The Health and Personal Social Services (Primary Medical Services) (Miscellaneous Amendments) Regulations (Northern Ireland) 2006

PART 2 AMENDMENT OF THE GMS CONTRACTS REGULATIONS

Amendment of regulation 2 of the GMS Contracts Regulations

2.  In regulation 2 (Interpretation) of the GMS Contracts Regulations—

(a) in the definition of “immediate family member”, after “spouse” insert “or civil partner”;

(b) in the definition of “independent nurse prescriber”, for sub-paragraph (c) substitute the following sub-paragraph—

“(c) against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a community practitioner nurse prescriber, a nurse independent prescriber or as a nurse independent/supplementary prescriber;”;

(c) in the definition of “prescriber”, after sub-paragraph (a) insert the following sub-paragraph—

“(aa) a pharmacist independent prescriber,”;

(d) insert the following definition at the appropriate place in the alphabetical order—

““pharmacist independent prescriber” means a person—

(a)

who is either engaged or employed by the contractor or is a party to the contract,

(b)

who is registered in the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976(1) or the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act(2), and

(c)

against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a pharmacist independent prescriber;”;

Amendment of regulation 5 of the GMS Contracts Regulations

3.  In regulation 5(2) (general conditions relating to all contracts) of the GMS Contract Regulations, in sub-paragraph (k), before “he has been”, insert “within the period of five years prior to signing the contract or commencement of the contract, whichever is the earlier,”;

Amendment of regulation 22 of the GMS Contracts Regulations

4.  In regulation 22 (finance) of the GMS Contract Regulations, in paragraph (1), for “the Board to make payments to the contractor”, substitute, “payments to be made”.

Amendment of Schedule 5 of the GMS Contracts Regulations

5.  In Schedule 5 (other contractual terms) to the GMS Contracts regulations—

(a) in paragraph 45(3) and (4) (terms relating to the provision of dispensing services), after “independent nurse prescriber” at each place where it occurs (three times), insert “or a pharmacist independent prescriber”;

(b) in paragraph 48(2) (qualifications of performers), after head (c), add the following head—

“(d) a medical practitioner who is undergoing a programme of post-registration supervised clinical practice approved by the Postgraduate Medical Education and Training Board, but only in so far as any medical services such a medical practitioner performs constitute part of that programme.”;

(c) in paragraph 54(1), after the word “contract”, insert “, other than a medical practitioner falling within paragraph 48(2)(d),”;

(d) in paragraph 60(1) and (2) (which relate to independent nurse prescribers and supplementary prescribers), after “independent nurse prescriber”, at each place where it occurs (seven times), insert “, a pharmacist independent prescriber”;

(e) in the heading for paragraph 60, after “independent nurse prescribers” insert “, pharmacist independent prescribers”; and

(f) in paragraph 116 (gifts), in sub-paragraph (2)(f), after “spouse”, insert “or civil partner”.

(1)

S.I. 1976/1213 (N.I. 22)

(2)

1954 c. 61