2007 No. 500

NATIONAL HEALTH SERVICE

The National Health Service (Pharmaceutical Services) (Scotland) Amendment (No. 3) Regulations 2007

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 27(1), (1A) and (2), 228A, 105(7) and 108(1) of the National Health Service (Scotland) Act 19781 and all other powers enabling them to do so.

Citation and commencement1

These Regulations may be cited as the National Health Service (Pharmaceutical Services) (Scotland) Amendment (No. 3) Regulations 2007 and come into force on 30th November 2007.

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

2

1

The National Health Service (Pharmaceutical Services) (Scotland) Regulations 19952 are amended as follows.

2

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

a

after the definition of “pharmacist contractor” insert–

  • “pharmacist independent prescriber” means a person–

    1. a

      who is registered in Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 20073 or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 19764; and

    2. b

      against whose name in the relevant register is recorded an annotation signifying that he or she is qualified to order drugs, medicines and appliances as a pharmacist independent prescriber;

b

in the definition of “prescriber” after “doctor,” insert “pharmacist independent prescriber,”.

3

In regulation 9(2), (payments to pharmacists and standards of drugs and appliances) after “(c)” insert “or (i)”.

4

After sub-paragraph (3A) in paragraph 3 of Schedule 1 insert–

3B

 

a

A pharmacist independent prescriber shall not supply any item ordered on a prescription form by that pharmacist independent prescriber unless the conditions specified in paragraph (b) are met.

b

The conditions referred to in paragraph (a) are–

i

the item has been ordered in accordance with the arrangements which a Health Board has made pursuant to Directions issued by the Scottish Ministers in respect of pharmacist independent prescribers; and

ii

the pharmacist independent prescriber reasonably considers that either–

a

exceptional circumstances exist whereby it is in the best interests of the patient to whom the item is to be supplied that the pharmacist independent prescriber who orders the item should supply it; or

b

the patient to whom the item is to be supplied, or the patient’s representative, is otherwise unlikely to be able to obtain the item without suffering excessive inconvenience or delay.

c

A pharmacist independent prescriber who supplies an item which he or she has ordered must endorse the prescription form for that item with the words “self-dispensed”.

SHONA ROBISONAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 (“the principal regulations”) which regulate the provision of pharmaceutical services under the National Health Service (Scotland) Act 1978.

Regulation 2(2)(a) inserts a definition of “pharmacist independent prescriber” into the principal regulations.

Regulation 2(2)(b) amends the definition of “prescriber” in the principal regulations to include “pharmacist independent prescriber”.

Regulation 3 amends regulation 9(2) of the principal regulations to provide that the Drug Tariff may state that a Health Board can be the determining authority for fees allowances and remuneration payable for the provision of specified directed services (additional pharmaceutical services).

Regulation 4 inserts a new paragraph 3(3B) into Schedule 1 to the principal regulations. This imposes certain restrictions on the dispensing of prescriptions written by pharmacist independent prescribers.