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The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013, Section 46 is up to date with all changes known to be in force on or before 18 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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46.—(1) In respect of the area of each HWB, the NHSCB must prepare and publish a list (a “dispensing doctor list”) of the names of any “dispensing doctors” in that area, that is to say—
(a)providers of primary medical services who provide pharmaceutical services from medical practice premises in that area; and
(b)general practitioners who are not providers of primary medical services but who provide pharmaceutical services from medical practice premises in that area (not including general practitioners who are listed as part of the listing of a provider by virtue of paragraph (6)(b)).
(2) Each dispensing doctor list must include—
(a)the address of any premises in the area of the relevant HWB for which a listed dispensing doctor has premises approval (“the listed dispensing premises”) and any other medical practice premises of the dispensing doctor in that area; and
(b)any area in relation to which the dispensing doctor has outline consent (which may be in the area of a neighbouring HWB).
(3) The NHSCB must remove a dispensing doctor from a dispensing doctor list if—
(a)in the case of a listed provider of primary medical services, that person or partnership ceases to be a provider of primary medical services or ceases to be a provider of those services at or from (what were) the relevant listed dispensing premises;
(b)in the case of a listed general practitioner, that person is no longer on the medical performers list or no longer performs primary medical services within the area of the relevant HWB; or
(c)all the arrangements that the dispensing doctor has with the NHSCB to perform or provide pharmaceutical services at or from (what were) the relevant listed dispensing premises have been discontinued, or the permissions that the dispensing doctor requires in order to have such arrangements have lapsed, in accordance with this Part.
(4) If—
(a)a general practitioner who is the only member of a provider of primary medical services who is a dispensing doctor so elects; or
(b)all the general practitioners who are the members of a provider of primary medical services who are dispensing doctors so elect,
they may request that the NHSCB lists that provider instead of them as the dispensing doctor (or doctors) on a dispensing doctors list.
(5) In the circumstances described in paragraph (4)—
(a)the NHSCB must agree to that request;
(b)the arrangements that the NHSCB had with the individual dispensing doctor or doctors become arrangements with the provider of primary medical services; and
(c)the premises approvals and related outline consents of that individual general practitioner or those general practitioners become the premises approvals and outline consents of the provider of primary medical services.
(6) Where a provider of primary medical services is listed in a dispensing doctors list—
(a)the provider must notify the NHSCB—
(i)of any general practitioner who performs primary medical services on behalf of the provider who the provider anticipates will provide pharmaceutical services on behalf of the provider, and
(ii)if and when, in the case of a general practitioner who has been so notified, the provider no longer anticipates that the general practitioner will provide pharmaceutical services on behalf of the provider; and
(b)as part of the listing of the provider in its dispensing doctors list, the NHSCB must include the names of any general practitioner notified under sub-paragraph (a)(i), unless the NHSCB has received a further notification in respect of that general practitioner under sub-paragraph (a)(ii).
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