Data Protection

Data Protection Guidance
Data Protection Act 1998 -click here

The Data Protection Principles

As data controllers, medical practitioners must comply with the data protection principles established by data protection legislation. Those principles require that personal data:-

– shall be processed fairly and lawfully.

– shall be obtained for one or more specified and lawful purposes and shall not be further processed in any manner incompatible with that  purpose/purposes

– shall be adequate, relevant and non excessive.

– shall be kept for no longer than is necessary.

– shall be protected by appropriate technical and organisation security measures.

– shall not be transferred outside the European Economic Area without proper safeguards.

 

Freedom of Information

BRITISH MEDICAL ASSOCIATION MODEL PUBLICATION SCHEME FOR GENERAL PRACTITIONERS IN SCOTLAND

 Welcome to The Windmill Practice General Practitioner’s Publication Scheme. This is a guide to the General Practitioners’ (who practice together) within the partnership practice Publication Scheme as required under section 23 of the Freedom of Information (Scotland) Act 2002.

  The Windmill Practice

Dr Jacqueline Keenan

Dr. Gwen B. Fisher

 Under Section 23 of the Freedom of Information (Scotland) Act 2002 (The Act), a ‘public authority’, which is defined as including General Practitioners, must prepare a publication scheme setting out the information it routinely makes publicly available. The Scottish Information Commissioner who is responsible for promoting and enforcing the Act has approved the British Medical Association Model Publication Scheme for General Practitioners in Scotland.  In addition we have to review the scheme from time to time.

This Publication Scheme is a complete guide to the information routinely made available to the public by The Windmill Practice.  It is a description of the information about our General Practitioners and Practice, which we make publicly available. It will be reviewed at regular intervals and we will monitor its effectiveness. In adopting (or reviewing) our publication scheme, we are required to have regard to the public interest in:

Allowing public access to information we hold; and

The publication of reasons for the decisions we make.

Freedom Of Information Contact Details

The Model Publication Scheme

Overall responsibility for the Model Publication Scheme developed by the British Medical Association for adoption by General Practitioners in Scotland rests with the British Medical Association.  This Model Publication Scheme will be subject to review by the British Medical Association and we welcome comments.  Electronic copies of this Model Publication Scheme may be downloaded from the Scottish General Practitioners pages of the British Medical Association website at www.bma.org.uk or paper copies will be available on written request to the Secretary of the Scottish General Practitioners Committee of the British Medical Association.  The point of contact for further information or comments relating to the Model Publication Scheme is:

Secretary

Scottish General Practitioners Committee

British Medical Association

14 Queen Street

Edinburgh

EH2 1LL

Tel: 0131 247 3000

 Fax: 0131 247 3001

Copies of the scheme as adopted by a practice/general practitioner should be obtained directly from that practice.

Practice information under the scheme

Our General Practice has formally adopted the British Medical Association Model Publication Scheme for General Practitioners in Scotland and for all enquiries relating to practice information, which is contained in this scheme please contact:

 

The Practice Manager

The Windmill Practice

 Motherwell Health Centre

138-144 Windmillhill  Street

 Motherwell

 ML1 1TB

[Tel:]  01698 264164

[Email] practicemanager@windmillpractice.co.uk  

[Fax] 01698 242639   

Feedback

If you have any comments about the operation of the Publication Scheme, or how we have dealt with your request for information from the Scheme, please write to:

 

The Practice Manager

The Windmill Practice

 Motherwell Health Centre

138-144 Windmillhill   Street

 Motherwell

ML1 1TB

[Tel:] 01698 264164

[Email] practicemanager@windmillpractice.co.uk  

[Fax] 01698 242639   

If we are unable to resolve any complaint, you can complain to the Scottish Information Commissioner who oversees the Act and whose contact details are below. Further details on this will be available on the Commissioner’s website at www.itspublicknowledge.info before this date.

Freedom of Information enquiries should be addressed to:

Scottish Information Commissioner

KinburnCastle

Doubledykes Road

St Andrews
Fife
KY16 9DS

Tel: 01334 464610

enquiries@itspublicknowledge.info.       www.itspublicknowledge.info

Your rights to information

The Freedom of Information (Scotland) Act 2002 recognises that members of the public have the right to know how public services are organised and run, how much they cost and how the decisions are made.

From January 1st 2005 the General Practice will be obliged to respond to requests about recorded information that it holds.  The Act creates a right of access to that information, subject to certain exemptions listed in the Act.

New environmental information regulations will be introduced in January 2005. These will enable similar access to environmental information as under the Freedom of Information (Scotland) Act 2002.

Under the Data Protection Act 1998, you are also entitled to access your clinical records or any other personal information held about you and you can contact Mrs. J.Slavin at the above address.

[Tel:] 01698 264164

[Email] practicemanager@windmillpractice.co.uk to do this.

How is the information made available?

The information within each Class is downloadable from the Practice Website,   www.windmillpractice.co.uk

It is available in hard copy and on our Practice leaflet.

Information available on the website is also available in hard copy format from the Practice.

Other formats/accessibility of information

Where possible the practice will take all reasonable steps to meet requests to provide information in accessible formats.

CLASSES OF INFORMATION

Section 23(2) a of The Freedom of Information (Scotland) Act 2002 states that a publication scheme must specify the classes of information which authorities publish or intend to publish under the scheme. The Scottish Information Commissioner has clarified in guidance on publication schemes (under paragraph 6) that ‘class’ can be defined as ‘a group of information having one or more common characteristics, such as the subject or source of origin.’ The Scottish Information Commissioner’s guidance also notes that ‘a class of information is not the same as the actual documents which will appear in the class, although in certain cases it is possible that a class will only contain one document.’

All information at the The Windmill Practice is held, retained and destroyed in accordance with NHS guidelines. Our commitment to publish information excludes any information, which can legitimately be withheld under the exemptions set out in the Freedom of Information (Scotland) Act 2002. Where individual classes of information are subject to exemptions, the main reasons for this relate to the protection of commercial interests and personal information under the Data Protection Act 1998.  Consequently, we may withhold information if its disclosure would breach confidentiality or seriously prejudice the commercial interests of any person or organisation.  We may also withhold information, which is personal information under the Data Protection Act 1998. In these cases, we will indicate why the information is being withheld.  If you wish to complain about information which is being withheld from you, please read the Complaints section below and also refer to the previous ‘Feedback’ paragraph in this Model Publication Scheme, as this gives the contact details of a senior person in the practice who has overall responsibility for the operation of the scheme. This applies to all Classes within the Publication Scheme.

The information in this Scheme is grouped into the following six classes:

1. Who we are

The NHS is a very large part of the public sector.

These are the details of the practice, organisational structures, and key personnel and how we fit into the NHS.

This NHS practice is part of the Lanarkshire Health Trust and provides services for patients living within the boundaries of Motherwell.   It supplies services in accordance with a primary medical services contract held with Lanarkshire PCT.

A full list of local General Practices can be found on the PCT website www.show.scot.nhs.uk/nhslanarkshire

Information is available and set out in the Practice Leaflet which can be obtained from the Practice Reception or from the Practice Website.

A full list of the services provided will be found at class 2 below.

Key Personnel;

Dr Jacqueline Keenan – full-time partner

Dr Gwen B Fisher – full-time partner

Our Practice Nurse is Sister Anne Dalziel  –  part-time

Our Respirator Nurse is Sister Linda Thomson – part-time

District Nurse is Sister Marie Brown

Practice Counsellors are Sister Aideen O’Sullivan and Mrs. Catherine Johnston – both part-time.

This practice aims to follow national and local best practice guidelines, including the NIHCE best practice guidelines and the National Service Frameworks.

Some information will be withheld including personal, confidential information about individuals that is protected by the Data Protection Act 1998.

2. Our Services

The range of services we provide under contract to the NHS and the standards we follow in delivering services to patients.

This information is available and set out in the Practice Leaflet.

 Our Services

A full range of GMS services
Chronic   Disease management clinics
Child   health surveillance, minor surgery, contraceptive services, obstetric   services, well woman and menopause clinics.  
Stress   management services provided by trained counsellors
Smoking   cessation clinic (LHCC supported)
Educational   Psychology Support
Massage   Therapy
Exercise   Classes
Travel   Advice Clinic

Dr Keenan has a special interest in Diabetes and Women’s Health

Dr Fisher has a special interest in Child Health, Homeopathy and Acupuncture.

The Practice premises are in Motherwell Health Centre, on the ground floor. There are elevators in the Health Centre and disabled access is from the rear of the building.

The following information is available in our Practice leaflet

The Practice is open at the following times:

Monday to Friday:  8.00am-6:00pm (6:00pm to 7:45pm alternate Thursdays).

Saturday and Sunday – Closed all day

We close on the afternoon of the last Wednesday of the month for education purposes. The Practice will occasionally use locum Doctors to cover surgeries.

Out of hours service and NHS 24 provides cover between the hours of 6pm and 8am on weekdays and all day on Saturdays, Sundays and Bank Holidays.

Should you require a doctor outwith surgery hours telephone NHS24 on 111.

Members of staff conduct consultations in English.

Our Standards

  • This practice provides primary medical services to the standard laid down in the NHS (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 and the range of services we provide are contained within the Practice Leaflet.
  • This practice aims to take into account NHS Quality Improvement Scotland standards and guidance, SIGN guidelines relevant to general practice and Scottish Executive Health Department service strategies and frameworks.
  • Practitioners are registered with the General Medical Council and follow the standards and good medical practice guidelines laid down by the GMC, including the requirements set out in the GMC guidance ‘Duties of a Doctor’.
  • This practice will have met  RCGP Scotland Practice Accreditation Standards by December 2004

3. Financial and funding information

Funding details and policies regarding charges.

The Windmill Practice receives money from Lanarkshire PCT in exchange for services provided for patients.

4. Regular publications, promotional and advisory leaflets

Guidance and information leaflets produced by the practice and available for patients and/or the general public.

The following published information is available.
Practice Leaflet

PMS leaflet – Access to Patient care

Croup and Bronchitis advice

Pre-pregnancy advice

MMR information leaflet

Chlamydia infection leaflet

Promoting Positive Behaviour in Children

And so  to sleep! – Managing sleep difficulties in children

All of these publications are free of charge.

 

5. Complaints

Policies, procedures and contacts for complaints, a copy of which is available from Practice Reception

Complaints Procedure

If you feel dissatisfied with an aspect of the Practice or the way that you have been treated, this provides details of the Practice Complaints Procedure

Practice Complaints Procedure

If you have a complaint or concern about the service you have received from the doctors or any of the staff working in this practice, please let us know.

We operate a complaints procedure as part of an NHS system for dealing with any complaint. Our complaints system meets national criteria. We aim to give the highest possible standard of service and we try to deal swiftly with any problems that may occur. A copy of the following information is available from reception.

How to complain

We hope that most problems can be sorted out easily and quickly, often at the time they arise and with the person concerned. If your problem cannot be solved in this way, and you wish to make a complaint, we would like you to let us know (in writing) as soon as possible – ideally within a matter of days or at the most a few weeks.

This will enable us to establish what happened and why. If it is not possible to do this immediately, please let us have details within 6 months of the incident that caused the problem, OR within 6 months of discovering that you have a problem. (Provided that this is within 12 months of the incident.)

Complaints should be addressed to The Practice Manager, or any doctor. Alternatively you may ask for an appointment with Dr. Keenan or Dr. Fisher in order to discuss your concerns. They will explain the procedure to you and will make sure that your concerns are dealt with promptly. It will be of great help if you are as specific as possible about the incident.

What we shall do

We shall acknowledge your complaint within 3 working days and aim to have investigated the complaint within 10 working days from the date of your letter. We shall then be in a position to give an explanation, or offer a meeting with those involved. In investigating we shall aim to ensure that you receive an apology, where this appropriate, and identify what we can do to make sure that the problem does not happen again.

Complaint on behalf of someone else

Please note that we keep strictly to the rules of medical confidentiality. If you are complaining on behalf of someone else, we have to know that you have his permission to do so. A note signed by the person concerned will be needed, unless they are incapable because of illness to do this.

Complaining to the Health Authority

If you feel unable to raise your complaint with us, or if you are dissatisfied with the result of our investigation, you should contact the Health Board Complaints Officer:

PATIENT AFFAIRS MANAGER

 PATIENT AFFAIRS DEPARTMENT 

KIRKLANDS HOSPITAL

 FALLSIDE ROAD

BOTHWELL

G71 8BB

TEL: 01698 858292

Our policies and procedures

General policies and procedures in use within the practice and appropriate policies, which inform decision making processes within the practice, which are of importance to the public. These include, but are not restricted to, data protection, prescribing and prescription, health and safety.

Data protection

Repeat prescribing and prescription policy

Health and safety

Bullying, Harassment and Discrimination Policy

Equal Opportunities Policy

Information sharing protocol

Zero Tolerance Protocol

Removal of patients from practice list

Policy on Patient non-attendance for appointments

 

Cost of Information

For the most part, we will charge you only for hard copies or copying onto media (e.g. CD ROM). Some information is available free, but in some cases there may be a charge. The charges will vary according to how information is made available. Charges are as follows:

[a) Via the General Practice website- www.windmillpractice.co.uk

– free of charge, although any charges for Internet Service provider and personal printing costs would have to be met by the individual.

For those without Internet access, a single print -out as on the website would be available by post from The Practice Manager, or by personal application at the Windmill  Practice. However, requests for multiple printouts, or for archived copies of documents that are no longer accessible or available on the web, may attract a charge for photocopying and postage.  We will let you know the cost and charges that will have to be paid in advance. We will not provide printouts of other organisation’s websites.

b) Leaflets and brochures on services we offer to the public will be provided free of charge.  A list is available above.

c) Information provided via e-mail will be free of charge.

d) Where information is available subject to a fee, such as the charge per sheet of photocopying, the fee will be £0.35. The practice will, wherever possible, let people making the request for such information know in advance how much a document would cost, taking into account any total copying charges for the document. The charges will be reviewed regularly and this scheme updated.

Useful Resources

Web sites:

www.itspublicknowledge.info

This is the web site of the Scottish Information Commissioner.

www.informationcommissioner.gov.uk

This is the web site of the Information Commissioner.

http://www.scotland.gov.uk/Topics/?pageID=198

This is the Scottish Executive Freedom of Information web site.

http://www.show.scot.nhs.uk/confidentiality/information_commissioner.htm

This is the NHS Scotland Confidentiality and Data Protection web site.

Publications

FOI  (Scotland) Act 2002  http://www.hmso.gov.uk/legislation/scotland/acts2002/20020013.htm

Code of Practice to FOI (Scotland) Act 2002 http://www.hmso.gov.uk/legislation/scotland/acts2002/20013–g.htm#60

  • Scottish Health on the Web

www.show.scot.nhs.uk

  • Comprehensive information on the General Medical Services contract, including contract documentation can be found at the Scottish Executive Health Department Pay Modernisation website

http://www.show.scot.nhs.uk/sehd/paymodernisation/pages/GMservicesContract.htm

  • Comprehensive information on the General Medical Services contract, including contract documentation can be found on the following BMA web pages:

http://www.bma.org.uk/ap.nsf/Content/__Hub+GPC+contract

http://www.bma.org.uk/ap.nsf/Content/__Hub+gpc+SC

Copyright

Material available through this Publication Scheme is subject to the General Practice’s copyright unless otherwise indicated. Unless expressly indicated to the contrary, it may be reproduced free of charge in any format or medium provided it is done so accurately in a manner, which will not mislead. Where items are re-published or copied to others, you must identify the source and acknowledge copyright status. This permit does not extend to third party material accessed through the scheme. Some material we include in our scheme may be the copyright of a third party.  Our rights to hold and use such material do not extend to others.  You must obtain authorisation from the copyright holder(s) concerned if you wish to copy or reproduce such material.

The Queen’s Printer for Scotland has prepared guidance for public authorities on copyright.  The guidance is aimed at Crown bodies but also covers other types of authorities. It is available at: www.oqps.gov.uk/foi/guidance.htm

For HMSO Guidance Notes see www.hmso.gov.uk/guides.htm or alternatively these may be accessed via www.tso.co.uk