The National Health Service (Amendments Relating to Serious Shortage Protocols) Regulations 2019

Amendment of Schedule 6 to the PLPS Regulations

6.—(1) Schedule 6 to the PLPS Regulations (terms of service of dispensing doctors) is amended as follows.

(2) After paragraph 3 (dispensing of drugs and appliances ordered by a dispensing doctor), insert the following paragraph—

“Supply in accordance with a SSP

3A.— (1) This sub-paragraph applies where, in relation to an order for a drug or an appliance on a prescription form or a repeatable prescription—

(a) a SSP has effect in respect of—

(i) the requested drug or appliance, or

(ii) drugs or appliances of a specified description, and the requested drug appliance is of that description.

(2) Where sub-paragraph (1) applies and D provides a different product or quantity of product to the product or quantity of product ordered on the prescription form or repeatable prescription, in accordance with the SSP—

(a) D must endorse the prescription or the associated batch issue accordingly (if the manner for making the endorsement is provided for in the Drug Tariff, in the manner provided for in the Drug Tariff); and

(b) the prescription or associated batch issue as thus endorsed is treated as being the prescription for product reimbursement purposes (even though the supply is not in pursuance of that prescription).

(3) Where D provides a drug or appliance under this paragraph, D must include in the dispensing label on the packaging of the product, for the patient’s benefit, information to the effect that the product is being supplied in accordance with a SSP, identifying the particular SSP.”.

(3) In paragraph 4 (preliminary matters before providing ordered drugs or appliances), after “in accordance with paragraph 3” insert “or 3A”.

(4) After paragraph 4A(1) (charge exemption and remission of charges: declarations and checks) insert—

“Checks and records in the case of supply in accordance with a SSP

4B.   In a case involving providing drugs or appliances in accordance with paragraph 3A, the references in paragraph 4 to a prescription form or repeatable prescription are to be construed as references to the prescription for product reimbursement purposes, as mentioned in paragraph 3A(2)(b).”.

(5) In paragraph 6 (refusal to provide drugs or appliances ordered), after sub-paragraph (3) insert—

“(4) D must refuse to provide a drug or appliance ordered on a prescription form or a repeatable prescription where—

(a) a SSP has effect in respect of—

(i) the requested drug or appliance; or

(ii) drugs or appliances of a specified description, and the requested drug or appliance is of that description; and

(b) alternative provision has already taken place in accordance with the SSP.”.

(1)

Inserted by S.I. 2018/1114.