Persons to whom mandatory services are to be provided
- Provide mandatory sight tests to eligible persons who request them
UK Statutory Instrument
2008
United Kingdom
The General Ophthalmic Services Contracts Regulations 2008
At a glance
What's here
39 compliance obligations
Who this Act binds
Plus 2 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Level of skill
- Carry out your contractual obligations with reasonable care and skill
Patient records
- Keep accurate patient records and retain for 7 years
Confidentiality of personal data
- Nominate a person responsible for confidentiality of personal data
Patient information
- Display required patient information notices in your practice
sch. 1 para. 14
- Provide information to the PCT on request
Use of disqualified name
- Do not use the name of a disqualified person for your ophthalmic business
sch. 1 para. 16
- Notify PCT of serious incidents, information changes, and practitioner changes
Notice provisions specific to a contract with two or more individuals practising in partnership
- Notify PCT of partnership changes
sch. 1 para. 19
- Allow authorised PCT inspectors to enter and inspect your practice premises
Mixing of services provided under the contract with private services
- Do not mislead patients about NHS service availability to push private treatment
Entering and viewing under the Local Involvement Networks (Duty of Services-Providers to Allow Entry) Regulations 2008
- Allow entry to Local Involvement Networks (Healthwatch) authorised persons
Other rights of entry and inspection
- Allow authorised persons to enter and inspect your practice premises
Complaints procedure
- Set up and run a complaints procedure for patients
Further requirements for complaints procedures
- Implement and maintain a compliant complaints procedure
Co-operation with investigations
- Cooperate with complaints investigations by the PCT and other bodies
Provision of information
- Report number of complaints to PCT at agreed intervals
Local resolution of contract disputes
- Try to resolve contract disputes locally before formal action
Premises, equipment and facilities
- Ensure practice premises, equipment and facilities are suitable and sufficient
sch. 1 para. 30
Other duties (1) — Crown / regulator
- Secretary of State must manage dispute resolution process Crown / Minister / Government department
Variation provisions specific to a contract with an individual
- Notify PCT before changing to a partnership
Variation provisions specific to a contract with two or more individuals practising in partnership changing to a contract with an individual
- Notify the PCT in advance if your ophthalmic partnership ends or changes status
Telephone services
- Do not use premium-rate or personal telephone numbers for patient contact
sch. 1 para. 46
Other duties (1) — Crown / regulator
- PCT must serve a remedial notice before taking action for remediable breaches Crown / Minister / Government department
Safety of the Public
- Set up infection control and health and safety arrangements for staff
Insurance: negligent performance and public liability
- Hold adequate clinical negligence and public liability insurance
Gifts
- Register gifts worth over £100 from patients or service providers
Compliance with legislation and guidance
- Comply with all relevant legislation and guidance
Signing of documents
- Ensure signed documents include signatory details and contractor name
Performers: registration and further requirements
- Ensure only registered and non-suspended ophthalmic practitioners perform sight tests and comply with conditions
Conditions for employment: ophthalmic practitioners performing ophthalmic services
- Check ophthalmic practitioner qualifications and references before employment
Conditions for employment: persons assisting in the provision of services under the contract
- Check assistants are suitably qualified and competent before employing them
Recording of details
- Record the patient's reason for needing a home sight test
Provision of information
- Create and maintain a patient information leaflet
Facilities and equipment
- Provide necessary facilities and equipment for mobile services and allow inspection
Notice of provision of additional services
- Notify NHS authority before providing additional ophthalmic services
Improper inducements and advice
- Do not offer improper inducements or mislead patients about services
Contracts with individuals practising in partnership
- Ensure new partners automatically accept contract terms
Testing of sight
- Test patients' sight, refer eye conditions, and issue prescriptions to standard
Browse 27 other sections — procedural / definitional / commencement
Notice provisions specific to a contract with a corporate body
Dispute resolution: non-NHS contracts
Variation of a contract: general
Variation provisions specific to a contract with two or more individuals practising in partnership increasing the number of partners
Termination by agreement
sch. 1 para. 45
sch. 1 para. 47
sch. 1 para. 49
sch. 4
Citation, commencement and application
Interpretation
Conditions: introductory
Persons eligible to enter into GOS contracts
Reasons
Appeals and contract disqualifications
Pre-contract disputes
Health service body status
Parties to the contract
NHS contracts
Duration
Services: general
Finance
Fees, charges and financial interests of the contractor
Arrangements on termination
Other contractual terms: mandatory services
Other contractual terms: additional services
Commencement of contract
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