The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2020

New paragraphs 28A to 28C

15.—(1) After paragraph 28 (clinical governance and the promotion of healthy living) insert—

“Premises requirements in respect of consultation rooms

28A.— (1) An NHS pharmacist must ensure that at pharmacy premises, other than distance selling premises, there is a consultation room which is—

(a) clearly designated as a room for confidential conversations;

(b) distinct from the general public areas of the pharmacy premises; and

(c) a room where both a person accessing pharmaceutical services and a person performing pharmaceutical services are able to be seated together and communicate confidentially.

(2) Where, in the opinion of the NHSCB, pharmacy premises other than distance selling premises included on a pharmaceutical list on the relevant day are too small for a consultation room—

(a) the NHS pharmacist in respect of those premises may, with the agreement of the NHSCB, comply with paragraph 28B instead of sub-paragraph (1); and

(b) for these purposes, references to distance selling premises in paragraph 28B are to be treated as a reference to the premises about which the NHSCB has formed the opinion that they are too small for a consulting room.

(3) An NHS pharmacist in respect of premises that were on a pharmaceutical list on the relevant day but no advanced services were provided at or from those premises during the year before the relevant day need not comply with sub-paragraphs (1) or (2) in respect of those premises before 1st April 2023.

(4) In this paragraph, “the relevant day” means the day of the coming into force of regulation 15(1) of the National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2020.

Consultations held from distance selling premises and some small pharmacy premises

28B.   An NHS pharmacist in respect of distance selling premises must ensure that there are arrangements in place at those premises which enable a person performing pharmaceutical services to communicate confidentially with a person accessing pharmaceutical services—

(a) by telephone or another live audio link; and

(b) via a live video link.”.

(2) After paragraph 28B insert—

“Distance selling premises requirements in respect of websites and health promotion zones

28C.   An NHS pharmacist (P) in respect of distance selling premises must ensure that P has a website for use by the public for the purpose of accessing pharmaceutical services from those premises, on which there is an interactive page, clearly promoted to any user of the website when they first access it, which provides public access to a reasonable range of up to date materials that promote healthy lifestyles by addressing a reasonable range of health issues.”.