The National Health Service (Pharmaceutical Services etc.), (Repeatable Prescriptions) (Amendment) (Wales) Regulations 2004

PART 1 AMENDMENT OF THE NATIONAL HEALTH SERVICE (CHARGES FOR DRUGS AND APPLIANCES) (WALES) REGULATIONS 2001

Amendment of regulation 2

7.  In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) after the definition of “appliance”, insert the following definition—

““batch issue” means a form provided by a Local Health Board and issued by a prescriber at the same time as a repeatable prescription to enable a chemist to receive payment for the provision of repeat dispensing services, which is in the format specified in Part I of Schedule 1 to the National Health Service (General Medical Services Contracts)(Wales) Regulations 2004(1), and which—

(a)

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

(b)

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

(c)

forms part of a sequence of batch issues, the number of batch issues being equal to the number of occasions on which the drugs or appliances ordered on the repeatable prescription may be provided; and

(d)

specifies a number denoting its place in the sequence referred to in paragraph (c);”,

(ii) after the definition of “pre-payment certificate”, insert the following definition—

““prescriber” means—

(a)

a doctor,

(b)

an independent nurse prescriber, and

(c)

a supplementary prescriber;”,

(iii) for the definition of “prescription form” substitute the following definition—

““prescription form” means, a form provided by a Local Health Board or an NHS Trust and issued by a doctor, dentist, supplementary prescriber or independent nurse prescriber to enable a person to obtain pharmaceutical services and—

(a)

includes a prescription form provided and issued under equivalent arrangements having effect in England, Scotland or Northern Ireland; and

(b)

does not include a repeatable prescription;”, and

(iv) after the definition of “prescription form” insert the following definitions—

““repeat dispensing services” means pharmaceutical services which involve the provision of drugs or appliances by a chemist in accordance with a repeatable prescription;

“repeatable prescription” means a prescription contained in a form provided by a Local Health Board and issued by a prescriber to enable a person to obtain pharmaceutical services, which is in the format specified in Part I of Schedule 1 to the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004, and which —

(a)

is generated by a computer but signed by a prescriber; and

(b)

indicates that the drugs or appliances ordered on that form may be provided more than once, and specifies the number of occasions on which they may be provided;”; and

(b) in paragraph (3), after “one prescription form” insert “, or on one repeatable prescription (but only where the supply is against one batch issue relating to that repeatable prescription)”.

Amendment of regulation 3

8.—(1) Regulation 3 (supply of drugs and appliances by chemists) is amended as follows.

(2) In paragraph (1), for “A chemist” substitute “Except as provided in paragraph (1A), a chemist”.

(3) After paragraph (1) insert—

“(1A) A chemist who provides repeat dispensing services to a patient must, subject to paragraph (3), make and recover from that patient in respect of each batch issue—

(a) in respect of an item of elastic hosiery a charge of £6.00, that is to say a charge of £12.00, per pair;

(b) in respect of the supply of each other appliance and of each quantity of a drug, a charge of £6.00.

(1B) Where a charge is paid under paragraph (1A), the person making the payment must on doing so sign a declaration in writing on the batch issue that the relevant charge has been paid.”.

(4) For paragraph (3) substitute—

“(3) No charges shall be made and recovered under paragraph (1) or (1A) where—

(a) there is an exemption under regulation 8 and a declaration of entitlement to exemption is duly completed by or on behalf of the patient—

(i) in cases falling within paragraph (1A), on the batch issue at the time that the drug or appliance is supplied,

(ii) in all other cases, on the prescription form;

(b) there is entitlement to remission of the charge under regulation 3 of the Travelling Expenses and Remission of Charges Regulations and a declaration of entitlement to remission is duly completed by or on behalf of the patient—

(i) in cases falling within paragraph (1A), on the batch issue at the time that the drug or appliance is supplied,

(ii) in all other cases, on the prescription form; or

(c) the patient is resident in a school or institution the name of which is inserted on the prescription form by a doctor in accordance with paragraph 44 of Schedule 6 to the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004.

(5) In paragraph (5)—

(a) after “prescription form” insert “or repeatable prescription”; and

(b) after “paragraph (1)” insert “or paragraph (1A)”.

(6) In paragraph (6)—

(a) after “paragraph (1)” insert “or paragraph (1A)”; and

(b) in the English text, omit “[dmb1/”.

(1)

S.I.2004/478 (W.48).