The National Health Service (Charges for Drugs and Appliances) Regulations 2015

Supply of drugs and appliances by doctors E+W

4.—(1) A doctor who provides dispensing services to a patient must, subject to paragraphs (3), (4) and (8), make and recover from that patient for the supply of—

(a) an item of elastic hosiery, a charge of [F1 £9.15] or [F2 £18.30] per pair;

(b) each other appliance, a charge of [F3 £9.15];

(c) each quantity of a drug, a charge of [F4 £9.15].

(2) Where a charge is paid under paragraph (1), the person paying the charge must on doing so either—

(a) where a non-electronic prescription form has been issued, sign a declaration in writing on the non-electronic prescription form that the relevant charge has been paid; or

(b) where an electronic prescription form has been created, provide a declaration that the relevant charge has been paid on an approved form provided by the Board for recording patient declarations in respect of electronic prescription forms and issued by a doctor [F5 or the prescriber].

(3) No charge is to be made and recovered under paragraph (1) where—

[F6 (a) in cases involving a non-electronic prescription form, there is—

(i) an exemption by virtue of regulation 10(1) or entitlement to remission of the charge by virtue of regulation 5 of the Travel Expenses and Remission of Charges Regulations (entitlement to full remission and payment), and

(ii) subject to regulation 10(5)(b), a declaration of entitlement to an exemption or remission is duly completed by or on behalf of the patient on the non-electronic prescription form;

(b) in cases involving an electronic prescription form, there is—

(i) an exemption by virtue of regulation 10(1) or entitlement to remission of the charge by virtue of regulation 5 of the Travel Expenses and Remission of Charges Regulations, and

(ii) subject to regulation 10(5)(a), entitlement to that exemption or remission has been declared to the doctor by or on behalf of the patient and the doctor has duly entered into the records managed by the Information Centre that are accessible as part of the Electronic Prescription Service a record of that entitlement (if that entitlement is not already recorded in those records);]

(c) the drugs or appliances are supplied in respect of two or more persons in a school or institution in which 20 persons are normally resident, of whom at least 10 are that doctor's patients; or

(d) there is an exemption by virtue of section 173(1)(d) of the 2006 Act M1 (exemptions from general charging) or regulation 10(2), 11(1), 12, [F7 , 13 or 13A].

[F8 (3A) Where a declaration is made under paragraph (3)(b)(ii), subject to paragraph (3B), the patient or a person acting on the patient’s behalf must duly complete a record of that declaration on an approved form provided by the Board for recording such declarations and issued by the doctor or the prescriber.

(3B) The record referred to in paragraph (3A) is not required where a check, known as a real time exemption check, by the doctor of electronic records that are managed by the NHS BSA for the purposes (amongst other purposes) of providing advice, assistance and support to patients or their representatives in respect of whether a charge is payable under these Regulations has confirmed that no charge is to be made and recovered under paragraph (1).]

(4) For the purposes of this regulation, where a drug ordered on a single prescription form is supplied by instalments, the charge of [F9 £9.15] payable for that drug is payable on the supply of the first instalment.

(5) A doctor is under no obligation to supply drugs or appliances in the course of providing dispensing services where a charge is required to be made and recovered under paragraph (1) unless the patient first pays that charge (notwithstanding any provisions in the relevant GMS contract, PMS agreement or [F10 section 83(2)] contract).

(6) Where a patient requests a receipt for a charge made and recovered under paragraph (1), the doctor must give the patient a receipt for the amount received on the relevant approved form.

(7) Any sum which would otherwise be payable by the Board to a contractor under a GMS contract, a PMS agreement or [F11 a section 83(2)] contract that includes terms of service by virtue of regulation 47 of the Pharmaceutical Services and Local Pharmaceutical Services Regulations (terms of service of dispensing doctors: general) is to be reduced by the amount of any charges which must be made and recovered under paragraph (1).

(8) Nothing in this regulation authorises the payment of a charge where the drug or appliance supplied is either—

(a) needed for immediate treatment and no order for the drug or appliance is made on a prescription form; or

(b) administered or applied to the patient by the doctor personally.

[F12 (9) Where, instead of supplying a drug or appliance in accordance with a prescription form or an associated batch issue, a doctor provides a drug or appliance in accordance with a SSP, for the purposes of this regulation, the relevant form for recording an exemption or entitlement to remission of a charge is treated as being the prescription for product reimbursement purposes, as mentioned in paragraph 3A(2)(b) of Schedule 6 to the Pharmaceutical and Local Pharmaceutical Services Regulations (terms of service of dispensing doctors – supply in accordance with a SSP).

(10) For these purposes, paragraph 3A(2)(b) of Schedule 6 to the Pharmaceutical and Local Pharmaceutical Services Regulations is to be read with regulation 119A(2)(a) of those Regulations (transitional provisions in respect of drugs and appliances supplied in accordance with SSPs), so the relevant form may instead be a dispensing token that records the supply of the product (“dispensing token” having the meaning given in regulation 119A(1)(b) of those Regulations).]

Textual Amendments

F1 Sum in reg. 4(1)(a) substituted (1.4.2020) by The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2020 (S.I. 2020/201), regs. 1(1), 3(1)(b) (with reg. 6)

F2 Sum in reg. 4(1)(a) substituted (1.4.2020) by The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2020 (S.I. 2020/201), regs. 1(1), 3(2)(b) (with reg. 6)

F3 Sum in reg. 4(1)(b) substituted (1.4.2020) by The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2020 (S.I. 2020/201), regs. 1(1), 3(1)(b) (with reg. 6)

F4 Sum in reg. 4(1)(c) substituted (1.4.2020) by The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2020 (S.I. 2020/201), regs. 1(1), 3(1)(b) (with reg. 6)

F5 Words in reg. 4(2)(b) inserted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 13(2)

F6 Reg. 4(3)(a)(b) substituted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 13(3)

F7 Words in reg. 4(3)(d) substituted (1.7.2019) by The National Health Service (Amendments Relating to Serious Shortage Protocols) Regulations 2019 (S.I. 2019/990), regs. 1, 10(2)

F8 Reg. 4(3A)(3B) inserted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 13(4)

F9 Sum in reg. 4(4) substituted (1.4.2020) by The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2020 (S.I. 2020/201), regs. 1(1), 3(1)(b) (with reg. 6)

F10 Words in reg. 4(5) substituted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 27(2)

F11 Words in reg. 4(7) substituted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 27(3)

F12 Reg. 4(9)(10) inserted (1.7.2019) by The National Health Service (Amendments Relating to Serious Shortage Protocols) Regulations 2019 (S.I. 2019/990), regs. 1, 10(3)

Marginal Citations

M1 Subsection (1) was amended by the Health Act 2009 (c. 21), Schedule 1, paragraphs 6 and 7(c).