The General Ophthalmic Services Contracts Regulations 2008

PART 3 Persons Who Perform Services

Ophthalmic practitioners

6.  An optometrist or a registered medical practitioner may perform ophthalmic services under the contract provided—

(a) he is included in an ophthalmic performers list; and

(b) his inclusion in that list is not subject to a suspension.

Performers: registration and further requirements

7.—(1) No person shall perform sight tests under the contract unless he is registered and his registration is not subject to a suspension.

(2) Where—

(a) the registration of an ophthalmic practitioner; or

(b) an ophthalmic practitioner’s inclusion in an ophthalmic performers list,

is subject to conditions, the contractor shall ensure compliance with those conditions, in so far as they are relevant to the contract or the delivery of services under it.

Conditions for employment: ophthalmic practitioners performing ophthalmic services

8.—(1) A contractor shall not employ an ophthalmic practitioner to perform ophthalmic services under the contract unless—

(a) that practitioner has provided it with his professional registration number and the name and address of the Primary Care Trust on whose ophthalmic performers list his name appears;

(b) it has checked that he meets the requirements in paragraphs 6 and 7 and has obtained and is satisfied with his clinical references; and

(c) it has taken reasonable steps to satisfy itself that he has the clinical experience and training necessary to enable him to properly perform primary ophthalmic services.

(2) Where the employment of a person falling within sub-paragraph (1) is urgently needed and it is not possible for the contractor to obtain and satisfy itself as to the references in accordance with sub-paragraph (1)(b) before employing him, the ophthalmic practitioner may be employed on a temporary basis for a single period of up to 14 days whilst those references are obtained and considered, and for an additional period of a further 14 days if the contractor has good reason to believe the person supplying the references is ill, on holiday or otherwise temporarily unavailable.

(3) Where the contractor employs the same person on more than one occasion within a period of 6 months, it may rely on the references provided on the first occasion, provided that those references are not more than 12 months old.

Conditions for employment: persons assisting in the provision of services under the contract

9.—(1) Before employing any person to assist it in the provision of services under the contract, the contractor shall take reasonable care to satisfy itself that the person in question is both suitably qualified and competent to discharge the duties for which he is to be employed.

(2) When considering the competence and suitability of any person for the purpose of sub-paragraph (1), the contractor shall have regard in particular to that person’s —

(a) academic and vocational qualifications;

(b) education and training; and

(c) previous employment or work experience.

Level of skill

10.  The contractor shall carry out its obligations under the contract with reasonable care and skill.