OpenLegislation

Paragraph 9 Refusal to provide appliances orderedI1

England and Wales

(1)

An NHS appliance contractor may refuse to provide an appliance ordered on a prescription form or repeatable prescription where—

(a)

the NHS appliance contractor reasonably believes that it is not a genuine order for the person named on the prescription form or repeatable prescription,

(b)

it appears to the NHS appliance contractor that there is an error on the prescription form or on the repeatable prescription or, in the case of a non-electronic repeatable prescription, its associated batch issue (including a clinical error made by the prescriber) or that, in the circumstances, providing the appliance would be contrary to the clinical judgement of the NHS appliance contractor,

(c)

the NHS appliance contractor or other persons are subjected to or threatened with violence by the person presenting the prescription form or repeatable prescription or requesting the provision of appliances in accordance with a prescription form or repeatable prescription or by any person accompanying that person, or

(d)

the person presenting the prescription form or repeatable prescription or requesting the provision of appliances in accordance with an electronic prescription form or electronic repeatable prescription or any other person accompanying that person, commits or threatens to commit a criminal offence.

(2)

An NHS appliance contractor must refuse to provide an appliance ordered on a prescription form or a repeatable prescription where—

(a)

a SSP has effect in respect of—

(i)

the requested appliance, or

(ii)

appliances of a specified description, and the requested appliance is of that description, and

(b)

alternative provision has already taken place in accordance with the SSP.

(3)

An NHS appliance contractor may refuse to provide an appliance ordered on a prescription form or a repeatable prescription where—

(a)

a SSP has effect in respect of—

(i)

the requested appliance, or

(ii)

appliances of a specified description, and the requested appliance is of that description,

(b)

the NHS appliance contractor is of the opinion that supplying a different product or quantity of product to that ordered by the prescriber is unreasonable or inappropriate, and

(c)

the NHS appliance contractor is unable to provide the appliance within a reasonable timescale,

but if the NHS appliance contractor does refuse to do so, they must provide the patient or the person requesting the appliance on behalf of the patient with appropriate advice, as necessary, about reverting to the prescriber for the prescriber to review the patient’s treatment.

(4)

An NHS appliance contractor must refuse to provide appliances ordered on a repeatable prescription where—

(a)

they have no record of that prescription,

(b)

they do not, in the case of a non-electronic repeatable prescription, have any associated batch issue and no such batch issue is presented,

(c)

it is not signed by a repeatable prescriber,

(d)

to do so would not be in accordance with any intervals specified in the prescription,

(e)

it would be the first time an appliance had been provided pursuant to the prescription and the prescription was signed (whether electronically or otherwise) more than 6 months previously,

(f)

the repeatable prescription was signed (whether electronically or otherwise) more than one year previously,

(g)

the expiry date on the repeatable prescription has passed, or

(h)

they have been informed by the repeatable prescriber that the prescription is no longer required.

(5)

Where a patient requests the supply of appliances ordered on a repeatable prescription (other than on the first occasion that the request is made), an NHS appliance contractor must only provide the appliance ordered if satisfied that—

(a)

the patient to whom the prescription relates—

(i)

is using and is likely to continue to use the appliance appropriately, and

(ii)

is not suffering from any side effects of the treatment which indicate the need or desirability of reviewing the patient’s treatment,

(b)

the manner of utilisation of the appliance by the patient to whom the prescription relates has not altered in a way which indicates the need or desirability of reviewing the patient’s treatment, and

(c)

there have been no changes to the health of the patient to whom the prescription relates which indicate the need or desirability of reviewing the patient’s treatment.

Annotations

Commencement

I1

Sch. 6 para. 9 in force at 1.10.2020, see reg. 1(2)(b)