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Concern over patients' rights

Eye health
Patients have been given the right to choose their practitioner under variations to the General Ophthalmic Services (GOS) contract.

Patients have been given the right to choose their practitioner under variations to the General Ophthalmic Services (GOS) contract.

The variations encompass changes in legislation since the publication of the 2008 GOS contract and are largely of minor technical detail. However, Optician understands that there has been some concern in the profession over the issue of patients' right to specify a preference over the practitioner they see.

Clause 25A in the provision of services section states that 'the contractor must, where it has agreed to provide services to a patient, notify the patient (or, in the case of a child or incapable adult, the person who made the application on their behalf) of the patient's right to express a preference to receive services from a particular performer where more than one performer is available.

The clause also states that the contractor must also try to comply with any reasonable preference expressed but need not do so if the preferred performer has 'reasonable grounds for refusing to provide services to the patient'.

Optician understands that 'reasonable grounds for refusing' might be instances such as where a performer feels a patient would benefit from seeing another practitioner with a specific area of expertise or where a patient is abusive.

Practices' requirement to notify patients of their right to express a preference could be fulfilled in a number of ways such as on the practice information poster, in a leaflet or via a letter or email.

Variations for GOS mandatory and additional services contracts were published by the Department of Health on www.dh.gov.uk last week. In addition, PCTs are entitled to impose the new variations without the consent of practitioners, but should give 14 days' notice.




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