The National Health Service (Pharmaceutical Services) (General Medical Services) and (Charges for Drugs and Appliances) Amendment Regulations 2003

PART III AMENDMENT OF THE NATIONAL HEALTH SERVICE (CHARGES FOR DRUGS AND APPLIANCES) REGULATIONS 2000

Amendment of regulation 2

18.  In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) after the definition of “appliance”, insert the following definition—

““batch issue” means a form provided by a Primary Care Trust and issued by a doctor at the same time as a repeatable prescription to enable a chemist to receive payment for the provision of repeat dispensing services, which is in the format specified in Part 2 of Schedule 6B(1) to the National Health Service (General Medical Services) Regulations 1992, and which—

(a)

is generated by a computer and not signed by a doctor;

(b)

relates to a particular repeatable prescription and contains the same date as that prescription;

(c)

forms part of a sequence of batch issues, the number of batch issues being equal to the number of occasions on which the drugs or appliances ordered on the repeatable prescription may be provided; and

(d)

specifies a number denoting its place in the sequence referred to in paragraph (c);”, and

(ii) for the definition of “prescription form”(2) substitute the following definitions—

““prescription form” means, subject to regulation 2A, a form provided by an NHS trust or a Primary Care Trust and issued by a doctor, dentist, supplementary prescriber or independent nurse prescriber to enable a person to obtain pharmaceutical services or local pharmaceutical services and—

(a)

includes a prescription form provided and issued under equivalent arrangements having effect in Scotland, Wales or Northern Ireland; and

(b)

does not include a repeatable prescription;

“repeat dispensing services” means pharmaceutical services or local pharmaceutical services which involve the provision of drugs or appliances by a chemist in accordance with a repeatable prescription;

“repeatable prescription” means a prescription contained in a form provided by a Primary Care Trust and issued by a doctor to enable a person to obtain pharmaceutical services or local pharmaceutical services, which is in the format specified in Part 1 of Schedule 6B to the National Health Service (General Medical Service) Regulations 1992, and which—

(a)

is generated by a computer but signed by a doctor, and

(b)

indicates that the drugs or appliances ordered on that form may be provided more than once, and specifies the number of occasions on which they may be provided;”; and

(b) in paragraph (3), after “one prescription form” insert “, or on one repeatable prescription (but only where the supply is against one batch issue relating to that repeatable prescription)”.

Amendment of regulation 3

19.—(1) Regulation 3 (supply of drugs and appliances by chemists) is amended as follows.

(2) In paragraph (1), for “A chemist” substitute “Except as provided in paragraph (1A), a chemist”.

(3) After paragraph (1) insert—

“(1A) A chemist who provides repeat dispensing services to a patient shall, subject to paragraph (3), make and recover from that patient in respect of each batch issue—

(a) in respect of an item of elastic hosiery a charge of £6.30, that is to say a charge of £12.60 per pair;

(b) in respect of the supply of each other appliance and of each quantity of a drug, a charge of £6.30.

(1B) Where a charge is paid under paragraph (1A), the person making the payment shall on doing so sign a declaration in writing on the batch issue that the relevant charge has been paid.”.

(4) For paragraph (3) substitute—

“(3) No charges shall be made and recovered under paragraph (1) or paragraph (1A) where—

(a) there is exemption under regulation 7 and a declaration of entitlement to exemption is duly completed by or on behalf of the patient—

(i) in cases falling within paragraph (1A), on the batch issue at the time that the drug or appliance is supplied,

(ii) in cases involving a prescription form falling within regulation 2A, in such other written or alternative form as the Secretary of State is satisfied is suitable for the purposes of a pilot scheme on the use of electronic prescribing, or

(iii) in all other cases, on the prescription form;

(b) there is entitlement to remission of the charge under regulation 3 of the Travelling Expenses and Remission of Charges Regulations and a declaration of entitlement to remission is duly completed by or on behalf of the patient either—

(i) in cases falling within paragraph (1A), on the batch issue at the time that the drug or appliance is supplied,

(ii) in cases involving a prescription form falling within regulation 2A, in such other written or alternative form as the Secretary of State is satisfied is suitable for the purposes of a pilot scheme on the use of electronic prescribing, or

(iii) in all other cases, on the prescription form; or

(c) the patient is resident in a school or institution the name of which is inserted on the prescription form by a doctor under paragraph 45 of Schedule 2 to the National Health Service (General Medical Services) Regulations 1992(3) or under an equivalent provision of a pilot scheme.”.

(5) In paragraph (5)—

(a) after “prescription form” insert “or repeatable prescription”; and

(b) after “paragraph (1)” insert “or paragraph (1A)”.

(6) In paragraph (6), after “paragraph (1)” insert “or paragraph (1A)”.

(1)

S.I. 1992/635; Schedule 6B is inserted by regulation 15 of these Regulations.

(2)

As amended by S.I. 2001/2887 and S.I. 2002/2352.

(3)

S.I. 1992/635. Paragraph 45 was amended by regulation 31(1) and (4)(c) of S.I. 2002/2861.