2015 No. 915
The National Health Service (Amendments to Primary Care Terms of Service relating to the Electronic Prescription Service) Regulations 2015
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 85, 89(1) and (2)(a), (c) and (d), 94(1) and (3)(f), 126, 129, 132, and 272(7) and (8) of, and paragraph 3(1) and (3)(c) and (f) of Schedule 12 to, the National Health Service Act 20061.
Citation and commencement1
These Regulations may be cited as the National Health Service (Amendments to Primary Care Terms of Service relating to the Electronic Prescription Service) Regulations 2015 and come into force on 1st July 2015.
Amendment of Schedule 6 to the National Health Service (General Medical Services Contracts) Regulations 20042
1
Schedule 6 to the National Health Service (General Medical Services Contracts) Regulations 20042 (other contractual terms) is amended as follows.
2
In paragraph 39 (which relates to prescribing)—
a
in sub-paragraph (4)(a), omit “non-electronic”; and
b
in sub-paragraph (5), omit “non-electronic”.
3
In paragraph 39A (electronic prescriptions), in sub-paragraph (1)(c)—
a
in sub-paragraph (i), for “Schedule 4 or 5” substitute “Schedules 2 to 5”, and at the end of that sub-paragraph insert “or”; and
b
omit sub-paragraph (ii).
4
In paragraph 42 (restrictions on prescribing by medical practitioners), after sub-paragraph (2) insert the following sub-paragraph—
2A
Where, pursuant to sub-paragraph (1) or (2), a drug, medicine or other substance is prescribed under a private arrangement, if the order is to be transmitted as an electronic communication to a chemist for the drug, medicine or substance to be dispensed—
a
if the order is not for a drug for the time being specified in Schedule 2 or 3 to the Misuse of Drugs Regulations 20013, it may be transmitted by the Electronic Prescription Service; but
b
if the order is for a drug for the time being specified in Schedule 2 or 3 to the Misuse of Drugs Regulations 2001, it must be transmitted by the Electronic Prescription Service.
Amendment of Schedule 5 to the National Health Service (Personal Medical Services Agreements) Regulations 20043
1
Schedule 5 to the National Health Service (Personal Medical Services Agreements) Regulations 20044 (other contractual terms) is amended as follows.
2
In paragraph 38 (which relates to prescribing)—
a
in sub-paragraph (4)(a), omit “non-electronic”; and
b
in sub-paragraph (5), omit “non-electronic”.
3
In paragraph 38A (electronic prescriptions), in sub-paragraph (1)(c)—
a
in sub-paragraph (i), for “Schedule 4 or 5” substitute “Schedules 2 to 5”, and at the end of that sub-paragraph insert “or”; and
b
omit sub-paragraph (ii).
4
In paragraph 41 (restrictions on prescribing by medical practitioners), after sub-paragraph (2) insert the following sub-paragraph—
2A
Where, pursuant to sub-paragraph (1) or (2), a drug, medicine or other substance is prescribed under a private arrangement, if the order is to be transmitted as an electronic communication to a chemist for the drug, medicine or substance to be dispensed—
a
if the order is not for a drug for the time being specified in Schedule 2 or 3 to the Misuse of Drugs Regulations 20015, it may be transmitted by the Electronic Prescription Service; but
b
if the order is for a drug for the time being specified in Schedule 2 or 3 to the Misuse of Drugs Regulations 2001, it must be transmitted by the Electronic Prescription Service.
Amendment of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 20134
1
The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 20136 are amended as follows.
2
In paragraph 5 of Schedule 4 (terms of service of NHS pharmacists – essential services – dispensing of drugs and appliances), in sub-paragraph (4), for “Schedule 4 or 5” substitute “Schedules 2 to 5”.
3
In paragraph 2 of Schedule 6 (terms of service of dispensing doctors – dispensing of drugs and appliances ordered by another prescriber), in sub-paragraph (4), for “Schedule 4 or 5” substitute “Schedules 2 to 5”.
4
In paragraph 3 of Schedule 7 (mandatory terms for LPS schemes – dispensing), in sub-paragraph (3), for “Schedule 4 or 5” substitute “Schedules 2 to 5”.
Signed by authority of the Secretary of State for Health.
(This note is not part of the Regulations)