3. In circumstances where paragraph 2 does not apply and subject to the following provisions of this Schedule, where a dispensing doctor (D) is authorised or required by virtue of Part 8 to provide a drug or appliance to a person—
(a)D must record any order for the provision of any drugs or appliances which are needed for the treatment of the patient, before the drugs or appliances are dispensed (unless it is personally administered)—
(i)on a prescription form completed in accordance with the term of the contract under which primary medical services are provided to the patient which gives effect to paragraph 39 of Schedule 6 to the GMS Regulations M1 (other contractual terms – prescribing) or an equivalent provision applying in relation to that contract,
(ii)if paragraph 39A of Schedule 6 to the GMS Regulations M2 (other contractual terms – electronic prescriptions) or an equivalent provision applies in relation to the contract under which primary medical services are provided to the patient, on an electronic prescription form, or
(iii)in the case of a personally administered vaccine in respect of which the NHS BSA does not require an individual prescription form in order to process payment, on the form provided by the NHS BSA for the purposes of claiming payments for administering that vaccine (as well, potentially, as claiming other payments), and in the manner required by the NHS BSA (which may be as part of an aggregate total);
(b)D must provide those drugs or appliances in a suitable container (unless it is personally administered);
(c)D must provide for the patient a drug specified in Schedule 2 to the Prescription of Drugs Regulations M3 (drugs, medicines and other substances that may be ordered only in certain circumstances) only where the conditions in paragraph 42(2) of Schedule 6 to the GMS Regulations M4 (other contractual terms – a restrictions on prescribing by medical practitioners) are satisfied; and
(d)D must provide for the patient a restricted availability appliance only if the patient is a person, or it is for a purpose, specified in the Drug Tariff.
Marginal Citations
M1Paragraph 39 has been amended by S.I. 2005/893, 2007/3491 and 2009/2230.
M2Paragraph 39A was inserted by S.I. 2005/893 and has been amended by S.I. 2007/3491.
M3Schedule 2 has been amended by S.I. 2004/3215, 2009/2230, 2010/2389 and 2011/680 and 1043.
M4Paragraph 42 has been amended by S.I. 2005/893 and 2009/2230.