The National Health Service (General Medical Services and Pharmaceutical Services) (Scotland) Amendment Regulations 2002

Amendment of the National Health Service (Pharmaceutical Services) Regulations 1995

2.—(1) The National Health Service (Pharmaceutical Services) Regulations 1995(1) are amended in accordance with the following paragraphs.

(2) In regulation 2(1) (interpretation and application)–

(a) the definition of “Charges Regulations” is omitted;

(b) in the definition of “nurse prescriber”, for “nurse or health visitor” there is substituted “nurse, midwife or health visitor”;

(c) the definition of “Remission of Charges Regulations” is omitted;

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

““restricted availability appliance” means an appliance which is approved for particular categories of persons or for particular purposes only;”; and

(e) the definition of “supplemental services” is omitted.

(3) For regulation 2(1A) (interpretation) there is substituted–

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

(a) a person who is either–

(i) registered in Part 1 or 12 of the register maintained by the Nursing and Midwifery Council(2) pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001(3) (referred to below in this definition as the “professional register”), and has a district nursing qualification additionally recorded in the professional register under rule 11 of the Nurses, Midwives and Health Visitors Rules 1983(4), or

(ii) registered in Part 11 of the professional register as a health visitor,

and 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; or

(b) a person who is registered in Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the professional register and against whose name is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances from the Nurse Prescribers' Extended Formulary Appendix in the British National Formulary(5).”.

(4) Regulation 3(4) (pharmaceutical services) is omitted.

(5) Regulation 3(7)(b) (pharmaceutical services) is omitted.

(6) In regulation 9(1)(c) (payments to pharmacists) “supplemental services and” is omitted.

(7) In regulation 9(1)(f) (payments to pharmacists) for “and the specifications for such appliances;” there is substituted “, the specifications for such appliances and, in the case of a restricted availability appliance, the categories of persons for whom or the purposes for which the appliance is approved;”.

(8) In Schedule 1, (interpretation) paragraph 1(a) is omitted.

(9) In Schedule 1, paragraph 3(1) (provision of pharmaceutical services)–

(a) in paragraph (a), after “appliances” there is inserted “, not being restricted availability appliances”;

(b) after paragraph (b) there is inserted–

“(ba) an order for a restricted availability appliance, signed by and endorsed on its face with the reference “SLS”, by a doctor;”

(c) at the end of paragraph (c) “or” is omitted;

(d) in paragraph (d), after “appliances” there is inserted “, not being restricted availability appliances”; and

(e) after paragraph (d) there is inserted–

“or

(e) an order for a restricted availability appliance, signed by and endorsed on its face with the reference “SLS” by a nurse prescriber.”.

(10) In Schedule 1, paragraph 3(11) (provision of pharmaceutical services), after paragraph (b) there is inserted–

“(ba) that appliance is not a restricted availability appliance; and”.

(11) In Schedule 1, paragraph 11 (records) is omitted.

(1)

S.I. 1995/414; relevant amending instruments are S.I. 1996/840 and 1504, 1997/696, 1998/2224 and S.S.I. 1999/57 and 2001/70.

(2)

See article 3 of the Nursing and Midwifery Order 2001, S.I. 2002/253.

(3)

S.I. 2002/253.

(4)

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

(5)

Published by the British Medical Association and Royal Pharmaceutical Society of Great Britain.