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38.—(1) The provider shall, if it is satisfied that the patient consents–
(a)supply in writing to a medical officer within such reasonable period as that officer, or an officer of the Department for Work and Pensions on that officer’s behalf and at that officer’s direction, may specify, such clinical information as the medical officer considers relevant about a patient to whom the provider or a person acting on the provider’s behalf has issued or has refused to issue a medical certificate; and
(b)answer any inquiries by a medical officer, or by an officer of the Department for Work and Pensions on that officer’s behalf and at that officer’s direction, about a prescription form or medical certificate issued by the provider or on the provider’s behalf or about any statement which the provider or a person acting on the provider’s behalf has made in a report.
(2) For the purpose of satisfying the provider that the patient has consented as required by paragraph (1), the provider may (unless it has reason to believe the patient does not consent) rely on an assurance in writing from the medical officer, or any officer of the Department for Work and Pensions, that that officer holds the patient’s written consent.
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