The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2016

Amendment of Schedule 7 to the principal Regulations

5.—(1) Schedule 7 to the principal Regulations(1) (mandatory terms for LPS schemes) is amended as follows.

(2) In paragraph 5 (preliminary matters before providing ordered drugs or appliances), after sub-paragraph (3) insert the following sub-paragraph—

“(3A) In any case where no satisfactory evidence, as required by sub-paragraph (3), is produced to C, C must ensure before the drugs or appliances are provided that the person who was asked to produce that evidence is advised, in appropriate terms, that checks are routinely undertaken to ascertain entitlement to—

(a) exemption under the Charges Regulations(2); or

(b) remission of charges under the Remission of Charges Regulations(3),

where such entitlement has been claimed, as part of the arrangements for preventing or detecting fraud or error in relation to such claims.”.

(3) After paragraph 13 (professional standards), insert the following paragraph—

“Accessing summary care records

13A.— (1) If an LPS chemist (C) is providing local pharmaceutical services to or in respect of a patient and has access to the summary information that comprises a summary care record of that patient, C must access that summary information where the conditions in sub-paragraph (2) are satisfied.

(2) The conditions are that—

(a) in C’s clinical judgment or the clinical judgement of a registered pharmacy technician employed or engaged by C, it is in the best interests of the patient to do so; and

(b) in doing so C or the registered pharmacy technician is acting in accordance with the guidance known as “The NHS Care Record Guarantee”, published in the document entitled “The Care Record Guarantee – Our Guarantee for NHS Care Records in England” that was published by the National Information Governance Board for Health and Social Care in January 2011(4).

(3) In this paragraph, a “summary care record” and “summary information” mean a summary care record and summary information within the meanings given in—

(a) regulation 68 of the GMS Regulations(5) (summary care records); and

(b) regulation 61 of the PMS Regulations(6) (summary care records).”.

(1)

Relevant amendments have been made by S.I. 2015/570.

(2)

These are the National Health Service (Charges for Drugs and Appliances) Regulations 2015 (S.I. 2015/570).

(3)

These are the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (S.I. 2003/2382).

(4)

This guidance is available at http://systems.hscic.gov.uk/rasmartcards/strategy/nhscrg. Hard copies may be obtained by writing to the Department of Health, Wellington House, 133-155 Waterloo Road, London SE1 8UG. The National Information Governance Board for Health and Social Care is no longer in existence. Its role in monitoring and seeking to improve information governance practices was taken over by a National Information Governance Committee of the Care Quality Commission, which is at 151 Buckingham Palace Road, London SW1W 9SZ.

(5)

These are the National Health Service (General Medical Services Contracts) Regulations 2015 (S.I. 2015/1862).

(6)

These are the National Health Service (Personal Medical Services Agreements) Regulations 2015 (S.I. 2015/1879).