Telephone services1A

1

The contractor shall not be a party to any contract or other arrangement under which the number for telephone services to be used—

a

by patients to contact the practice for any purpose related to the contract; or

b

by any other person to contact the practice in relation to services provided as part of the health service,

starts with the digits 087, 090 or 091 or consists of a personal number, unless the service is provided free to the caller.

2

In this paragraph, “personal number” means a telephone number which starts with the number 070 followed by a further 8 digits.

Supply of medicines, etc. by contractors providing out of hours services11A

1

In this paragraph—

• “the Charges Regulations” means the Charges for Drugs and Appliances Regulations (Northern Ireland) 19977;

• “complete course” means the course of treatment appropriate to the patient’s condition, being the same as the amount that would have been prescribed if the patient had been seen during core hours;

• “necessary drugs, medicines and appliances” means those drugs, medicines and appliances which the patient requires and for which, the reasonable opinion of the contractor, and in the light of the patient’s medical condition, it would not be reasonable in all the circumstances for the patient to wait until such time as he could obtain during core hours;

• “out of hours performer” means a prescriber, a person acting in accordance with a Patient Group Direction or any other health professional employed or engaged by the contractor who can lawfully supply a drug, medicine or appliance, who is performing out of hours services under the contract;

• “Patient Group Direction” has the same meaning as in the Prescriptions Only Medicines (Human Use) Order 19978; and

• “supply form” means a form provided by the Agency and completed by or on behalf of the contractor for the purpose of recording the provision of drugs, medicines or appliances to a patient during the out of hours period.

2

Where a contractor whose contract includes the provision of out of hours services has agreed with the Board that its contract should also include the supply of necessary drugs, medicines or appliances to patients at the time that it is providing them with out of hours services, the contractor shall comply with the requirements in sub-paragraphs (3) to (5).

3

The contractor shall ensure that an out of hours performer—

a

only supplies necessary drugs, medicines and appliances;

b

supplies the complete course of the necessary medicine or drug required to treat the patient; and

c

does not supply—

i

drugs, medicines or appliances which he could not lawfully supply,

ii

appliances which are not listed in Part IX of the Drug Tariff,

iii

restricted availability appliances, except where the patient is a person, or it is for a purpose, specified in the Drug Tariff, or

iv

a drug, medicine or other substance listed in Schedule 1 to the Health and Personal Social Services (General Medical Services Contracts) (Prescription of Drugs Etc) Regulations (Northern Ireland) 20049, or a drug, medicine or other substance listed in Schedule 2 to those Regulations other than in the circumstances specified in that Schedule.

4

The out of hours performer shall record on a separate supply form for each patient any drugs, medicines or appliances supplied to that patient.

5

The out of hours performer shall—

a

ask any person who makes a declaration that the patient does not have to pay the charges specified in regulation 4(1) of the Charges Regulations by virtue of either—

i

entitlement to exemption under regulation 7(1) of the Charges Regulations, or

ii

entitlement to remission of charges under regulation 5 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 200410,

to produce satisfactory evidence of such entitlement, unless the declaration is in respect of entitlement to exemption by virtue of sub-paragraph (a), (c), (d), (e), (f) or (g) of regulation 7(1) of the Charges Regulations, and at the time of the declaration the out of hours performer already has such evidence available to him; and

b

if no satisfactory evidence is produced to him (and where it is relevant, none is already available to him as mentioned in paragraph (a)), endorse the supply form to that effect.

6

Subject to sub-paragraph (7), nothing in this paragraph shall prevent an out of hours performer supplying a Scheduled drug or restricted availability appliance in the course of treating a patient under a private arrangement.

7

The provisions of regulation 24 (fees and charges) apply in respect of the supply of necessary drugs, medicines and appliances as they apply in respect of prescriptions for drugs, medicines and appliances.

Termination on the death of an individual medical practitioner99A

1

Where the contract is with an individual medical practitioner and that practitioner dies, the contract shall terminate at the end of the period seven days after the date of his death unless, before the end of that period—

a

the Board has agreed in writing with the contractor’s personal representatives that the contract should continue for a further period , not exceeding 28 days after the end of the period of seven days; and

b

the contractor’s personal representatives have consented in writing to the Board employing or supplying one or more general medical practitioners to assist in the provision of clinical services under the contract throughout the period for which it continues.

2

In sub-paragraph (1), “general medical practitioner” has the same meaning as in regulation 4(1).

3

Sub-paragraph (1) does not affect any other rights to terminate the contract which the Board may have under paragraphs 104 to 107.

• by the contractor—

  1. a

     before the contract was entered into; or

  2. b

     pursuant to paragraph 79(2) or (3) or 80(2),

  in relation to the conditions set out in regulations 4 and 5 (and compliance with those conditions) was, when given, untrue or inaccurate in a material respect.