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

Regulation 3(2)

SCHEDULE 1 terms of service for pharmacists

Interpretation

1.  In these terms of service unless the context otherwise requires—

(a) “prescription form” means a form provided by the Board or, where the doctor is on the medical list of more than one Board, by the Board which is responsible for the supply of that form, for issue by a doctor or dentist to enable a person to obtain pharmaceutical services as defined by section 27 of the Act;

(b) except in relation to a pharmacist who has notified the Board under regulation 3(7) that he wishes to be excluded from the arrangements for the supply of contraceptive substances and appliances referred to in regulation 3, “drugs” includes contraceptive substances and “appliances” includes contraceptive appliances;

(c) any reference to a numbered paragraph is a reference to the paragraph bearing that number in these terms of service and any reference to a numbered sub-paragraph is a reference to the sub-paragraph bearing that number in that paragraph.

Incorporation of provisions of regulations, etc.

2.  Any provisions of the following affecting the rights and obligations of pharmacists shall be deemed to form part of the terms of service:—

(a) these Regulations;

(b) the Drug Tariff;

(c) any scheme made under regulation 8;

(d) so much of Part II of the National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1992(1) as relates to—

(i) the investigation of complaints made by or on behalf of persons against pharmacists and other investigations to be made by the pharmaceutical service committee and the joint services committee and the action which may be taken by the Board as a result of such investigations, including the withholding of remuneration from pharmacists where there has been a breach of the terms of service;

(ii) appeals to the Secretary of State from decisions of the Board.

Provision of pharmaceutical services

3.—(1) Subject to sub-paragraphs (2) and (3) a pharmacist shall supply, with reasonable promptness, to any person who presents on a prescription form—

(a) an order for drugs, not being scheduled drugs, or for appliances, signed by a doctor;

(b) an order for a drug specified in Schedule 11 to the National Health Service (General Medical Services) (Scotland) Regulations 1995, signed by, and endorsed on its face with the reference “SLS”, by a doctor;

(c) an order for listed drugs, or for drugs, not being scheduled drugs, signed by a dentist,

such drugs and appliances as may be so ordered, and any drugs so supplied shall be in a suitable container.

(2) A pharmacist shall not accept for dispensing any prescription form transmitted from or received at a registered pharmacy which is not included in the pharmaceutical list.

(3) A pharmacist shall not supply any drugs or listed appliances ordered on a prescription form other than at a registered pharmacy which is included in the pharmaceutical list.

(4) Where an order, not being an order to which the Poisons Rules 1982(2) or the Misuse of Drugs Regulations 1985(3) apply, issued by a doctor or a dentist on a prescription form for drugs or listed drugs does not prescribe the quantity, strength or dosage thereof, a pharmacist may supply such strength and dosage of drugs or listed drugs so ordered as he shall consider to be appropriate, and, subject to the provisions of sub-paragraph (5), in such quantity as he considers to be appropriate for a course of treatment of the patient to whom the order relates, for a period not exceeding five days.

(5) Where an order to which sub-paragraph (4) applies is for—

(a) an oral contraceptive, or

(b) a drug or listed drug which is available for supply as part of pharmaceutical services only together with one or more drugs or listed drugs, or

(c) an antibiotic in a liquid form for oral administration in respect of which pharmaceutical considerations require supply in an unopened package,

which is not available for supply as part of pharmaceutical services except in such packages that the minimum available package contains a quantity appropriate to a course of treatment for a patient for a period of more than five days, the pharmacist may supply for the patient to whom the order relates, such minimum available package.

(6) Where any drug, not being one to which the Misuse of Drugs Regulations 1985 apply, ordered by a doctor or dentist on a prescription form, is available for provision by a pharmacist in a pack in a quantity which is different to the quantity which has been so ordered, and that drug is—

(a) sterile;

(b) effervescent or hygroscopic;

(c) a liquid preparation for addition to bath water;

(d) a coal tar preparation;

(e) a viscous preparation; or

(f) packed at the time of its manufacture in a calendar pack or special container,

the pharmacist shall, subject to sub-paragraph (7), provide the drug in the pack whose quantity is nearest to the quantity which has been so ordered.

(7) A pharmacist shall not provide, pursuant to sub-paragraph (6), a drug in a calendar pack where in his opinion, it was the intention of the doctor or dentist who ordered the drug that it should be provided only in the exact quantity ordered.

(8) In this paragraph—

(a) “calendar pack” means a blister or strip pack showing the days of the week or month against each of the several units in the pack; and

(b) “special container” means any container with an integral means of application or from which it is not practicable to dispense an exact quantity.

(9) All drugs and preparations supplied by pharmacists shall, where a standard or formula is specified in the British Pharmacopoeia, the British Pharmaceutical Codex, or the Drug Tariff, conform to the standard or formula so specified, and in any other case shall be of a grade or quality not lower than the grade or quality ordinarily used for medicinal purposes.

(10) All appliances supplied by pharmacists shall conform to the specifications included in the Drug Tariff.

(11) Subject to any regulations in force under the Weights and Measures Act 1985(4), a pharmacist shall provide pharmaceutical services only in response to and, subject to sub-paragraphs (4), (5) and (6), in accordance with an order on a prescription form signed as specified in sub-paragraph (1), except that in a case of urgency where a doctor personally known to a pharmacist requests him to dispense a drug or appliance the pharmacist may supply that drug or appliance before receiving such a prescription form, only if—

(a) that drug is not a scheduled drug; and

(b) that drug is not a controlled drug within the meaning of the Misuse of Drugs Act 1971(5), other than a drug which is for the time being specified in Schedule 5 to the Misuse of Drugs Regulations 1985; and

(c) in any case, the doctor undertakes to furnish the pharmacist, within 72 hours, with such a prescription form.

(12) Except as provided in sub-paragraph (13), a pharmacist shall not supply, by way of pharmaceutical services under the Act or otherwise, any scheduled drug which is ordered by name, formula or other description on a prescription form.

(13) Where a drug has an appropriate non-proprietary name and it is ordered on a prescription form either by that name or by its formula, a pharmacist may supply a drug which has the same specification notwithstanding that it is a scheduled drug.

(14) Where a drug which is ordered as specified in sub-paragraph (12) combines more than one drug, that sub-paragraph shall apply only if the combination has an appropriate non-proprietary name, whether the individual drugs which it combines do so or not.

(15) A pharmacist shall not give, promise or offer to any person any gift or reward (whether by way of a share of or dividend on the profits of the business or by way of discount or rebate or otherwise) as an inducement to or in consideration of his presenting an order for drugs or appliances on a prescription form.

(16) A pharmacist shall not, except with the consent of the Secretary of State, provide at a health centre services other than pharmaceutical services in accordance with section 27 of the Act.

Premises and hours of business

4.—(1) Pharmaceutical services shall be provided from the premises specified in the application made by the pharmacist for inclusion in the Board’s list, and the premises shall be open for the supply of pharmaceutical services during the hours specified in the scheme to be made by the Board for that purpose under the Regulations.

(2) At every premises from which pharmaceutical services are provided there shall be exhibited a notice to be provided by the Board in the form prescribed in Schedule 2. There shall also be exhibited at such premises, at times when those premises are not open, and in such a manner as to be visible at such times, a notice in a form approved by the Board, indicating the facilities available for securing the dispensing of medicines urgently required.

(3) Pharmaceutical services shall not, except with the consent of the Board, or on appeal, of the Secretary of State, be provided by a pharmacist in premises occupied by a doctor other than at a health centre.

(4) No pharmacist shall provide pharmaceutical services from any pharmacy or other premises which are not included in the pharmaceutical list in respect of that pharmacist.

Dispensing of medicines

5.  The dispensing of medicines shall be performed either by or under the direct supervision of a pharmacist who shall not, unless the Secretary of State otherwise consents, be a person disqualified under section 29 of the Act(6) for inclusion in a pharmaceutical list.

Names of registered pharmacists

6.  A pharmacist contractor shall, if so required by the Board, furnish to the Board the name or names of pharmacists employed by him in dispensing medicines.

Drugs, etc. to be supplied without charge

7.—(1) Subject to the provisions of any Regulations made under section 69 of the Act all drugs, containers and appliances supplied under these terms of service shall be supplied free of charge.

(2) Where a pharmacist supplies an oxygen container or oxygen equipment, other than equipment specified in the Drug Tariff as not returnable to the pharmacist, the container and equipment shall remain the property of the pharmacist who shall have no claim against the Board in the event of the loss of, or damage to, such container or equipment except as may be provided in the Drug Tariff.

Method of payment

8.—(1) A pharmacist is required to furnish to the Board or to such other person or body as it may direct, on dates to be appointed by the Secretary of State after consultation with an organisation which is in his opinion representative of the general body of pharmacists, the prescription forms and other forms upon which the orders for drugs and appliances supplied by him were given, arranged in such manner as the Board may direct, together with a statement of accounts containing such particulars relating to the provision by him of pharmaceutical services as the Board, with the approval of the Secretary of State, may from time to time require.

(2) A pharmacist whose name is included in the pharmaceutical list shall supply, in response to a request from the Secretary of State and within one month of the notification of the request, any information which the Secretary of State may require for the purpose of conducting any inquiry into the prices, payments, fees, allowances and remuneration specified in these Regulations.

(3) The Board shall, if any pharmacist so requires, afford him reasonable facilities for examining all or any of the forms on which the drugs or appliances supplied by him were ordered, together with particulars of the amounts calculated to be payable in respect of such drugs and appliances and if he takes objection thereto, the Board shall take such objection into consideration.

(4) The Board shall, if so required by any organisation which is, in the opinion of the Secretary of State, representative of the general body of pharmacists, afford the said organisation similar facilities for examining such forms and particulars relating to all or any of the pharmacists and shall take into consideration any objection made thereto by the said organisation.

(5) Payment will be made for drugs and appliances in the Drug Tariff at the prices specified therein and for drugs or appliances not in the Drug Tariff in the manner set forth therein subject in either case to any deduction required to be made by regulations made under section 69 of the Act.

(6) If the Secretary of State, after consultation with such organisation as is mentioned in sub-paragraph (1), is satisfied at any time that the method of payment hereinbefore provided for in this paragraph is such that undue delay in payment may be caused thereby, he may direct that the amounts to be payable to a pharmacist shall be calculated by such other method, whether by averaging the amounts payable to a pharmacist or otherwise, as appears to him designed to secure that—

(a) payment may be made within a reasonable time; and

(b) payments to a pharmacist shall, as nearly as may be, remain the same as if the payments had been calculated in accordance with the first mentioned method of payment,

and payments calculated by any such other method shall be deemed for all purposes to be payments made in accordance with these Regulations.

(7) No pharmacist shall be paid in respect of the supply of drugs or listed appliances indicated on a prescription form unless that supply takes place at a registered pharmacy included in the pharmaceutical list in respect of that pharmacist.

Withdrawal from pharmaceutical list

9.—(1) Subject to sub-paragraph (2) a pharmacist may at any time give notice in writing to the Board that he desires to withdraw his name from the pharmaceutical list and his name shall be removed therefrom at the expiration of three months from the date of such notice or of such shorter period as the Board may agree.

(2) Where representations are made to the Tribunal under the provisions of section 29 of the Act (disqualification of persons providing services) that the continued inclusion of a pharmacist in the pharmaceutical list would be prejudicial to the efficiency of the service, he shall not, except with the consent of the Secretary of State and subject to such conditions as the Secretary of State may impose, be entitled to withdraw his name from the list pending the termination of the proceedings on such representations.

(3) The name of any pharmacist whose business is carried on by representatives in accordance with the provisions of the Medicines Act 1968, shall not be removed from the list so long as the business is carried on by them in accordance with the provisions of that Act, and the representatives agree to be bound by the terms of service of the pharmacist.

Professional standards

10.  Without prejudice to any rule or implication of law to that effect, a pharmacist who provides pharmaceutical services in accordance with arrangements made in these Regulations shall do so in conformity with standards generally accepted in the pharmaceutical profession.

Records to be made available

11.  A pharmacist who has undertaken to provide supplemental services within the meaning of paragraph (3) of regulation 3 shall on request make available to the Board all records kept in accordance with sub-paragraphs (b) and (c) of that paragraph.

(1)

S.I. 1992/434, amended by S.I. 1994/3038.

(2)

S.I. 1982/218, amended by S.I. 1985/1077, 1986/10 and 1704, and 1992/2293.

(3)

S.I. 1985/2066, amended by S.I. 1986/2330, 1988/916, 1989/1460, 1990/2487 and 2630.

(4)

1985 c. 72.

(5)

1971 c. 38.

(6)

Section 29 was amended by the Health and Social Security Act 1984 (c. 48), Schedule 8, Part I.