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

Amendment of regulation 12

8.  For regulation 12 (arrangements for provision of pharmaceutical services by doctors) substitute –

“12.— (1) Where a patient satisfies a Board that he would have serious difficulty in obtaining any necessary drugs or appliances from a pharmacy by reason of distance or inadequacy of means of communication he may at any time request in writing that a doctor who falls within paragraph (2) provide him with pharmaceutical services.

(2) A doctor falls within this paragraph if he is –

(a) the GMS contractor, or

(b) engaged or employed by the GMS contractor on whose patient list the patient making the request is included.

(3) If a doctor so requested by a patient under paragraph (1) –

(a) applies to provide pharmaceutical services to the patient, and sends with his application the patient’s request in writing, the Board shall make arrangements with him for the provision of such services by him; or

(b) does not so apply within 30 days, the Board may, subject to paragraph (6), require him to undertake such provision and shall give him notice in writing to that effect.

(4) An arrangement made by a Board under paragraph (3)(a) shall –

(a) have effect from the date of the patient’s request in writing; and

(b) enable that doctor, any other doctor in his practice or any doctor who subsequently joined his practice to provide pharmaceutical services for the patient so long as the arrangement remains in effect.

(5) A Board shall not under paragraph (3)(b) require a doctor to provide pharmaceutical services to a person on the relevant patient list for that doctor if that doctor satisfies the Board, or on appeal, the Department that he does not normally provide pharmaceutical services under this regulation.

(6) A Board shall give a doctor reasonable notice –

(a) that it requires him to provide pharmaceutical services to any person; or

(b) subject to paragraph (7), that, where a person no longer satisfies the provisions of paragraph (1), the doctor shall discontinue the provision of pharmaceutical services to that person.

(7) A notice under paragraph (6)(b) shall not be given pending any appeal against the decision by a Board to postpone the making or termination of such arrangements.

(8) Notwithstanding paragraph (3), where a drug or appliance is one for which a doctor is entitled to an additional payment if he provides it, he may, with the consent of the patient, instead of providing it himself, order it by issuing a prescription to the patient in accordance with paragraph 39 of Schedule 5 to the GMS Regulations.

(9) Where under any provision of regulations revoked by, and not re-enacted in, these regulations an arrangement or requirement for a doctor to provide drugs or appliances to a patient was in effect immediately before these regulations came into operation, that arrangement or requirement shall have effect as though made under this regulation.

(10) A doctor who provides pharmaceutical services to some or all of the patients on the relevant patients list in accordance with this regulation may provide any necessary pharmaceutical services to a person whom the relevant GMS contractor has accepted as a temporary resident under paragraph 16 of Schedule 5 to the GMS Regulations.

(11) An appeal under paragraph (5) shall be made in writing within 30 days from and including the date on which notice of the decision was sent to the doctor and shall contain a concise statement of the grounds of appeal.

(12) The Department shall, on receipt of any notice of appeal under this regulation, send a copy of that notice to the Board and the relevant GMS contractor, and the Board and relevant GMS contractor may, within 30 days from and including the date on which the Department sent a copy of the notice of appeal, make representations in writing to it.

(13) The Department may determine an appeal pursuant to paragraph (5) in such manner as it thinks fit.

(14) The Department shall, upon determination by it of an appeal under this regulation, give notice of it’s decision in writing, together with the reasons for it, to the appellant, to the Board and to the relevant GMS contractor.”.