The National Health Service (Pharmaceutical Services) (Amendment) Regulations 2004

Amendment of Part III (terms of service for doctors who provide pharmaceutical services) of Schedule 2

21.  In Part III of Schedule 2—

(a) for paragraph 11 substitute—

“(11) Subject to paragraph 11A, where a doctor is authorised or required by a Primary Care Trust under regulation 20 to provide drugs or 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 or 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; and

(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.”;

(b) for paragraph 11A(2)(1) substitute—

“(2) Where a patient presents an order on a prescription form for drugs or listed appliances signed by a prescriber, or an order for a restricted availability appliance signed by and endorsed on its face with the reference “SLS” by a prescriber, to a doctor who is authorised or required by regulation 20 to provide 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.”;

(c) in paragraph 11B(2)—

(i) in sub-paragraph (a)(ii), for “regulation 3 of the Remission of Charges Regulations”, substitute “regulation 5 of the Remission of Charges Regulations”; and

(ii) in the words following sub-paragraph (a)(ii), for “regulation 4(2)(e), (f) or (q) of the Remission of Charges Regulations”, substitute “regulation 5(1)(e) or (2) of the Remission of Charges Regulations”;

(d) for paragraphs 13 and 14 substitute—

“13.— (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 Primary Care Trust under regulation 20 to provide drugs or appliances provides a drug or appliance 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 Secretary of State under section 28T(3) of the Act,

the Primary Care Trust shall credit him with the payment.

14.— (1) Where a doctor who is authorised or required by a Primary Care Trust under regulation 20 to provide drugs or appliances to a patient, or who otherwise provides pharmaceutical services—

(a) 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 give effect to paragraph 92 of Schedule 6 to the GMS Regulations, or

(b) is a PMS contractor, or is engaged or employed by a PMS contractor, the complaints procedure established in accordance with the terms of a PMS agreement which give effect to paragraph 86 of Schedule 5 to the PMS Regulations,

shall apply in relation to any matter reasonably connected with his provision of pharmaceutical services as it applies as respects to services provided under that contract or agreement.

(2) Accordingly, the term of the GMS contract which gives effect to paragraph 97 of Schedule 6 to the GMS Regulations or the equivalent provision in the PMS Regulations also applies in relation to complaints about such matters.”; and

(e) paragraph 15 is omitted.

(1)

Paragraph 11A of Schedule 2 was inserted by S.I. 1994/2002 and sub-paragraph (2) was amended by S.I. 2002/551

(2)

Paragraph 11B of Schedule 2 was inserted by S.I. 1999/696

(3)

Section 28T was inserted by section 175(1) of the 2003 Act Back [3]