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10.8.1

Clause 10.5.1 and the condition in Clause 10.6.1 applies; or

10.8.2

Clause 10.5.2 and Clause 10.7 applies,

the PCT Patients’ Forum may require the Contractor to put the information in a form from which the identity of the individual concerned cannot be ascertained.

Inquiries about Prescriptions and Referrals34

10.9

The Contractor shall, subject to Clauses 10.10 and 10.11, sufficiently answer any inquiries whether oral or in writing from the PCT concerning:

10.9.1

any Prescription Form issued by a Prescriber;

10.9.2

the considerations by reference to which Prescribers issue such forms;

10.9.3

the referral by or on behalf of the Contractor of any Patient to any other services provided under the Act; or

10.9.4

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

10.10

An inquiry referred to in Clause 10.9 may only be made for the purpose either of obtaining information to assist the PCT to discharge its functions or of assisting the Contractor in the discharge of its obligations under the Contract.

10.11

The Contractor shall not be obliged to answer any inquiry referred to in Clause 10.9 unless it is made

10.11.1

in the case of Clause 10.9.1 or 10.9.2 by an appropriately qualified Health Care Professional; or

10.11.2

in the case of Clause 10.9.3 or 10.9.4, by an appropriately qualified medical practitioner,

appointed in either case by the PCT to assist it in the exercise of its functions under Clause 10.9  and 10.10 who produces, on request, written evidence that that person is authorised by the PCT to make such an inquiry on its behalf.

Financial Interests35

10.12

The Contractor shall:

34 Clauses 10.9 to 10.11are required by APMS Direction 5(1)(l)

35 The underlined words in Clause 10.12  are required by APMS Direction 9

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