The National Health Service (Primary Medical Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013

Amendment of regulation 2

3.  In regulation 2 (interpretation)—

(a) for the definition of “assessment panel”, substitute—

““assessment panel” means the panel appointed by the Board under paragraph 35(3) of Schedule 6;”;

(b) for the definition of “batch issue” substitute—

““batch issue” means a form, in the format required by the Board and approved by the Secretary of State which—

(a)

is issued by a repeatable prescriber at the same time as a non-electronic repeatable prescription to enable a chemist or person who provides dispensing services to receive payment for the provision of repeat dispensing services;

(b)

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

(c)

is generated by a computer and not signed by a repeatable prescriber;

(d)

is issued as one of a sequence of forms, the number of which is equal to the number of occasions on which the drugs, medicines or appliances ordered on the non-electronic repeatable prescription may be provided; and

(e)

has included on it a number denoting its place in the sequence referred to in sub-paragraph (d);”;

(c) immediately after the definition of “batch issue”, insert—

““the Board” means the National Health Service Commissioning Board;

“Care Quality Commission” means the body established by section 1 of the Health and Social Care Act 2008;

“CCG” means a clinical commissioning group;”(1);

(d) in the definition of “chemist”, for “a Primary Care Trust”, substitute “the Board”;

(e) immediately after the definition of “childhood vaccines and immunisations”, insert—

““chiropodist or podiatrist independent prescriber” means a person—

(a)

who is engaged or employed by the contractor or is a party to the contract; and

(b)

who is registered in Part 2 of the register maintained under article 5 of the Health and Social Work Professions Order 2001 (establishment and maintenance of register), and against whose name in that register is recorded an annotation signifying that the chiropodist or podiatrist is qualified to order drugs, medicines and appliances as a chiropodist or podiatrist independent prescriber;”(2);

(f) in the definition of “contractor’s list of patients”, for “the Primary Care Trust”, substitute “the Board”;

(g) in the definition of “dispensing services” for “regulation 48 of the Pharmaceutical Regulations”, substitute “section 126 (arrangements for pharmaceutical services) and section 129 (regulations as to pharmaceutical services) of the 2006 Act”;

(h) for the definition of “Drug Tariff”, substitute—

““Drug Tariff” means the publication known as the Drug Tariff which is published by the Secretary of State and which is referred to in section 127(4) (arrangements for additional pharmaceutical services) of the 2006 Act;”;

(i) immediately after the definition of “electronic prescription form”, insert—

““Electronic Prescription Service” means the service of that name which is operated by the Health and Social Care Information Centre;”(3);

(j) for the definition of “electronic repeatable prescription”, substitute—

““electronic repeatable prescription” means a prescription which falls within paragraph (b) of the definition of “repeatable prescription”;”;

(k) omit the definition of “ETP service”;

(l) in the definition of “home oxygen order form”, for “the Primary Care Trust”, substitute “the Board”;

(m) in the definition of “listed medicines voucher”, for “a Primary Care Trust”, substitute “the Board”;

(n) for the definition of “Local Medical Committee”, substitute—

““Local Medical Committee” means a committee recognised by the Board under section 97 of the 2006 Act;”(4);

(o) omit the definition of “local pharmaceutical services”;

(p) in the definition of “medical card” for “a Primary Care Trust”, substitute “the Board”;

(q) for the definition of “medical performers list”, substitute—

““medical performers list” means the list of medical practitioners maintained and published by the Board in accordance with section 91 (persons performing primary medical services) of the 2006 Act;”(5);

(r) omit the definitions of “NHS Care Record” and “NHS Care Record Service”;

(s) for the definition of “nominated dispenser”, substitute—

““nominated dispenser” means a chemist, medical practitioner or contractor who has been nominated in respect of a patient and the details of that nomination are held in respect of that patient in the Patient Demographics Service which is operated by the Information Centre for Health and Social Care;”;

(t) for the definition of “non-electronic repeatable prescription”, substitute—

““non-electronic repeatable prescription” means a form for the purpose of ordering a drug, medicine or appliance which—

(a)

is provided by the Board, a local authority or the Secretary of State;

(b)

is issued by the prescriber;

(c)

indicates that the drug, medicine or appliance ordered may be provided more than once; and

(d)

specifies the number of occasions on which they may be provided;”;

(u) omit the definition of “NPSA”;

(v) immediately after the definition of “patient”, insert—

““Patient Choice Extension Scheme” means the scheme of that name established by the Secretary of State under which primary medical services may be provided under arrangements made in accordance with directions given to the Board by the Secretary of State under section 98A (exercise of functions) of the 2006 Act;”(6);

(w) omit the definition of “Pharmaceutical Regulations”;

(x) immediately after the definition of “pharmacist independent prescriber”, insert—

““physiotherapist independent prescriber” means a person—

(a)

who is engaged or employed by the contractor or is a party to the contract; and

(b)

who is registered in Part 9 of the register maintained under article 5 of the Health and Social Work Professions Order 2001 (establishment and maintenance of register), and against whose name in that register is recorded an annotation signifying that the physiotherapist is qualified to order drugs, medicines and appliances as a physiotherapist independent prescriber;”;

(y) for the definition of “prescriber”, substitute—

““prescriber” means—

(a)

a chiropodist or podiatrist independent prescriber;

(b)

an independent nurse prescriber;

(c)

a medical practitioner;

(d)

an optometrist independent prescriber;

(e)

a pharmacist independent prescriber;

(f)

a physiotherapist independent prescriber; and

(g)

a supplementary prescriber,

who is either engaged or employed by the contractor or is a party to the contract;”;

(z) for the definition of “prescription form”, substitute—

““prescription form” means, except in the context of the expression “electronic prescription form” or “non-electronic prescription form”—

(a)

a form for the purpose of ordering a drug, medicine or appliance which is—

(i)

provided by the Board, a local authority or the Secretary of State;

(ii)

issued by the prescriber: and

(iii)

does not indicate that the drug, medicine or appliance ordered may be provided more than once; or

(b)

where paragraph 39A(1) (electronic prescriptions) of Schedule 6 applies, data created in an electronic form for the purpose of ordering a drug, medicine or appliance, which—

(i)

is signed with a prescriber’s advanced electronic signature;

(ii)

is transmitted as an electronic communication to a nominated dispensing contractor by the Electronic Prescription Service; and

(iii)

does not indicate that the drug, medicine or appliance ordered may be provided more than once;”;

(aa) for the definition of “Primary Care Trust”, substitute—

““Primary Care Trust” means, unless the context otherwise requires, the Primary Care Trust which was a party to the contract immediately before the coming into force of section 34 (abolition of Primary Care Trusts) of the Health and Social Care Act 2012;”;

(bb) in the definition of “registered patient”, in each place, for “the Primary Care Trust”, substitute “the Board”;

(cc) in the definition of “relevant register”—

(i) in paragraph (a), omit “and”; and

(ii) at the end of paragraph (b), add—

“(c) in relation to an optometrist, the register maintained by the General Optical Council in pursuance of section 7 of the Opticians Act 1989; and

(d) the part of the register maintained by the Health and Care Professions Council in pursuance of article 5 of the Health and Social Work Professions Order 2001 relating to—

(i) chiropodists and podiatrists;

(ii) physiotherapists; or

(iii) radiographers;”(7);

(dd) omit the definition of “relevant Strategic Health Authority”;

(ee) for the definition of “repeatable prescription”, substitute—

““repeatable prescription” means, except in the context of the expression “electronic repeatable prescription” or “non-electronic repeatable prescription”, a prescription which—

(a)

is a form provided by the Board, a local authority or the Secretary of State for the purpose of ordering a drug, medicine or appliance which is in the format required by the NHS Business Services Authority and which—

(i)

is issued by a repeatable prescriber to enable a chemist or person providing dispensing services to receive payment for the provision of repeat dispensing services;

(ii)

indicates that the drug, medicine or appliance ordered may be provided more than once; and

(iii)

specifies the number of occasions on which they may be provided; or

(b)

where paragraph 39A(1) of Schedule 6 applies, is data created in an electronic form for the purposes of ordering a drug, medicine or appliance, which—

(i)

is signed with a prescriber’s advanced electronic signature;

(ii)

is transmitted as an electronic communication to a nominated dispensing contractor by the Electronic Prescription Service; and

(iii)

indicates that the drug, medicine or appliance ordered may be provided more than once and specifies the number of occasions on which they may be provided;”(8);

(ff) immediately after the definition of “section 28C provider”, insert—

““service provider” has the same meaning as in regulation 2 of the Care Quality Commission (Registration) Regulations 2009 (interpretation);”(9); and

(gg) omit the definition of “walk-in centre”.

(1)

2008 c.14. The National Health Service Commissioning Board is established by section 1H of the 2006 Act. Section 1H is inserted by section 9 of the 2012 Act. A clinical commissioning group is a body established under section 14D of the 2006 Act. Section 14D is inserted by section 25(1) of the 2012 Act. See also section 1I of the 2006 Act. Section 1I is inserted by section 10 of the 2012 Act.

(2)

S.I. 2002/254; article 5 is amended by S.I. 2009/1182. This Order is renamed by section 213(4) and (6) of the 2012 Act.

(3)

The Health and Social Care Information Centre is established under section 252 of the 2012 Act.

(4)

Section 97 is amended by section 55(1) of, and paragraph 41(1) and (2) of Schedule 4 to, the 2012 Act.

(5)

Section 91 is amended by section 55(1) of, and paragraph 35(1) and (2) of Schedule 4 to, the 2012 Act.

(6)

Section 98A is inserted by section 49(1) of the 2012 Act. The Patient Choice Extension Scheme Directions signed on 11th February 2013 and published on the Department of Health website www.dh.gov.uk.

(7)

Section 7 of the Opticians Act 1989 (c.44) is amended by articles 2 and 7 of S.I. 2005/848. Section 214 of the 2012 Act provides for the Health Professions Council to continue to exist and to change its name to the Health and Care Professions Council.

(8)

The NHS Business Services Authority is established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG (Establishment and Constitution) Order 2005 S.I. 2005/2414.

(9)

S.I. 2009/3112.