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4. Before providing any drugs or appliances in accordance with paragraph 3, or in the circumstances set out in paragraph 5—
(a)a dispensing doctor (D) must ask any person who makes a declaration that the patient does not have to pay the charges specified in regulation 4(1) of the Charges Regulations(1) (supply of drugs and appliances by doctors) by virtue of either—
(i)entitlement to exemption under regulation 7(1) of the Charges Regulations(2) (exemptions), or
(ii)entitlement to remission of charges under regulation 5 of the Remission of Charges Regulations(3) (entitlement to full remission and payment),
to produce satisfactory evidence of such entitlement, unless the declaration is in respect of entitlement to exemption by virtue of regulation 7 of the Charges Regulations or in respect of entitlement to remission by virtue of regulation 5 of the Remission of Charges Regulations, and at the time of the declaration D has such evidence available to D;
(b)if, in the case of a non-electronic prescription form or non-electronic repeatable prescription, no satisfactory evidence, as required by sub-paragraph (a), is produced to D, D must endorse the form on which the declaration is made to that effect; and
(c)in the case of an electronic prescription, D must transmit to the Electronic Prescription Service—
(i)in a case where exemption from or remission of charges is claimed for all or some of the items included in the prescription, a record of—
(aa)the exemption category specified in regulation 7(1) of the Charges Regulations or the ground for remission under regulation 5 of the Remission of Charges Regulations which it is claimed applies to the case; and
(bb)whether or not satisfactory evidence was produced to D as required by sub-paragraph (a),
(ii)in any case where a charge is due, confirmation that the relevant charge was paid, and
(iii)in a case of a prescription for or including contraceptive substances, confirmation that no charge was payable in respect of those substances.
Regulation 4 has been amended by S.I. 2000/2393, 2001/2887, 2002/548 and 2352, 2005/578, 2008/571, 2009/411, 2010/1727 and 2011/518.
Regulation 7 has been amended by S.I. 2000/3189, 2002/2352, 2004/696, 2005/578 and 2009/29.
Regulation 5 has been amended by S.I. 2004/663 and 936, 2006/562, 2008/1697 and 2009/411.
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