Pharmacy Services Agreement 2010 Guide for Guild members

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confidential – for guild members onlyFailure to perform and termination of Agreement (Part O)All agreements must provide remedies for circumstances where either party fails to meet its responsibilities. Part Oestablishes the circumstances under which the remedies can be applied, identifies the full range of remedies availableand then defines the rules under which they operate.O2: Where you have failed toperformThe provisions of Part O only apply when a pharmacy has failed to perform anymaterial obligation.Remedies available to the DHB include: “forcing” you to provide the Service, suspending orterminating the PSA, seeking damages and/or default interest, or referring the matter to thePharmacy Advisory Committee.O6: Uncontrollable events If either party is unable to perform their obligations they must advise the other party, takeall reasonable steps available to avoid or mitigate the impact of the problem and resumeperformance as soon as they are able. If the problem lasts more than 30 days the partiesmust try to agree on the extent to which the affected service can continue to be delivered orneeds to be varied if this is possible.O8: Mutual agreement toterminateYou may mutually agree with your DHB to terminate the Agreement at any time.O9: Our right to terminate The DHB can terminate the Agreement for failure to meet a Material Obligation, inability toperform, on the sale or closure of the pharmacy (the Agreement would usually be assignedwhen the pharmacy was sold), because of bankruptcy or receivership, because of illegalaction, because of an uncontrollable event, or on three months’ notice.O10: Your right to terminate Pharmacies may terminate the Agreement for the DHB’s failure to perform a MaterialObligation, following a compulsory variation, because of an uncontrollable event, or on sixmonths’ notice.O11: Alternative totermination of entireAgreementAs an alternative to terminating the entire Agreement, either you or the DHB can decide toterminate a pharmacy’s provision of a particular service by giving six months’ written notice.Provider specific terms and conditions (Part P)Part P allows the DHBs to contract for additional services with individual pharmacies to provide local solutions for localproblems. This section also records which, if any, of the specialised Services listed in Part C and Schedule C1 you arecontracted to supply. Due to clause N7, it is important that all your arrangements you may have with your DHB outsideof the provision of Base Pharmacy Services are listed here.Service Specifications (Schedule C1)Schedule C1 records the specifications for each of the services the pharmacy agrees to provide. The specificationsare broken down into the various services; “Base Pharmacy Services” is common to all pharmacies. In addition you maybe contracted to provide any number (or none) of the additional services from the following list:■■ Pharmacy Methadone Services for Opioid Dependence (Class B Controlled Drug Services)■■ Aseptic Pharmacy Services (including Syringe Driver Services)■■ Sterile Manufacturing Services■■ Special Foods Services■■ Special Foods Infant Formulae Services■■ Provision of Blood Glucose Test Strips■■ Complex Medicine Services■■ Pharmacy Clozapine Services (Monitored Therapy Medicine Services).Note that your Agreement contains all the above service specifications, even if you are not contracted to provide them.However, you are only contracted to supply these Services if they are listed in clause C2 of Schedule C1 and are listed inPart P.PAGE 30
confidential – for – for guild guild members only onlyPharmacies not providing these additional services can apply to their DHB to expand the range of services they supply.Each of the Service Specifications follows a standard template, detailing the specific requirements of each of the services.Schedule C1 Base PharmacyServices 3.2: Dispensing aSpecific BrandSchedule C1 Base PharmacyServices 6.2: Opening HoursSchedule C1 Base PharmacyServices 7.1: ProcessesSchedule C1 Base PharmacyServices 7.1 (j): MethadoneSchedule C1 Base PharmacyServices 7.2: Waiting timesfor serviceSchedule C1 PharmacyMethadone Services forOpioid Dependence6.1:ProcessesSchedule C1 PharmacyMethadone Services forOpioid Dependence 6.4:Waiting timesThe purpose of this clause is to limit your choice when dispensing generics wherever apharmaceutical is deemed “Preferred Supplier Brand” by the Pharmaceutical Schedule.Currently there are no “Preferred Supplier Brands” listed in the Pharmaceutical Schedule.Ordinarily, you must be open for a minimum of five days a week.Your DHB may additionally contract with you to offer specific after hours’ services. If this isthe case, these arrangements will be listed in Part P.Note you may choose to offer after hours’ services if you wish to; you do not need a separatecontract with your DHB if you choose to operate after hours.Base Pharmacy Services includes (and therefore the PSA covers) the dispensing of subsidisedpharmaceuticals, ensuring the completeness of information on prescriptions, the provision ofadvice and counselling, maintaining Service User Records, reporting significant findings to theprescriber and administration.Base Pharmacy Services includes Practitioner Supply Orders, Bulk Supply Orders, rest homeservices, the NRT programme and Methadone (unless you have the separate “PharmacyMethadone Services for Opioid Dependence” service listed in clause C2 of Schedule C1.If you do not have the separate “Pharmacy Methadone Services for Opioid Dependence”service listed in clause C2 of Schedule C1, you may still provide Methadone services to up totwo Service Users per claim period.If you do not wish to provide Methadone services at all, you must notify your DHB in writing.You are obligated to meet the following minimum standards:• 90% of items will be dispensed within one hour of being presented on a business day.• 99% of items dispensed within 24 hours of being presented on a business day.• 100% of items dispensed within two business days of being presented on a business day.You should maintain adequate stock levels to meet these requirements.These requirements only apply if the medicine is available in New Zealand at the time theprescription is presented. Also, these requirements only apply to pharmaceuticals covered bythe Base Pharmacy Services specification.Pharmacies facing unusual supply problems may negotiate different waiting timerequirements with the DHB. This provision would particularly apply to rural pharmacies.Additionally, these requirements do not apply if there is mutual agreement between you andthe Service User to a different waiting time. It might be a good idea to document theseagreements if you are having difficulty meeting these requirements.You agree to provide Methadone services in accordance with the community pharmacistdispensing protocol in Section 4 and 11 of the Opioid Substitution Treatment New ZealandPractice Guidelines 2008. A copy of the guidelines is available at http://www.moh.govt.nz/moh.nsf/indexmh/opioid-substitution-treatment-guidelines-dec2008?OpenFor existing approved Service User: 95% should receive their dose within 15 minutes and100% within 30 minutes of arriving at the pharmacy.For newly-approved Service Users: 95% should receive their dose within 30 minutes and100% within two hours, provided all documentation is satisfactory.Schedule C1 PharmacyMethadone Services forOpioid Dependence 6.5(b):Facilities and settingsThe provision of the Service is to be carried out in a private and confidential manner, whichminimises the concerns of other Service Users.PAGE 31
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Pharmacy Services Agreement 2010 Guide for Guild members

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