Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 1999

Amendment of the principal Regulations

2.—(1) The principal Regulations shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1), at the appropriate place in alphabetical order, insert—

““the 1997 Order” means the Health Services (Primary Care) (Northern Ireland) Order 1997;”;

““the Charges Regulations” means the Charges for Drugs and Appliances Regulations (Northern Ireland) 1997(1);”;

• ““personal dental services” has the meaning assigned to it in Article 3(7) of the 1997 Order;”;

• ““personal medical services” has the meaning assigned to it in Article 3(7) of the 1997 Order;”;

• ““pilot scheme” has the meaning assigned to it in Article 3(1) of the 1997 Order;”;

““the Remission of Charges Regulations” means the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 1989(2);”;

(b) in paragraph (1), for the definition of “prescription form”, substitute—

• ““prescription form” means a form provided by the Agency, a Health Authority constituted under section 8 of the National Health Service Act 1977(3) or a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978(4), and issued by—

  (a)

  a doctor or dentist under the provisions of his terms of service; or

  (b)

  a doctor performing personal medical services or a dentist performing personal dental services in connection with a pilot scheme; or

  (c)

  a nurse prescriber,

  to enable a person to obtain pharmaceutical services;”; and

(c) in paragraph (2) (specified description of nurse or health visitor), in sub-paragraphs (a)(iii) and (b)(ii), after “medical list” insert “or who, at that time, is assisting in the performance of personal medical services under a pilot scheme under the 1997 Order”.

(3) After regulation 10, insert—

“Reward Scheme

10A.— (1) A chemist who is presented with an order under paragraph 2(1) of the terms of service shall be eligible to claim a payment from the Board in such manner as is specified in the Drug Tariff if—

(a) in accordance with paragraph 2(2A) of the terms of service he refused to provide the drugs or medicines or listed appliances ordered and immediately informed the Board of this action; or

(b) he provided the drugs and medicines or listed appliances pursuant to paragraph 2(1) but subsequently came to have reason to believe that the order was not a genuine order for the person named on the prescription form and informed the Board of this belief within the period of 14 days beginning with the date the order was presented,

and in either case he has sent the order referred to in this paragraph to the Board.

(2) The Board shall in respect of any claim under paragraph (1) make such payment as is due to the chemist calculated in the manner specified in the Drug Tariff.

(3) In this paragraph “order” includes a purported order.”.

(4) In Part II of Schedule 2 (terms of service for chemists), in paragraph 2 (Provision of pharmaceutical services) after sub-paragraph (2), insert—

“(2A) Where a chemist reasonably believes that a form presented to him as a prescription form in accordance with paragraph 2(1) is not a genuine order for the person named on the form (for example because he reasonably believes the form has been stolen or forged), he may refuse to provide the drugs or medicines or listed appliances specified on the form presented.

(2B) Before providing the drugs or medicines or listed appliances ordered on a prescription form as specified in paragraph 2(1)—

(a) the chemist shall ask any person who makes a declaration on the prescription form that the person named on the prescription form does not have to pay the charges specified in regulation 3(1) of the Charges Regulations by virtue of either—

(i) entitlement to exemption under any of sub-paragraphs (d) to (g) of regulation 7(1) of the Charges Regulations; or

(ii) entitlement to remission of such charges under regulation 3 of the Remission of Charges Regulations,

to produce satisfactory evidence of such entitlement unless the declaration in in respect of entitlement to exemption by virtue of sub-paragraph (d), (e) or (f) of regulation 7(1) of the Charges Regulations, and at the time of the declaration the chemist already has such evidence available to him; and

(b) if no satisfactory evidence is produced to the chemist (and, where it is relevant, none is already available to him as mentioned in sub-paragraph (a)) the chemist shall endorse the prescription form to that effect.”.

(5) In Part III of Schedule 2 (terms of service for doctors who provide pharmaceutical services), after paragraph 14, insert—

“14A.   Before providing the drugs or listed appliances recorded on a prescription form in accordance with paragraph 13(a), or the listed drugs or medicines or listed appliances ordered on a prescription form signed by a nurse prescriber in accordance with paragraph 14(2), a doctor who is authorised or required by the Board under regulation 12 to provide drugs and appliances to a patient shall—

(a) ask any person who makes a declaration on the prescription form that the patient does not have to pay the charges specified in regulation 3(1) of the Charges Regulations by virtue of either—

(i) entitlement to exemption under any of sub-paragraphs (d) to (g) of regulation 7(1) of the Charges Regulations; or

(ii) entitlement to remission of such charges under regulation 3 of the Remission of Charges Regulations,

to produce satisfactory evidence of such entitlement unless the declaration is in respect of entitlement to exemption by virtue of sub-paragraph (d) (e) of (f) of regulation 7(1) of the Charges Regulations, and at the time of the declaration the doctor already has such evidence available to him; and

(b) if no satisfactory evidence is produced to him (and, where it is relevant, none is already available to him as mentioned in sub-paragraph (a)) endorse the prescription form to that effect.”.

(1)

S.R. 1997 No. 382; as amended by S.R. 1998 No. 135 and S.R. 1999 Nos. 100 and 166

(2)

S.R. 1989 No. 348; relevant amending regulations are S.R. 1993 No. 161, S.R. 1995 No. 138 and S.R. 1999 No. 16

(3)

1977 c. 49

(4)

1978 c. 29