The National Health Service (Primary Medical Services) (Miscellaneous Amendments) Regulations 2005

Amendment of regulation 2 of the PMS Agreements Regulations

6.—(1) Regulation 2 (interpretation) of the PMS Agreements Regulations shall be amended as provided in the following paragraphs.

(2) After the definition of “adjudicator”, insert—

““advanced electronic signature” means an electronic signature which is—

(a)

uniquely linked to the signatory,

(b)

capable of identifying the signatory,

(c)

created using means that the signatory can maintain under his sole control, and

(d)

linked to the data to which it relates in such a manner that any subsequent change of data is detectable;”.

(3) In the definition of “bank holiday”, after “proclaimed as a bank holiday” insert “in England and Wales”.

(4) In the definition of “batch issue”—

(a) before “prescriber”, in each place where it occurs, insert “repeatable”; and

(b) for “repeatable prescription”, in each place where it occurs, substitute “non-electronic repeatable prescription”.

(5) After the definition of “core hours” insert—

““dispenser” means a chemist, medical practitioner or contractor whom a patient wishes to dispense his electronic prescriptions;”.

(6) In the definition of “dispensing services”, for “regulation 20” substitute “regulation 60”.

(7) In the definition of “Drug Tariff”, for “regulation 18” substitute “regulation 56”.

(8) After the definition of “Drug Tariff”, insert—

““electronic communication” has the same meaning as in section 15 of the Electronic Communications Act 2000(1);

“electronic prescription” means an electronic prescription form or an electronic repeatable prescription;

“electronic prescription form” means a prescription form which falls within paragraph (b) of the definition of “prescription form”;

“electronic repeatable prescription” means a prescription which falls within paragraph (a)(ii) of the definition of “repeatable prescription”;”.

(9) After the definition of “essential services”, insert—

““ETP service” means the electronic prescription service which forms part of the NHS Care Record Service;”.

(10) Omit the definitions of “FHSAA(SHA)” and “NCAA”.

(11) After the definition of “national disqualification” insert—

““NHS Care Record” means the records relating to an individual patient held by the NHS Care Record Service;

“NHS Care Record Service” means the information technology systems procured by the Department of Health and used by the health service to hold medical records relating to patients;”.

(12) After the definition of “the NHS Tribunal” insert—

““nominated dispenser” means a chemist, medical practitioner or contractor whom a patient has nominated in his NHS Care Record to dispense his electronic prescriptions;

“non-electronic prescription form” means a prescription form which falls within paragraph (a) of the definition of “prescription form”;

“non-electronic repeatable prescription” means a prescription which falls within paragraph (a)(i) of the definition of “repeatable prescription”;”.

(13) After the definition of “normal hours” insert—

““NPSA” means the National Patient Safety Agency established as a Special Health Authority by the National Patient Safety Agency (Establishment and Constitution) Order 2001(2);”.

(14) In the definition of “Pharmaceutical Regulations” for “National Health Service (Pharmaceutical Services) Regulations 1992” substitute “National Health Service (Pharmaceutical Services) Regulations 2005(3)”.

(15) For the definition of “prescription form”, substitute—

““prescription form” means—

(a)

a form provided by the Primary Care Trust and issued by a prescriber, or

(b)

where paragraph 38A(1) of Schedule 5 applies, data that are created in an electronic form, signed with a prescriber’s advanced electronic signature and transmitted as an electronic communication to the ETP service,

to enable a person to obtain pharmaceutical services or local pharmaceutical services and does not include a repeatable prescription;.”.

(16) After the definition of “repeat dispensing services”, insert—

““repeatable prescriber” means a prescriber who is—

(a)

engaged or employed by a contractor which provides repeatable prescribing services under the terms of its agreement which give effect to paragraph 39 of Schedule 5, or

(b)

a party to an agreement under which such services are provided;”.

(17) For the definition of “repeatable prescription”, substitute—

““repeatable prescription” means a prescription which—

(a)

either—

(i)

is contained in a form provided by the Primary Care Trust and issued by a repeatable prescriber which is in the format specified in Part 1 of Schedule 1 and which is generated by a computer and signed in ink by a repeatable prescriber; or

(ii)

where paragraph 38A(1) of Schedule 5 applies, consists of data that are created in an electronic form, signed with a repeatable prescriber’s advanced electronic signature and transmitted as an electronic communication to the ETP service,

(b)

is issued or created to enable a person to obtain pharmaceutical services or local pharmaceutical services, and

(c)

indicates that the drugs, medicines or appliances ordered on that prescription may be provided more than once and specifies the number of occasions on which they may be provided;”.

(18) In the definition of “supplementary prescriber”—

(a) in paragraph (b)(ii), omit “or”;

(b) in paragraph (b)(iii), for “and”, in the second place where it occurs, substitute “or”; and

(c) after paragraph (b)(iii), insert—

“(iv) the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001(4) relating to—

(aa) chiropodists and podiatrists;

(bb) physiotherapists; or

(cc) radiographers: diagnostic or therapeutic, and”.

(1)

2000 c. 7.

(2)

S.I. 2001/1743 as amended by S.I. 2005/504.

(3)

S.I. 2005/641.

(4)

S.I. 2002/254.