, rather than having to embark on the complications of becoming a limited company and then enrolling with the GOC as an ophthalmic corporate body, and vice versa.
A practitioner who is a sole trader, or one of a partnership which was providing the services/equipment etc, before the regulations come into force, can be placed on the local ophthalmic list in his own name.
Limited liability partnerships will be able to apply to be on lists as soon as the changes to the Opticians Act go through, anticipated to be by April 2005. PCTs may choose to begin processing applications earlier, but cannot place such bodies on a list nor treat them as contractors until the law is changed.
In addition, the DoH will clarify to the PCTs that applications from ophthalmic corporate bodies under the existing regulations should be processed now, and not put back until the new regulations come into force.
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