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Requirements for remote provision

Healthcare Services (Outpatient Medical Service) Regulations 2023

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—(1) This regulation applies to a licensee who is approved to provide an outpatient medical service by remote provision.(2) A licensee must —(a)ensure that the following matters are completed before any outpatient medical service is provided to a patient by remote provision:(i)ascertaining the identity, contact information and location of the patient;(ii)informing the patient that he or she should not seek to receive any essential life‑saving measure by remote provision;(iii)informing the patient of the identity of the licensee’s personnel who will be providing the outpatient medical service, and his or her role or designation for which the personnel is engaged or employed by the licensee;(b)establish, implement and regularly review guidelines on —(i)the circumstances in which —(A)the licensee would provide an outpatient medical service by remote provision to any patient;(B)the licensee must not provide or must cease to provide an outpatient medical service by remote provision to a patient, and advise the patient to seek medical attention at any other place; and(C)the licensee must provide or cause to be provided any essential life‑saving measure to a patient who is receiving an outpatient medical service by remote provision; and(ii)the type of patients to whom an outpatient medical service may be provided by remote provision, taking into account —(A)the patient’s medical condition and history;(B)the qualifications, experience, competency and skills of the medical practitioner who is providing the outpatient medical service; and(C)the patient’s ability to receive the outpatient medical service by remote provision;(c)where the provision of any outpatient medical service to a patient by remote provision cannot be completed for any reason, ensure that the patient is advised of the ways to seek medical attention for his or her condition;(d)inform the patient or (if the patient is a minor or lacks mental capacity) a next‑of‑kin or carer of the patient on any follow‑up care and treatment, including how the patient may obtain the follow-up care and treatment; and(e)if a medical practitioner who is the licensee’s personnel is of the opinion that a patient requires a particular medical treatment or care or a physical examination which cannot be carried out by remote provision, make alternative arrangements for the patient to receive the medical treatment or care or physical examination and inform the patient or (if the patient is a minor or lacks mental capacity) a next‑of‑kin or carer of the patient of the alternative arrangements.(3) For every outpatient medical service provided to a patient by remote provision, a licensee must —(a)document the date and time of the outpatient medical service provided, and the method of remote communication that was used, as part of the patient’s patient health record;(b)ensure that the patient is informed of the name and designation of the licensee’s personnel who is providing the outpatient medical service to the patient, before the outpatient medical service is provided to the patient;(c)where the remote provision is by means of a website or software application — ensure that all of the following information is conspicuously displayed on the website or software application at all times when the outpatient medical service is being provided to the patient:(i)the business name by which the licensee provides the outpatient medical service;(ii)the email address or telephone number at which the licensee may be contacted;(iii)the fact that the licensee is approved to provide an outpatient medical service by remote provision;(iv)a statement that any person who needs any essential life‑saving measure should not seek to receive such measure by remote provision from the licensee; and(d)where the outpatient medical service is provided by remote provision using any other means — ensure that the information mentioned in sub‑paragraph (c)(i) to (iv) is conveyed to the patient before the outpatient medical service is provided to the patient.(4) Except as provided in paragraph (5), a licensee must take reasonable measures to ensure that a patient who receives an outpatient medical service by remote provision is not prescribed any drug that is specified in the First Schedule to the Misuse of Drugs Act 1973 in the course of the remote provision.(5) A medical practitioner who is the licensee’s personnel may in the course of the remote provision prescribe a drug mentioned in paragraph (4) for the patient if the medical practitioner has previously conducted a physical examination on the patient and assessed that the patient requires the drug.(6) In this regulation, “method of remote communication” means communication through —(a)the Internet;(b)the telephone or other communication device; or(c)any other kind of electronic or other technology for facilitating communication remotely.

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