2016 No. 393
National Health Service

The National Health Service (Dietitian Supplementary Prescribers and Therapeutic Radiographer Independent Prescribers) (Miscellaneous Amendments) (Scotland) Regulations 2016

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 17E(1), 17N(1) and 27(1) and (1A) of the National Health Service (Scotland) Act 19781, and all other powers enabling them to do so.

Citation and commencement

1.

These Regulations may be cited as the National Health Service (Dietitian Supplementary Prescribers and Therapeutic Radiographer Independent Prescribers) (Miscellaneous Amendments) (Scotland) Regulations 2016 and come into force on 31st December 2016.

Amendment of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004

2.

The National Health Service (General Medical Services Contracts) (Scotland) Regulations 20042 are amended as follows.

3.

In regulation 2(1) (interpretation)—

(a)

after the definition of “independent nurse prescriber” insert—

““independent prescriber” means—

(a)

an independent nurse prescriber;

(b)

a pharmacist independent prescriber;

(c)

a physiotherapist independent prescriber;

(d)

a podiatrist or chiropodist independent prescriber; or

(e)

a therapeutic radiographer independent prescriber;”;

(b)

in the definition of “prescriber”—

(i)

in paragraph (e) omit “and”; and

(ii)

at the end of paragraph (f) insert—

“; and

(g)

a therapeutic radiographer independent prescriber,”;

(c)

in the definition of “supplementary prescriber”—

(i)

in paragraph (d)(ii) omit “or”; and

(ii)

after paragraph (d)(iii) insert—

“(iv)

dietitians; or”; and

(d)

after the definition of “temporary resident” insert—

““therapeutic radiographer independent prescriber” means a person—

(a)

registered in Part 11 of the register maintained under article 5 of the Health and Social Work Professions Order 20013; and

(b)

against whose name in that register is recorded—

  1. (i)

    an entitlement to use the title “therapeutic radiographer”; and

  2. (ii)

    an annotation signifying that the person is qualified to order drugs, medicines and appliances as a therapeutic radiographer independent prescriber;”.

4.

In schedule 5 (other contractual terms)—

(a)

in sub-paragraphs (6) and (7) of paragraph 44 (provision of dispensing services) for “, an independent nurse prescriber, a pharmacist independent prescriber, a physiotherapist independent prescriber or a podiatrist or chiropodist independent prescriber” in each place it occurs substitute “or an independent prescriber”; and

(b)

in paragraph 58 (independent nurse prescribers and supplementary prescribers)—

(i)

the heading becomes “Independent prescribers and supplementary prescribers”; and

(ii)

in sub-paragraphs (1) and (2) for “independent nurse prescriber, a supplementary prescriber, a pharmacist independent prescriber, a physiotherapist independent prescriber or a podiatrist or chiropodist independent prescriber” in each place it occurs substitute “independent prescriber or a supplementary prescriber”.

Amendment of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004

5.

The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 20044 are amended as follows.

6.

In regulation 2(1) (interpretation)—

(a)

after the definition of “independent nurse prescriber” insert—

““independent prescriber” means—

(a)

an independent nurse prescriber;

(b)

a pharmacist independent prescriber;

(c)

a physiotherapist independent prescriber;

(d)

a podiatrist or chiropodist independent prescriber; or

(e)

a therapeutic radiographer independent prescriber;”;

(b)

in the definition of “prescriber”—

(i)

in paragraph (e) omit “and”; and

(ii)

at the end of paragraph (f) insert—

“; and

(g)

a therapeutic radiographer independent prescriber,”;

(c)

in the definition of “supplementary prescriber”—

(i)

in paragraph (d)(ii) omit “or”; and

(ii)

after paragraph (d)(iii) insert—

“(iv)

dietitians; or”; and

(d)

after the definition of “temporary resident” insert—

““therapeutic radiographer independent prescriber” means a person—

(a)

registered in Part 11 of the register maintained under article 5 of the Health and Social Work Professions Order 2001; and

(b)

against whose name in that register is recorded—

  1. (i)

    an entitlement to use the title “therapeutic radiographer”; and

  2. (ii)

    an annotation signifying that the person is qualified to order drugs, medicines and appliances as a therapeutic radiographer independent prescriber;”.

7.

In schedule 1 (content of agreements)—

(a)

in paragraph 13 (restrictions on prescribing by supplementary prescribers)—

(i)

in sub-paragraph (1) for “parental” in each place it occurs substitute “parenteral”; and

(ii)

in sub-paragraph (4)(e) for “provision or” substitute “provision of”;

(b)

in paragraph 15 (provision of dispensing services)—

(i)

in sub-paragraph (3)(b) for “apply” substitute “supply”;

(ii)

in sub-paragraphs (6) and (7) for “, an independent nurse prescriber, a pharmacist independent prescriber, a physiotherapist independent prescriber or a podiatrist or chiropodist independent prescriber” in each place it occurs substitute “or an independent prescriber”; and

(c)

in paragraph 28 (independent nurse prescribers and supplementary prescribers)—

(i)

the heading becomes “Independent prescribers and supplementary prescribers”; and

(ii)

in sub-paragraphs (1) and (2) for “independent nurse prescriber, a supplementary prescriber, a pharmacist independent prescriber, a physiotherapist independent prescriber or a podiatrist or chiropodist independent prescriber” in each place it occurs substitute “independent prescriber or a supplementary prescriber”.

Amendment of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009

8.

The National Health Service (Pharmaceutical Services) (Scotland) Regulations 20095 are amended as follows.

9.

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

(a)

after the definition of “hypodermic needle exchange services” insert—

““independent nurse prescriber” means a person—

(a)

who is registered in the Nursing and Midwifery Register; and

(b)

against whose name is recorded in that register an annotation signifying that he or she is qualified to order drugs, medicines and appliances as a community practitioner nurse prescriber, a nurse independent prescriber or a nurse independent/supplementary prescriber;”;

(b)

omit the definition of “nurse independent prescriber”;

(c)

in the definition of “prescriber”—

(i)

in paragraph (c) for “nurse independent prescriber” substitute “independent nurse prescriber”;

(ii)

in paragraph (f) omit “or”; and

(iii)

after paragraph (f) insert—

“(fa)

a therapeutic radiographer independent prescriber, or”;

(d)

in the definition of “supplementary prescriber”—

(i)

in paragraph (d)(ii) omit “or”;

(ii)

in paragraph (d)(iii) omit “or”; and

(iii)

after paragraph (d)(iii) insert—

“(iv)

dietitians; or”; and

(e)

after the definition of “terms of service” insert—

““therapeutic radiographer independent prescriber” means a person—

(a)

registered in Part 11 of the register maintained under article 5 of the Health and Social Work Professions Order 2001; and

(b)

against whose name in that register is recorded—

  1. (i)

    an entitlement to use the title “therapeutic radiographer”; and

  2. (ii)

    an annotation signifying that the person is qualified to order drugs, medicines and appliances as a therapeutic radiographer independent prescriber;”.

SHONA ROBISON
A member of the Scottish Government

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 (“the GMS Regulations”), the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 (“the Section 17C Regulations”) and the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 (“the 2009 Regulations”), by extending the definition of prescriber through the insertion of a new category of independent prescriber, namely therapeutic radiographer independent prescriber, and by extending the definition of supplementary prescriber to include registered dietitians.

The GMS Regulations and the Section 17C Regulations contain rules about the supply of drugs, medicines or appliances by GPs, with specific provision in relation to drugs, medicines or appliances prescribed by supplementary prescribers or certain independent prescribers. Regulations 4(a) and 7(b)(ii) amend those provisions so that they also apply in the case of a therapeutic radiographer independent prescriber. Registered dietitians are added to these rules by virtue of the amended definition of supplementary prescriber.

Regulation 4(b)(ii) adds therapeutic radiographer independent prescribers into paragraph 58 of schedule 5 of the GMS Regulations and regulation 7(c)(ii) makes an equivalent amendment to paragraph 28 of schedule 1 of the Section 17C Regulations. These provisions require contractors and providers, in the GMS Regulations and Section 17C Regulations respectively, to notify the Health Board when an independent or supplementary prescriber starts or ceases to operate within the practice.

Registered dietitians are added to these rules by virtue of the amended definition of supplementary prescriber.

Regulation 7(a) and (b)(i) and regulation 9(a), (b) and (c)(i) correct drafting errors in the Section 17C Regulations and the 2009 Regulations respectively.