Paragraph 37 Inquiries about prescriptions and referrals

England and Wales

(1)

The contractor shall, subject to sub-paragraphs (2) and (3), sufficiently answer any inquiries whether oral or in writing from F1NHS England concerning—

(a)

any prescription form issued by a prescriber;

(b)

the considerations by reference to which prescribers issue such forms;

(c)

the referral by or on behalf of the contractor of any patient for any other services provided under the Act; or

(d)

the considerations by which the contractor makes such referrals or provides for them to be made on its behalf.

(2)

An inquiry referred to in sub-paragraph (1) may only be made for the purpose either of obtaining information to assist NHS England to discharge its functions or of assisting the contractor in the discharge of its obligations under the contract.

(3)

The contractor shall not be obliged to answer any inquiry referred to in sub-paragraph (1) unless it is made—

(a)

in the case of sub-paragraph (1)(a) or (1)(b), by an appropriately qualified health care professional; or

(b)

in the case of sub-paragraph (1)(c) or (1)(d), by an appropriately qualified dental practitioner,

appointed in either case by NHS England to assist it in the exercise of its functions under this paragraph and that person produces, on request, written evidence that he is authorised by NHS England to make such inquiry on its behalf.

Annotations

Textual amendments

F1: Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1