SUTTON AND MERTON primary care trust
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Pharmacy Stamp AND DATE:
AGREEMENT FOR THE PROVISION OF antiviral Distribution SERVICE during an influenza pandemic
AS PART OF THE NHS COMMUNITY PHARMACY CONTRACTUAL FRAMEWORK ENHANCED SERVICES
Antiviral Distribution (AVD) Service
DATED:
PARTIES:
(1) Sutton and Merton Primary Care Trust of The Nelson Hospital, Kingston Road, Raynes Park SW20 8DB (“the PCT”)
(2) Pharmacy Name:……………………………….…
Address:…………………………………………..
Contractor Name:. (“the Contractor”)
RECITALS:
(A) The Contractor wishes to deliver Antiviral Distribution (AVD) Service as part of the NHS Community Pharmacy Contractual Framework Enhanced Service.
(B) The Contractor is committed to the provision of high quality Antiviral Distribution (AVD) Service to the PCT and to the Patients in its area.
(C) The PCT desires to appoint the Contractor to provide and the Contractor desires to provide the Services subject to and upon the terms and conditions set out below.
(D) This Agreement shall not constitute an NHS Contract within the meaning of Section 4 of the NHS and Community Care Act 1990.
THE PARTIES HEREBY AGREE as follows:
1.DEFINITIONS AND INTERPRETATIONS
In this Agreement, including the recitals, the following expressions shall have the following meanings :
“The 1977 Act”
means the National Health Service Act 1977 and any amendments thereto or consolidation thereof;
“The 2001 Act”
means the Health and Social Care Act 2001 and any amendments thereto or consolidation thereof;
“Agreement”
means this Agreement concluded between the PCT and the Contractor and consisting of these terms and conditions and the attached Schedules which shall be read as one document and in the event of ambiguity or contradiction between these terms and conditions and the Schedules, these terms and conditions shall be given precedence;
“Agreement Manager”
means the person appointed by the Contractor to be the duly authorised representative of the Contractor and to liaise with the Authorised Officer for all purposes connected with the provision of the Services pursuant to Clause 8.1 and whose name and contact details have been notified to the PCT in writing;
“Agreement Period”
means the period of this Agreement as set out in Clause 2.2;
“Agreement Price”
means the amount of £500 one of payment per Contractor providing the Service and £75 per hour that the pharmacy is open outside normal opening hours as required by this Agreement, and a dispensing fee of £2.00 per antiviral course dispensed.
“Appliance”
means an appliance which is included in a list for the time being approved by the Secretary of State for the purposes of Section 41 of the 1977 Act;
“Authorised Officer”
means the person appointed by the PCT to be the duly authorised representative of the PCT and to liaise with the Agreement Manager for all purposes connected with the provision of the Services pursuant to Clause 9.1 and whose name and contact details have been notified to the Contractor in writing;
“Bank Holiday”
means any day that is specified or proclaimed as a bank holiday pursuant to section 1 of the Banking and Financial Dealings Act 1971;
“Chemist”
shall have the meaning given in Clause 1.2.7;
“Clinical Governance”
means a framework through which the Contractor endeavours continuously to improve the quality of its Services and safeguard high standards of care by creating an environment in which clinical excellence can flourish;
“Commencement Date”
means the date that this Agreement will be effective and will be notified by the PCT to the Contractor in writing following receipt of this Agreement signed by the Contractor.
“Data Protection Act”
means the Data Protection Act 1998;
“Default Interest Rate”
means 2% over the base rate from time to time of Barclays Bank Plc;
“Dispute”
means any dispute arising between the parties out of, or in connection with, this Agreement;
“Force Majeure”
means any cause preventing or delaying the performance by a party of its obligations hereunder arising from acts, events, omissions or other circumstances beyond its reasonable control including (without limitation) governmental regulations, fire, flood, or any disaster but excluding strikes or other industrial action involving such party’s employees or the employees of any such party’s sub-Contractors. This does not include the event of an influenza pandemic, however any forced closure of a pharmacy due to an order by the Department of Health or appropriate Authority as a result of an influenza pandemic would constitute Force Majeure.
“FHSSA”
means the Family Health Services Appeal Authority constituted under section 49S of the 1977 Act;
“GDP Deflator”
means the price inflation index notified to the PCT each year by the government or such inflation index as may take the place of and be reasonably comparable to the said index;
“Go Live Date”
Means the date from which the Contractor will initiate the AVD Service and shall be notified by the SMPCT emergency pandemic team via alert or telephone call.
“Health and Safety at Work Legislation and Guidance”
means all Laws or directions of a regulatory nature having authority in respect of such matters concerning the health, safety or welfare of employed persons and the general public;
“Health Service Body”
has the meaning ascribed to it in Section 4(2) of the National Health Services and Community Care Act 1990 (as amended from time to time) as a body designated as such by the Secretary of State for Health;
“Law”
means:-
(a)any applicable statute or proclamation or any delegated or subordinate legislation;
(b)any enforceable community right within the meaning of section 2(1) of the European Communities Act 1972;
(c)any applicable guidance, direction or determination with which the PCT and/or the Contractor is bound to comply to the extent that the same are published and publicly available or the existence or contents of them have been notified to the Contractor by the PCT;
(d)any applicable judgment of a relevant court of law which changes binding precedent in England;
in each case in force in England;
“Licensing Body”
means any body that licences or regulates any profession;
“National Disqualification”
means:
(a)a decision made by the FHSSA under section 49N of the 1977 Act;
(b)a decision under provisions in force in Scotland or Northern Ireland corresponding to section 49N of the 1977 Act; or
(c)a decision by the NHS Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or Regulation 6(4)(b) of the abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002;
“NHS Tribunal”
means the Tribunal constituted under section 46 of the Act for England and Wales and which, except for prescribed cases, had effect in relation to England only until 14th December 2001 and in relation to Wales only until 26th August 2002.
“Patient”
means persons to whom the Contractor is required or has agreed to provide Services under the Agreement;
“Pharmacist”
shall have the meaning given in Clause 1.2.7;
“Pharmaceutical Regulations”
means the National Health Service (Pharmaceutical Services) Regulations 1992 and any amendments thereto or consolidation thereof;
“PPA”
shall mean the Prescription Pricing Authority
“Premises”
shall have the same meaning as in the Licence;
“URN or LPI”
means Unique Reference Number or Local Patient Identifier.
“Primary Care List”
means:
(a) a list of persons performing primary medical or dental Services under section 28X of the 1977 Act,
(b) a list of persons undertaking to provide general medical Services, general dental Services, general ophthalmic Services or, as the case may be, pharmaceutical Services prepared in accordance with regulations made under sections 29, 36, 39, 42 or 43 of the 1977 Act,
(c) a list of persons approved for the purposes of assisting in the provision of any Services mentioned in paragraph (b) prepared in accordance with regulations made under section 43D of the Act,
(d) a Services list referred to in section 8ZA of the National Health Service (Primary Care) Act 1997,
(e) a list corresponding to a Services list prepared by virtue of regulations made under section 41 of the 2001 Act, or
(f) a list corresponding to any of the above lists in Scotland or Northern Ireland;
“PCSS”
means the Primary Care Support Services based at 187 Ewell Road Surbiton Surrey, KT6 6AU
“Quarter”
means a period of three calendar months.
“Quarter 1”
means the period from 1st April of each year to the 30th of June of the same year.
“Quarter 2”
means the period from 1st July of each year to the 30th of September of the same year.
“Quarter 3”
means the period from 1st October of each year to the 31st of December of the same year.
“Quarter 4”
means the period from 1st January of each year to the 31st of May of the same year.
“Repeatable Prescription”
means a prescription contained in a form provided by the PCT and issued by a Prescriber to enable a person to obtain pharmaceutical Services or Local Pharmaceutical Services, which is in the format specified in Part 1 of Schedule 1 to the National Health Service (Personal Medical Services Agreements) Regulations 2004 and which:
(a) is generated by computer but signed by a Prescriber; and
(b) indicates that the drugs, medicines and Appliances ordered on that form may be provided more than once, and specifies the number of occasions on which they may be provided;
“Scheduled Drug”
means:
(a) a drug, medicine or other substance specified in any directions given by the Secretary of State under section 28U of the 1977 Act as being a drug, medicine or other substance which may not be ordered for Patients in the provision of the Services under this Agreement, or
(b) a drug, medicine or other substance which is specified in any directions given by the Secretary of State under section 28U of the Act as being a drug, medicine or other substance which can only be ordered for specified Patients and specified purposes;
“the Secretary of State”
means the Secretary of State for Health;
“Service”
means the Distribution of Antivirals service during an influenza pandemic services to be provided by the Contractor pursuant to the 2001 Act, details of which are set out in the specification.
“Staff”
shall be construed as including all the Contractor's staff, subcontractors, locums, trainees and agency staff whether employed by the Contractor or not and, for the avoidance of doubt, including pharmacists.
“Trade Union”
means a legal entity consisting of employees or workers having a common interest formed for the purpose of collectively negotiating with an employer (or employers) over wages, working hours and other terms and conditions of employment.
1.2In this Agreement, unless the context requires otherwise, references to:-
1.2.1the masculine, feminine, neuter genders shall include the other genders and references to the singular shall include the plural (and vice versa);
1.2.2recitals, clauses, parts and schedules are to recitals, clauses, parts of and schedules to this Agreement;
1.2.3any statute or statutory provisions including references to that statute or statutory provision as from time to time amended, modified, extended or re-enacted;
1.2.4persons includes firms, partnerships, companies and corporations and vice versa;
1.2.5“the parties” means the PCT and the Contractor and shall include a reference to their legal successors and permitted assignees;
1.2.6a document being “in the agreed form” means in the form agreed between the parties and signed for the purposes of identification by the solicitors acting for the PCT and the Contractor and shall include any subsequent amendments to such form agreed and signed in the same way;
1.2.7“chemist”, “pharmaceutical services”, “pharmacist” and “pharmaceutical list” shall have the same meaning ascribed to the them in the Pharmaceutical Regulations;
1.3The Schedules shall for all purposes form part of this Agreement and the expression “this Agreement” shall include the Schedules.
2.THE SERVICE
2.1Throughout the Agreement Period the Contractor shall provide the Services in accordance with the terms and conditions of this Agreement, any relevant Laws and all other matters agreed between the parties from time to time.
2.2The Agreement shall, subject as set out in this Agreement, commence with effect from the Commencement Date and shall continue for a period of time as defined by the PCT.
2.3The Antiviral Distribution (AVD) Service is described in Schedule Three: AVD Service During an Influenza Pandemic Local Enhanced Service (LES) Specification.
3ELLIGIBILITY TO PROVIDE THE SERVICE
3.1The Contractor must be on the Pharmaceutical List, must provide pharmacy services from the premises set out in this Agreement and The Contractor must comply with NHS Community Pharmacy Contractual Framework Essential Services in order to be eligible to provide this Service.
3.2The Contractor must ensure that their professional indemnity cover is either provided by the National Pharmaceutical Association (NPA) or other organization who has confirmed that this activity will be included in their policy.
3.3The Contractor will comply with the PCT’s CRB requirements.
3.4The Contractor will ensure that the Pharmacist in charge and other regular pharmacists employed in the participating pharmacy make reasonable efforts to complete the Influenza CPPE distance learning training package.
3.5The Contractor must attend the PCT’s Influenza Forum meeting prior to providing the service.
3.6Payment will be via the Primary Care Support Service (PCSS).
4.AGREEMENT PRICE AND PAYMENT
4.1In consideration of the Contractor providing the Services, the PCT shall pay the Contractor the Agreement Price in the manner and at the times set out in Schedule 2.
4.2The only sums payable by the PCT for the provision of the Services shall be the Agreement Price. All other costs, charges, fees and expenses of whatever kind for or arising out of or in connection with the provision of the Services shall be paid by the Contractor unless they have been previously agreed with the PCT pursuant to Clause 16 below.
4.3The Agreement Price will be reviewed annually if required and may be increased by a percentage equivalent to the increase in the GDP Deflator or by such other amount as may be agreed between the parties. In reviewing the Agreement Price the PCT shall consider in good faith the Contractor’s representations with regard to any increase in the Contractor’s costs in providing the Services.
5. STANDARD OF SERVICE
5.1The Services shall be provided with due care and skill in accordance with all relevant Laws and the Specification and the Contractor shall not deviate from the Specification without the prior written consent of the Authorised Officer.
5.2The Contractor must comply with the standards laid down in the Medicines Ethics and Practice guide section 1.2.12 and the recent changes to the management of control drugs. This must include keeping records for opening and closing balances for control drugs.
5.3The Contractor must have a Standard Operating Procedure for the Distribution of Antivirals during an influenza pandemic Service the Contractor provides. This must include the procedure to destroy controlled drugs and the use of denaturing kits for returned controlled drugs.
5.4The Contractor must provide the Service in accordance with guidelines issued by Sutton and Merton PCT on Controlled Drugs (issued October 2008) and Suggested Usual Maximum Quantities of Schedule 2 and 3 Controlled Drugs (issued August 2008).
5.5The Contractor must keep records for opening and closing balances of controlled drugs.
5.6The Contractor will ensure that pharmacists and staff involved in the provision of the service have relevant knowledge and are appropriately trained in the operation of the service.
5.7The Contractor will maintain appropriate records to ensure effective ongoing service delivery and audit.
5.9All Pharmacists who are not employees of the Contractor will act in the capacity as an agent of the Contractor. It is the responsibility of the Contractor to ensure that all staff of the Contractor and Pharmacists acting in the capacity as an agent of the Contractor are appropriately trained.
5.12All medicines, Appliances, consumables, materials, equipment and other goods which are to be used in the provision of the Services shall be of a satisfactory quality.
5.13The Service shall be provided from the Premises.
5.14The Contractor shall at all times comply with and shall procure that any
member of Staff (who is employed by or contracted to supply The Service to the Contractor) shall comply with the Terms of this Agreement.
5.19The Contractor must provide information and advice influenza and medicines to the users, carers and clinicians. This may include referral to specialist centres, support groups or other health and social care professionals where appropriate.
5.20The Contractor must ensure that all supplies of medicines received for the purpose of this Service are within expiry date.
6.AUDIT, MONITORING AND REVIEW
6.1For the purposes of the monitoring and review the Contractor will provide any information and take part in any inspections reasonably required by the PCT.
6.2The PCT shall be entitled to undertake an audit inspection of the Contractor’s records and any documentation upon giving 7 Working Days notice to the Contractor.
6.3Where the PCT or National Health Service Counter Fraud and Security Management Service is undertaking an inspection for the purposes of investigating alleged or suspected fraud in relation to the Services provided under this Agreement then the PCT shall be entitled to undertake an inspection of the Contractor’s records without notice.
6.5The Contractor shall respond in full and without undue delay to any questions, queries or any other matter arising out of an inspection, review or audit.
6.6The Contractor shall co-operate with any evaluation of the Services by the Secretary of State or the Department of Health.
6.7The Contractor must ensure that the Distribution of Antivirals during an influenza pandemic claim form is posted or faxed to the PCT Pharmacy Team on a monthly basis.
7.STAFF
7.1The Contractor must ensure that any Pharmacist who is working under this Agreement shall exercise professional judgment in connection with the provision of the Services in conformity with the standards expected of a responsible body of reputable pharmacists.
7.2All Pharmacists engaged by the Contractor to provide the Services under this Agreement will be registered on the Primary Care List when implemented and will be subject to all statutory regulations governing such list.