The National Health Service (Pharmaceutical Services) (Amendment) (Wales) Regulations 2005

Substitution of Part III of Schedule 2 to the principal Regulations

9.  For Part III of Schedule 2 to the principal Regulations (Terms of Service for Doctors who Provide Pharmaceutical Services) substitute the following—

“PART 6 TERMS OF SERVICE FOR DOCTORS WHO PROVIDE PHARMACEUTICAL SERVICES

Dispensing of drugs and appliances ordered by independent prescribers

34.— (1) Subject to the following provisions of this Part, where a patient presents on a prescription form—

(a) an order for drugs, not being Scheduled drugs, or for appliances, not being restricted availability appliances, signed by an independent prescriber;

(b) an order for drugs specified in Schedule 2 to the Prescription of Drugs Regulations, signed by, and endorsed on its face with the reference “SLS” by an independent prescriber; or

(c) an order for restricted availability appliances, signed by and endorsed on its face with the reference “SLS” by an independent prescriber,

to a doctor who is authorised or required by regulation 20 to provide the drugs or appliances to that patient, the doctor may provide to the patient such of the drugs or appliances so ordered as he supplies in the normal course of his practice.

(2) Drugs and listed appliances provided under this paragraph shall be provided in a suitable container.

(3) In this Part “independent prescriber” means a prescriber other than the doctor who is authorised or required by a Local Health Board to provide drugs or appliances in accordance with regulation 20.

Dispensing of drugs and appliances in other cases

35.   In circumstances where paragraph 34 does not apply and subject to the following provisions of this Part, where a doctor is authorised or required by a Local Health Board under regulation 20 to provide drugs of appliances to a patient—

(a) he shall record an order for the provision of any drugs, or appliances which are needed for the treatment of the patient on a prescription form completed in accordance with the term of a contract which gives effect to paragraph 39(3) of Schedule 6 to the GMS Regulations or an equivalent provision applying in relation to that contract;

(b) he shall provide those drugs and appliances in a suitable container;

(c) he shall provide for the patient a drug specified in Schedule 2 to the Prescription of Drugs Regulations only where the conditions in paragraph 42(2) of Schedule 6 to the GMS Regulations are satisfied;

(d) he shall 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.

Preliminary matters before providing ordered drugs or appliances

36.   Before providing the drugs or listed appliances recorded on a prescription form in accordance with paragraph 34(1), or the drugs or medicines or listed appliances ordered on a prescription form in accordance with paragraph 35(a), a doctor who is authorised or required by the Local Health Board under regulation 20 to provide drugs and appliances to a patient shall—

(a) ask any person who makes a declaration on the prescription form that the patient does not have to pay the charges specified in regulation 4(1) of the Charges Regulations by virtue of either—

(i) entitlement to exemption under regulation 8(1) of the Charges Regulations, or

(ii) entitlement to remission of such charges under regulation 4 of the Remission of Charges Regulations,

to produce satisfactory evidence of such entitlement unless the declaration in respect of entitlement to exemption by virtue of regulation 8(1) of the Charges Regulations or in respect of entitlement to remission by virtue of regulation 4(2)(e) to (k) of the Remission of Charges Regulations, and at the time of the declaration the doctor already has such evidence available to him; and

(b) if no satisfactory evidence, as required by sub-paragraph (a) is produced to him (and, where it is relevant, none is already available), the doctor shall endorse the form on which the declaration is made to that effect.

Provision of Scheduled drugs

37.— (1) Subject to sub-paragraph (2), a doctor who is authorised or required by a Local Health Board under regulation 20 to provide drugs or appliances to a patient shall not provide for a patient any Scheduled drug, except that, where he has ordered a drug which has an appropriate non-proprietary name either by the name or by its formula, he may provide a drug which has the same specification notwithstanding that it is Scheduled drug (but, in the case of a drug which combines more than one drug, only if the combination has an appropriate non-proprietary name).

(2) Nothing in this paragraph or paragraph 36 shall prevent a doctor providing, otherwise than under pharmaceutical services, a Scheduled drug or a restricted availability appliance for a patient.

Fees and charges

38.— (1) The terms of a GMS contract giving effect to regulation 24 of, and Schedule 5 to the GMS Regulations (fees and charges) apply in respect of the provision of any drugs or appliances by a doctor as they apply in respect of prescriptions for drugs and appliances.

(2) Where a doctor who is authorised or required by a Local Health Board under regulation 20 to provide drugs or appliances under pharmaceutical services—

(a) in accordance with this Part; and

(b) had the drug or appliance been provided by a contractor providing dispensing services under a GMS contract, the contractor would have been entitled to a payment in respect of the drug or appliance by virtue of directions given by the National Assembly for Wales under section 28T of the Act,

the Local Health Board shall credit him with the payment.

Complaints procedures

39.— (1) Where a doctor who is authorised or required by a Local Health Board under regulation 20 to provide drugs or appliances to a patient, or who otherwise provides pharmaceutical services, is a GMS contractor, or is engaged or employed by a GMS contractor, the complaints procedure established in accordance with the terms of a GMS contract which gives effect to paragraph 90 of Schedule 6 to the GMS Regulations shall apply in relation to any matter reasonably connected with his provision of pharmaceutical services as it applies as respect to services provided under that contract or agreement.

(2) Accordingly, the term of the GMS contract which gives effect to paragraph 95 of Schedule 6 to the GMS Regulations also applies in relation to complaints about such matters.”.