The Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2005

Amendment of Schedule 2

13.—(1) Schedule 2 is amended as follows.

(2) In paragraph 1 (incorporation of provisions) –

(a) the provisions of paragraph 1 are re-numbered as sub-paragraph (1); and

(b) after sub-paragraph (1) add –

“(2) In this Schedule –

“associated batch issue” means, in relation to a repeatable prescription, one of the batch issues relating to that prescription and containing the same date as that prescription; and

“batch issue” means a form provided by the Agency and issued by the repeatable prescriber at the same time as a repeatable prescription to enable a chemist to receive payment for the provision of repeat dispensing services, and which –

(a)

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

(b)

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

(c)

is issued as one of a sequence of forms , the number of which is equal to the number of occasions on which the drugs and 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); and”.

(3) In this Schedule, drugs or appliances shall be taken to be requested or provided in accordance with a repeatable prescription even if the person who wishes to obtain pharmaceutical services does not present that prescription, as long as –

(a) the chemist has that prescription in his possession; and

(b) that person presents, or the chemist has in his possession, an associated batch issue.

(3) In paragraph 2 (provision of pharmaceutical services) –

(a) for sub-paragraph (1) substitute –

“(1) Where any person presents on a prescription form –

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

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

(c) an order for a restricted availability appliance, signed by and endorsed on its face with the reference “SLS” by a prescriber; or

(d) an order for listed drugs signed by a dentist or his deputy or assistant,

a chemist shall, with reasonable promptness, provide the drugs so ordered, and such of the appliances so ordered as he supplies in the normal course of his business.”;

(b) after sub-paragraph (1) insert –

“(1A) Subject to sub-paragraph (2A) and paragraph 2A(4), (7), (8) and (9), where any person –

(a) presents a repeatable prescription which contains –

(i) an order for drugs, not being Scheduled drugs or controlled drugs within the meaning of the Misuse of Drugs Act 1971(1), other than a drug which is for the time being specified in Schedule 4 or 5 to the Misuse of Drugs Regulations (Northern Ireland) 2002(2), signed by a repeatable prescriber,

(ii) an order for a drug specified in Schedule 2 to the Prescription of Drugs Regulations, not being a controlled drug within the meaning of the Misuse of Drugs Act 1971, other than a drug which is for the time being specified in Schedule 4 or 5 to the Misuse of Drugs Regulations (Northern Ireland) 2002, signed by and endorsed on its face with the reference “SLS” by a repeatable prescriber,

(iii) an order for appliances, not being restricted availability appliances, signed by a repeatable prescriber, or

(iv) an order for a restricted availability appliance, signed by, and endorsed on its face with the reference “SLS” by, a repeatable prescriber,

and also presents an associated batch issue; or

(b) requests the provision of drugs and appliances in accordance with a repeatable prescription of a kind specified in paragraph (a),

a repeat dispensing chemist shall, with reasonable promptness, provide the drugs so ordered, and such of the appliances so ordered as he supplies in the normal course of his business, in accordance with the directions contained in that repeatable prescription.”;

(c) in sub-paragraph (2), after “prescription form” insert “or repeatable prescription, or requesting the provision of drugs or appliances in accordance with a repeatable prescription,”;

(d) in sub-paragraph (2A) –

(i) after “prescription form” insert “or repeatable prescription”, and

(ii) after “paragraph 2(1)” insert “or paragraph 2(1A)”;

(e) for sub-paragraph (2B) substitute –

“(2B) Before providing any drugs or appliances in accordance with a prescription form or a repeatable prescription –

(a) the chemist shall ask any person who makes a declaration that the person named on the prescription form or the repeatable prescription does not have to pay the charges specified in regulation 3(1) or (1A) of the Charges for Drugs and Appliances Regulations by virtue of either –

(i) entitlement to exemption under regulation 7(1) of the Charges for Drugs and Appliances Regulations, or

(ii) entitlement to remission of such charges under regulation 3 of the Remission of Charges Regulation,

to produce satisfactory evidence of such entitlement, unless the declaration is in respect of entitlement to exemption by virtue of sub-paragraph (a), (c), (d), (e), (f) or (g) of regulation 7(1) of the Charges for Drugs and Appliances Regulations or in respect of entitlement to remission by virtue of regulation 5(1)(e) or (2) of the Remission of Charges Regulations, and at the time of the declaration the chemist already has such evidence available to him; and

(b) if no satisfactory evidence is produced to the chemist (and, where it is relevant, none is already available to him as mentioned in paragraph (a)) the chemist shall endorse the form on which the declaration is made to that effect.”;

(f) in sub-paragraph (6) for “prescription form signed as specified in sub-paragraph (1)” substitute “prescription form or a repeatable prescription, signed as specified in sub-paragraph (1) or (1A)”;

(g) in sub-paragraph (7) –

(i) for “Misuse of Drugs Regulations (Northern Ireland) 1986” substitute “Misuse of Drugs Regulations (Northern Ireland) 2002”;

(ii) for the words “a doctor, a dentist, a supplementary prescriber or an independent nurse prescriber” substitute “a prescriber or a dentist”; and

(iii) after “prescription form” insert “or repeatable prescription”;

(h) in sub-paragraph (9) –

(i) for “Misuse of Drugs Regulations (Northern Ireland) 1986” substitute “Misuse of Drugs Regulations (Northern Ireland) 2002”;

(ii) for the words “a doctor, dentist, supplementary prescriber or independent nurse prescriber” substitute “a prescriber or dentist”; and

(iii) after “prescription form” insert “or repeatable prescription”;

(i) in sub-paragraph 10, for the words “the doctor, dentist, supplementary prescriber or independent nurse prescriber” substitute “the prescriber or dentist”.

(j) in sub-paragraph (12) –

(i) for the words “a doctor, supplementary prescriber or independent nurse prescriber” substitute “prescriber”; and

(ii) after “prescription form” insert “repeatable prescription”.

(k) in sub-paragraph (13), after “prescription form” insert “or repeatable prescription”;

(l) in sub-paragraph (14), after “prescription form” insert “or repeatable prescription”;

(m) in sub-paragraph (19), after “prescription form” insert “or repeatable prescription”;

(n) after sub-paragraph (19) add –

“(20) If a person presents a repeatable prescription to a chemist who is not a repeat dispensing chemist, that chemist shall provide that person with the names and addresses of at least two pharmacies where he may obtain repeat dispensing services.

(21) If a person wishes to obtain repeat dispensing services from a chemist (chemist A), but his repeatable prescription is held by a different chemist (chemist B), chemist A shall inform the person that he must return to chemist B to obtain repeat dispensing services.

(22) A chemist shall secure that any pharmacist employed by him in connection with the provision of pharmaceutical services complies with the requirements set out in this paragraph.”.

(4) After paragraph 2 (provision of pharmaceutical services), insert –

“Provision of repeat dispensing services

2A.— (1) A repeat dispensing chemist who is a pharmacist may personally dispense drugs or appliances in accordance with a repeatable prescription only if he has received training appropriate to the provision of repeat dispensing services.

(2) A repeat dispensing chemist shall store securely at the premises from which he provides pharmaceutical services –

(a) repeatable prescriptions;

(b) batch issues relating to drugs and appliances which have been provided; and

(c) if requested to do so, batch issues relating to drugs or appliances which have not yet been provided,

until such time as he is required, in accordance with the Drug Tariff, to send the repeatable prescription or batch issue to the Agency.

(3) A repeat dispensing chemist shall not provide any drugs or appliances in accordance with a repeatable prescription –

(a) after the period of one year has elapsed since and including the date of the repeatable prescription; or

(b) where the prescriber who issued the repeatable prescription has marked on it an earlier expiry date, after that date.

(4) A repeat dispensing chemist shall destroy any batch issues relating to drugs and appliances which –

(a) are not required; or

(b) should not be provided because –

(i) the chemist has been notified to that effect by the prescriber who issued those batch issues, or

(ii) the repeatable prescription to which those batch issues relate has expired.

(5) Before providing any drugs or appliances in accordance with a repeatable prescription, a repeat dispensing chemist shall refer to that prescription and shall make inquiries in order to satisfy himself –

(a) that the person named on the repeatable prescription –

(i) is taking or using, and is likely to continue to take or use, the drugs or appliances appropriately, and

(ii) is not suffering any side effects which lead the repeat dispensing chemist to conclude that the repeatable prescription ought to be reviewed; and

(b) that there are no other reasons why the drugs or appliances should not be provided.

(6) If a repeat dispensing chemist is not satisfied as mentioned in sub-paragraph (5), or at any other time has reason to be concerned about the safety or appropriateness of a person receiving drugs or appliances ordered on a repeatable prescription –

(a) he shall, if he considers it appropriate, do one or both of the following –

(i) inform the person that he should make an appointment to see his prescriber, and

(ii) contact the prescriber who issued the prescription as soon as is practicable; and

(b) he may refuse to provide the drugs or appliances so ordered until he is so satisfied, and if he has refused to provide the drugs or appliances, he shall inform the prescriber who issued that prescription of that fact as soon as is practicable.

(7) A repeat dispensing chemist shall provide drugs or appliances in accordance with a repeatable prescription only at the intervals specified in that prescription; and if the repeatable prescription does not specify intervals, the repeat dispensing chemist shall use his professional expertise to determine the intervals at which the drugs or appliances should be provided.

(8) Where a person –

(a) requests the provision of drugs or appliances in accordance with a repeatable prescription which he believes to be held by a repeat dispensing chemist, but that chemist has no record of that prescription;

(b) requests the provision of drugs or appliances in accordance with a repeatable prescription, but does not present (and the chemist does not have in his possession) any associated batch issues;

(c) presents a repeatable prescription which is not signed by a repeatable prescriber; or

(d) requests the provision of drugs or appliances in accordance with a batch issue which contains an irregularity (for example the drug or dosage specified in the batch issue differs from that specified in the repeatable prescription to which that batch issue relates),

the repeat dispensing chemist shall refuse to provide the drugs or appliances in question, and shall advise the person to contact the prescriber who issued the prescription or batch issue as soon as possible.

(9) A repeat dispensing chemist shall secure that any pharmacist employed by him in connection with the provision of repeat dispensing services complies with the requirements of this paragraph.”.

(6) In paragraph (5) (supply of drugs and fitting of appliances) in sub-paragraph (3) –

(a) after “paragraph 2(1)” insert “or paragraph 2(1A)”; and

(b) after “prescription” insert “or repeatable prescription”.

(7) In paragraph 7 (charges for drugs) for sub-paragraph (2), substitute –

“(2) Where a chemist supplies a container in response to an order for drugs signed by a prescriber, or supplies an oxygen container or oxygen equipment, other than equipment specified in the Drug Tariff as not returnable to the chemist, the container and equipment shall remain the property of the chemist.”.

(8) In paragraph 9 (remuneration of chemists), after sub-paragraph (2) insert –

“(2A) The Board shall make such payments, if any, as are provided for by the Drug Tariff (or by any determination made by virtue of regulation 9(2)) to chemists who provide repeat dispensing services.”.

(9) For paragraph 13 substitute –

“13.   Subject to paragraph 14(2), where a doctor is authorised or required by a Board under regulation 12 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)(2) of Schedule 5 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 40(2) of Schedule 5 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.”.

(10) For paragraph 14(2) 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 12 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.”.

(11) In paragraph 14A, in sub-paragraph (a) –

(a) for “regulation 3(1) of the Charges Regulations” substitute “regulation 4(1) of the Charges for Drugs and Appliances Regulations”; and

(b) for “sub-paragraph (d), (e) and (f) of regulation 7(1) of the Charges Regulations”, substitute “sub-paragraph (a), (c), (d), (e), (f) or (g) of regulation 7(1) of the Charges for Drugs and Appliances Regulations or in respect of entitlement to remission by virtue of regulation 5(1)(e) or (2) of the Remission of Charges Regulations”.

(12) For paragraph 16 substitute –

“16.— (1) The terms of a GMS contract giving effect to regulation 24 of, and Schedule 4 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 Board under regulation 12 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 that drug or appliance by virtue of directions given by the Department under Article 57C of the Order(3),

the Board shall credit him with the payment.”.

(13) For paragraph 17 substitute –

“17.— (1) Where a doctor who is authorised or required by a Board under regulation 12 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 give effect to paragraph 84 of Schedule 5 to the GMS 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 89 of Schedule 5 to the GMS Regulations also applies in relation to complaints about such matters.”.

(14) Paragraph 18 is omitted.

(1)

1971 c. 38

(2)

S.R. 2002 No. 1

(3)

Article 57C was inserted by S.I. 2004/311 (N.I. 2)