SCHEDULE 1CONSEQUENTIAL AND ANCILLARY AMENDMENTS

The National Health Service (Pharmaceutical Services)(Scotland) Regulations 1995

4

1

The National Health Service (Pharmaceutical Services) (Scotland) Regulations 19957 shall be amended as provided in this paragraph.

2

In regulation 2(1) (interpretation and application)8–

a

for the definition of “appropriate non-proprietary name” substitute–

  • “appropriate non-proprietary name” means a non-proprietary name which is not mentioned in any directions given by the Scottish Ministers under section 17N(6) of the Act (other mandatory contract terms)9 as to the drugs or other substances–

    1. a

      which may not be ordered for patients in the provision of primary medical services under a general medical services contract;

    2. b

      except where the conditions in paragraph 40(2) of Schedule 5 to the GMS Contracts Regulations are satisfied, which can only be ordered for specified patients and specified purposes;

b

omit the definition of “medical list”;

c

in the definition of “prescription form”–

i

in paragraph (a)(iii) omit “doctor or”; and

ii

for paragraph (a)(v) and (vi) substitute–

or;

v

prescriber; and

d

for the definition of “scheduled drug” substitute–

  • “scheduled drug” means–

    1. a

      a drug, medicine or other substance specified in any directions given by the Scottish Ministers under section 17N(6) of the Act as being a drug or other substance which may not be ordered in the provision of primary medical services under a general medical services contract; or

    2. b

      except where the conditions in paragraph 40(2) of Schedule 5 to the GMS Contracts Regulations are satisfied, a drug, medicine or other substance which is specified in any directions given by the Scottish Ministers under section 17N(6) of the Act as being a drug or other substance which can only be ordered for specified patients and specified purposes in the provision of primary medical services under a general medical services contract;

e

insert the following definitions at the appropriate place in alphabetical order:–

  • “GMS Contracts Regulations” means the National Health Service (General Medical Services Contracts) (Scotland) Regulations 200410;

  • “prescriber” means a doctor, an independent nurse prescriber or a supplementary prescriber;

3

In regulation 2(2) omit “doctor or”.

4

Omit regulation 11(3) and (4) (publication of particulars)11.

5

In paragraph 3 (provision of pharmaceutical services) of Schedule 1 (terms of service for pharmacists)12–

a

in sub-paragraph (1)–

i

in paragraph (a) for “doctor, a supplementary prescriber or an independent nurse prescriber” substitute “prescriber”;

ii

for paragraph (b) substitute–

b

an order for a drug specified in any directions given by the Scottish Ministers under section 17N(6) of the Act as being a drug which can only be ordered for specified patients and specified purposes in the provision of primary medical services under a general medical services contract, signed by, and endorsed on its face with the reference “SLS” by a prescriber;

iii

in paragraph (ba) for “doctor;” substitute “prescriber; or”; and

iv

omit paragraphs (d) and (e);

b

in sub-paragraphs (4) and (6) for “a doctor, a dentist, a supplementary prescriber or an independent nurse prescriber” substitute “a prescriber or a dentist” in each place where it occurs;

c

in sub-paragraph (7), for “the doctor, dentist, a supplementary prescriber or an independent nurse prescriber” substitute “the prescriber or dentist”; and

d

in sub-paragraph (11)–

i

for “a doctor, supplementary prescriber or an independent nurse prescriber” substitute “a prescriber”; and

ii

for paragraph (c) substitute–

c

in any case the prescriber undertakes to furnish the pharmacist, within 72 hours, with such a prescription form.