The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2001

Amendment of regulation 2 of the principal Regulations

2.—(1) Regulation 2 of the principal Regulations (interpretation and application) is amended as follows.

(2) In paragraph (1)–

(a) after the definition of “Board” there is inserted–

““Charges Regulations” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1989(1);”

(b) after the definition of “dentist” there is inserted–

““directed services” means additional pharmaceutical services;”

(c) after the definition of “pharmacist contractor” there is inserted–

““prescription form” means a form provided by a Health Board, a Health Authority constituted under section 8 of the National Health Service Act 1977, a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972(2) or an NHS trust, and issued by a doctor, a dentist or nurse prescriber to enable a person to obtain pharmaceutical services;”

(d) after the definition of “relevant service” there is inserted–

““Remission of Charges Regulations” means the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988(3);”

(3) In the definition of “pharmaceutical services”, at the end there is added “but not including directed services;”.

(4) For paragraph (1A)(4) there is substituted–

“(1A) The specified description of a nurse or health visitor mentioned in the definition of “nurse prescriber” in paragraph (1) is–

(a) a person who is registered in Part 1 or 12 of the register maintained under the Nurses, Midwives and Health Visitors Act 1997(5) (referred to below in this paragraph as “the professional register”), has a district nursing qualification additionally recorded in the professional register maintained under rule 11 of the Nurses, Midwives and Health Visitors Rules 1983(6), and is, at the time of ordering the listed drug or medicine or listed appliance–

(i) employed as a district nurse by a Board or an NHS trust; or

(ii) employed as a nurse by a doctor whose name is included in a medical list or who, at that time, is assisting in the performance of personal medical services;

(b) a person who is registered in Part 11 of the professional register as a health visitor and is, at the time of ordering the listed drug or medicine or listed appliance–

(i) employed as a health visitor by a Board or an NHS trust; or

(ii) employed as a health visitor by a doctor whose name is included in a medical list or who, at that time, is assisting in the performance of personal medical services;

against whose name (in each case) is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances for patients.”.

(1)

S.I. 1989/326 amended by S.I. 1990/468 and 787, 1991/574, 1992/394, 1993/522, 1994/697, 1995/699 and 2739, 1996/740 and 1504, 1997/697, 1998/609 and 2224 and 1999/612 and by S.S.I. 2000/50 and 396.

(2)

S.I. 1972/1265.

(3)

S.I. 1988/546, amended by S.I. 1989/393, 1989/517, 1989/616, 1990/551, 1990/917, 1990/1665, 1991/575, 1992/754, 1993/642, 1993/2049, 1995/700, 1995/2381, 1996/429, 1996/2391, 1997/1012, 1997/2455, 1998/2772, and S.S.I. 1999/63 and 2000/79.

(4)

Paragraph (1A) was inserted by S.I. 1996/1504.

(5)

1997 c. 46.

(6)

Approved by S.I. 1983/873 to which there are amendments not relevant to these Regulations