SCHEDULE 5MODIFICATION OF PATIENT PROVISIONS WHERE THE CONTRACTOR IS A PRIMARY CARE TRUST

Regulation 20

1

Paragraphs 3 and 5 of Schedule 3 shall apply as modified by paragraphs 2 and 3 respectively where the contractor is a Primary Care Trust.

2

As if for paragraph 3, there were substituted the following—

Violent patients3

1

Where—

a

a patient of the contractor has committed an act of violence or behaved in such a way against any persons specified in sub-paragraph (2) as a consequence of which that person has feared for his safety; and

b

the contractor has reported the incident to the police,

the Primary Care Trust may notify that patient that it will no longer provide services to him under the agreement.

2

The persons referred to in sub-paragraph (1) are—

a

any member of the Primary Care Trust's staff;

b

a person engaged by the Primary Care Trust to perform or assist in the performance of services under the agreement; or

c

any other person present—

i

on the practice premises; or

ii

in the place where services were provided to the patient under the agreement.

3

As if for paragraph 5, there were substituted the following—

Irrevocable breakdown in relationship between contractor and patient5

1

Where—

a

in the reasonable opinion of the contractor, there has been an irrevocable breakdown in the relationship between the patient and that contractor; and

b

notice of such a breakdown has been given to the patient by the contractor,

the contractor may no longer provide services to that patient under the agreement.