The National Health Service (General Medical Services Contracts) (Scotland) Amendment (No. 3) Regulations 2007

Amendment of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004

2.—(1) The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004(1) are amended as follows.

(2) In regulation 2(1) (interpretation)(2)–

(a) in the definition of “immediate family member” after “spouse” insert “or civil partner”;

(b) after the definition of “pharmacist” insert–

““pharmacist independent prescriber” means a person–

(a)

who is registered in Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007(3) or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976(4); and

(b)

against whose name in the relevant register is recorded an annotation signifying that he or she is qualified to order drugs, medicines and appliances as a pharmacist independent prescriber”; and

(c) in the definition of “prescriber”–

(i) in sub-paragraph (b) omit “and”; and

(ii) after sub-paragraph (c) insert–

“and

(d) a pharmacist independent prescriber,”.

(3) In Schedule 1 (additional services) in paragraphs 4(2)(a) (vaccinations and immunisations)(5) and 5(2)(a) (childhood vaccination and immunisation) for “was provided for under the 2003 2004 Statement of Fees and Allowances made under regulation 35 of the National Health Service (General Medical Services) (Scotland) Regulations 1995” substitute “is provided for in directions given under section 17M of the Act”.

(4) In Schedule 2 (opt outs of additional and out of hours services) in paragraph 3(7)(b) (permanent opt outs) after “application to” insert “an”.

(5) In Schedule 5 (other contractual terms)–

(a) in paragraph 44(6), (7) and (9) (provision of dispensing services)(6) for “or an independent nurse prescriber” substitute, at each place where it occurs, “, an independent nurse prescriber or a pharmacist independent prescriber”;

(b) in paragraph 57(3)(a) (arrangements for GP Registrars) for “Health Boards under section 17M of the Act” substitute “NHS Education for Scotland”(7);

(c) in paragraph 58(1) and (2) (independent nurse prescribers and supplementary prescribers) for “or a supplementary prescriber”, at each place where it occurs, substitute “, a supplementary prescriber or a pharmacist independent prescriber”.

(1)

S.S.I. 2004/115. As amended by S.S.I. 2004/162 and 215, 2005/337, 2006/247, S.I. 2007/289 and S.S.I. 2007/206 and 392.

(2)

Regulation 2 was amended by S.S.I. 2004/215, 2005/337, 2006/247, S.I. 2007/289 and S.S.I. 2007/206 and 392.

(3)

S.I. 2007/289.

(4)

S.I. 1976/1213 (N.I. 22).

(5)

Schedule 1, paragraph 4(2)(a) was amended by S.S.I. 2005/337.

(6)

Schedule 5, paragraph 44(7) and (9) was amended by S.S.I. 2007/206.

(7)

NHS Education for Scotland was constituted by S.S.I. 2002/103, as amended by S.S.I. 2006/79, which applies section 2(5) of the National Health Service (Scotland) Act 1978 to NHS Education for Scotland as it applies to Health Boards.