There was a thread recently discussing NICE and rights etc here:
https://www.menopausematters.co.uk/forum/index.php/topic,39957.msg634106.html#msg634106I also did a post on that thread with what I could find which I will quote here:
I also looked up the NHS website about our rights to a specific treatment and it is a bit vague - here is the link:
https://www.nhs.uk/chq/Pages/1317.aspx?CategoryID=68&SubCategoryID=154
Here is the relevant extract:
Your GP doesn't have to prescribe a particular medication or treatment for you if they think it's not the right option. You're entitled to ask for their reasons for the decision.
You're also entitled to make a suggestion and explain to your GP why you believe a certain medication or treatment is a good option.
Remember that:
some types of treatment aren't available on the NHS
you need a referral from your GP to have some types of treatment on the NHS, such as cosmetic surgery
Second opinion
If you're not satisfied with your GP's advice, you may want to consider getting a second opinion. Although you're not legally entitled to a second opinion, a healthcare professional will rarely refuse to refer you.
You may feel happier with a different GP, but be aware they may give you the same advice.
It also says this:
NICE and NHS medicines and treatments
The National Institute for Health and Care Excellence (NICE) regularly looks at new medication and treatments to assess whether they:
are safe
are more or less effective than other medication or treatments
represent value for money by assessing how well a medication or treatment works in relation to its cost
NICE will not automatically reject a medication or treatment because it's expensive. NICE recognises that something can be both expensive and represent good value for money.
The NHS in England and Wales is legally obliged to fund medicines and treatments NICE recommends.
This means that when NICE recommends a medicine or treatment, the NHS must ensure it's available to those people it could help, normally within three months of the guidance being issued.
So, if your doctor thinks a medicine or treatment recommended by NICE is right for you, you should be able to get it on the NHS.
It does not mention formularies - as presumably these are as seen above, local recommendations.
A few years ago there was a press article quoting the then Chairman of NICE and saying we should be more pushy re medication. This was in 2014 and I'm not sure how things have changed since then but might be worth having a read:
https://menopausematters.co.uk/forum/index.php/topic,24333.msg371939.html#msg371939
I'll just re-post the relevant bit from the above thread 9 from 2014):
Here is a recent article by the Chairman of NICE ( National Institute of Health and Care Excellence) who says patients (sadly) need to be more pushy with their doctors (difficult when you are feeling hormonal)!
http://www.telegraph.co.uk/health/nhs/10595806/NHS-patients-should-be-pushy-with-GPs-about-treatment-and-drugs-says-health-chief.html
In it he says this:
"Patients should adopt “American†attitudes and be more pushy with their doctors about drugs to which they are entitled, the head of the NHS rationing body has said.
Professor David Haslam, chairman of the National Institute of Health and Care Excellence (NICE), said British patients should become more assertive and see themselves as “equal partners†with their doctors, with legal rights.
He said patients in this country needed to learn from the Americans, who are far more confident about entering into dialogue with family doctors about their health, and taking an active role in managing their health.
Prof Haslam said too many patients were not being offered medications approved by NICE – and should learn more about their conditions and ask for drugs which should be prescribed for them.
In an interview with The Telegraph, he said: “When products have been approved for use by the NHS by Nice, patients have a legal right to those drugs - as long as they are clinically appropriate. The take-up should be much higher than it currently is." ...... "
For example: Utrogestan is the only body-identical progesterone licensed for HRT - and I would suggest you have a right only to use body-identical products should you so wish - rather than only being able to get these via expensive and unregulated compounding pharmacies.I'm not sure where you would stand in terms of rights when asking for example for Estradot over Evorel patches or gel over patches ( if you are not allergic to patches), or Sandrena over oestrogel etc?
Re tesosterone - since there is no licensed product available for women I imagine there is no obilgation for any GP to prescribe it on NHS or at all despite what a private consultant muight say - this is probably the luck of the draw and based on individual GP willingness to prescribe off-licence.
You probably have a right to ask for a referral on NHS though under certain circumstances ( if your GP has insufficient knowledge and experience and in which case if an NHS gynae prescribes it off-licence the GP should follow suit?
Take from that what you can!
CLKD that is not Dr Currie's role - to intervene in specific cases. It doesn't say that anywhere on the website. The only thing we can do is to pay for specific advice for £25 as Daisydot has done and unfortunately the GP is under no obligation to follow it. That the GP had not heard of Dr Currie/this website and is treating menopause speaks volumes - sadly.
As Hasty says - the starting point is to quote the NICE Guidelines but if a GP refuses to follow them.... hmm I would suggest a complaint is in order!!!
Hurdity x
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Topic: Calling any legal people on here (Read 4727 times)