- Parties to the Agreement
This agreement is between:(The Pharmacy) and Newcastle Primary Care Trust (The Trust).
- Purpose of the Agreement
This agreement relates to a scheme to supply Emergency Hormonal Contraception to women aged 13 years and over by community pharmacists. The Trust will manage the scheme subject to the provisions of paragraph 6 (“Obligations of the Pharmacy and the Trust”).
- Service Aims
The purpose of this Enhanced Service is to continue to ensure that women have equitable access to emergency hormonal contraception in as convenient a location as possible and that pharmacists are able to receive a payment for undertaking this service for patients.
The cost of buying EHC (£25 per course) excludes many women from accessing EHC via the community pharmacy. The product licence for over the counter sale further restricts access of this target group, as sales are restricted to those 16 years of age or over. In addition, EllaOne is not available to purchase over the counter.
This service will reduce the barriers to access to EHC and contribute to a reduction in unintended pregnancies.
The service and related training will support community pharmacies in working towards the Access Standards contained in the Department of Health’s “You’re welcome” criteria.
- Scope of service to be provided
Patients may self refer, or be referred for assessment by other professionals. The pharmacist will provide advice and guidance to the patient as well as assessing their suitability for EHC. This will be according to the Patient Group Direction (PGD) and service specification provided by the Trust (attached).
All women requesting EHC from the Pharmacy must be informed of the free scheme.
Data will be collected on the record form provided which should be submitted along with the claim form on a monthly basis.
In addition, the pharmacist will ensure that patients are given details of local services for future use, e.g. Contraception and Sexual Health Clinics, and GUM services. A referral may also be made, where appropriate, for women wanting ongoing contraceptive advice. Signposting should include a brief description of what each service provides and leaflets as well as information on effective condom use, a pack of condoms and information on where to obtain condoms via the C-card, and supply of a Chlamydia Screening pack to those aged 15-24.
- Agreement Period
- The agreement will commence on 1st April 2010 and will continue indefinitely provided the service continues to be commissioned.
5.2It will be subject to annual review.
5.3The agreement may be terminated, without penalty, if the Pharmacy or Trust gives the other party one-month notice in writing.
- Obligations of the Pharmacy and the Trust
6.1The Pharmacy must provide the service in accordance with the Service Specification.
6.2The Trust will manage the scheme in accordance with the Service Specification.
- Terms and Fees
7.1A fee of £8.00 will be paid for each consultation which takes place between the pharmacist and the patient.
7.2Levonelle 1500 and EllaOne will be reimbursed at drug tariff or cost price plus VAT.
7.3Payment will be paid monthly, three months in arrears (on receipt of a completed invoice and summary record of consultations) by BACS from the Trust direct into the bank account of the pharmacy.
7.4Claim forms
The invoice and summary record of consultationsshould be completed and submitted to Medicines Management, NHS North of Tyne, Bevan House, 1 Esh Plaza, Sir Bobby Robson Way, Great Park, Newcastle upon Tyne, NE13 9BA or fax no 0191 2172506. Incomplete or out of date paperwork will be returned to the pharmacy.
PAYMENT WILL ONLY BE MADE UPON RECEIPT OF BOTH THESE DOCUMENTS
8.Confidentiality
8.1The pharmacist and their staff must not disclose to any person other than a person authorised by the Trust any information acquired by them in connection with this agreement.
8.2Without prejudice to the generality of Clause 8.1, the pharmacist and their staff must not disclose to any person other than a person authorised by the Trust, any information acquired by them in connection with the provision of the services hereunder which concerns:
the Trust, its staff or procedures;
the identity of any patient;
8.3The medical condition of or the treatment received by any patient.
9.Eligibility
9.1The pharmacy must employ one or more pharmacists or locum pharmacists who have been accredited by the Trust.
9.2Accreditation is conditional on the following:
- Attendance at an accreditation training session
- Commitment to ensure continuous professional development pertaining to EHC, e.g. attendance at a local event annually
- Signing of the Service Level Agreement and Levonelle 1500 and EllaOne Patient Group Directions
- Completion on the CPPE pack ‘Emergency Contraception’.
- CRB clearance
9.3The pharmacist is accredited to work only in pharmacies registered as part of the scheme. Should the pharmacist leave the employ of the premises owner and not be replaced immediately by an accredited pharmacist, the Trust must be informed and the pharmacy will no longer participate in the scheme. The pharmacist may be able to continue to participate in the scheme at other accredited pharmacy premises in NHS North of Tyne on agreement with the Trust.
9.4A copy of the Service Specification must be kept freely available in the pharmacy and all staff made aware of its contents. It is the responsibility of the accredited pharmacist to ensure that in his/her absence, all (accredited) locums are made fully aware of the Service Specification and follow it accordingly. If a locum is employed who is not accredited to provide the service, they should be made aware of alternative locations where the service can be obtained, in order to advise the patient. Patients must be signposted in accordance with the Service Specification.
9.5The pharmacy should have a consultation area, which should be used for the consultations. The consultation area must:
- Enable the pharmacist and patient to sit down together,
b.Enable the conversation to be carried out at normal volume without being overhead,
c.Be clearly signed as a private consultation area,
9.6All serious clinical incidents must be reported to the Trust.
9.7All pharmacists must have an up to date CRB Clearance which should be renewed every 3 years. (The Trust will fund and facilitate the clearance process.)
9.8All pharmacists are required to maintain the confidentiality of patient data in line with Caldicott guidance. Pharmacists are reminded of their obligation within the code of ethics, in particular the maintenance of confidentiality.
- Indemnity
10.1The Pharmacy shall be liable for, and shall indemnify the Trust, its officers, employees and agents against any liability, loss, claim or proceedings arising under statute or at common law in consequences of this agreement.
10.2Professional Indemnity Insurance. The Trust will have the right to see documentary evidence of the foregoing including policy renewal receipts prior to commencement of this agreement or at any stage during the period of this agreement. If the Pharmacy fails to maintain adequate insurance, or is no longer a member of an appropriate professional organisation (for whatever reason), this agreement may be terminated by the Trust without prejudice to any other rights and remedies available.
- Tax Liabilities
11.1It is hereby declared that it is the intention of the parties that the Pharmacy shall have the status of a self-employed person and shall be responsible for all Income Tax, VAT liabilities, and National Insurance or similar contributions in respect of fees and reimbursements.
- Termination
12.1This agreement may be terminated by either party as provided by Clause 5.3 provided always that the Trust may terminate or suspend this agreement forthwith if there are reasonable grounds for concern including, but not limited to, malpractice, negligence or fraud on the part of the Pharmacy.
12.2If events occur which could not have been reasonably foreseen and are of such substance to affect the ability of either party to meet their obligations, then joint negotiations will be undertaken to consider the future provision of services or to terminate this agreement without prejudice to the generality of Clause 5.3 and 12.1 hereof.
- Standard of Service
- The services hereunder shall be provided in accordance with this agreement and, except in emergencies, the Pharmacy shall not deviate from this agreement without the prior written consent of the Trust.
13.2In addition to any more specific obligations imposed by the terms of this agreement it shall be the duty of the Pharmacy to provide the services hereunder to a standard, which is in all respects to the reasonable satisfaction of the Trust. The standard and quality of service will be of paramount importance to the Trust in managing this agreement.
- Transfer and sub-contracting
14.1Neither party may assign the whole nor any part of this agreement, save that the Trust may assign (where not otherwise facilitated under operation of law) where the Trust or part is taken over by another health service body.
14.2The pharmacy must not sub-contract the supply of services hereunder without the Trust’s previous consent in writing.
- Staff
15.1The Pharmacy shall in respect of all persons employed or seeking to be employed by the Pharmacy (whether in and about the provision of the services hereunder or otherwise) comply with each and every provision of law including those, which prohibit discrimination in relation to employment on the grounds of sex, colour, race, ethnic or national origin or religion.
- Audit
16.1The Pharmacy must allow the Trust’s internal and other nominated auditors access to all or any papers relating to this agreement for the purposes of audit.
16.2The pharmacy must fully co-operate to carry out service evaluation audits with the help of the Clinical Excellence Team of the Trust.
- Data Protection
17.1The Pharmacy must protect personal data in accordance with provisions and the principles of the Data Protection Act 1998 and must ensure the reliability of their staff that has access to the data.
17.2The Pharmacy must indemnify the Trust against all claims and proceedings and/or liability, loss, costs and expenses incurred in connection therewith made or brought by any person in respect of any loss, damage or distress caused to that person by the disclosure of any personal data by the Pharmacy, its staff or agents.
17.3‘Personal Data’ has the same meaning as in the Data Protection Act 1998, Section 1 (1).
- Complaints
18.1The pharmacy will be required to have a system for the handling of complaints. All complaints received must be fed back in a timely fashion to the Trust complaints manager.
- Publicity
19.1All media queries regarding to the EHC service should be handled with the knowledge of the Trust’s public relations officer and referred to Public Health Specialist – NHS North of Tyne.
Signed for and on behalf of the Pharmacy
Name of Pharmacy:
Signature: ……………………………………………………………………………….
Date: …………………......
Designation: …………………………………………………………………………….
Signed for and on behalf of Newcastle Primary Care Trust
Signature:
Date: 1st July 2010
Designation: Community Pharmacy Contracts Manager
Bank details (if not currently paid by BACS)
Bank: ………………………………………………………
Address: ….………………………………………………..
………………………………………………………………
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Sort Code: …………………………………………………
Account Number: …………………………………………