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The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2003

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2003 and shall come into force on 30th June 2003.

(2) In these Regulations, “the principal Regulations” means the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995(1).

Amendment of regulation 2(1) of the principal Regulations

2.—(1) Regulation 2(1) of the principal Regulations (interpretation and application) is amended as follows.

(2) Omit the definition of “nurse prescriber”(2).

(3) For the definition of “prescription form”(3) substitute–

“prescription form” means a form–

(a)

on which the provision of pharmaceutical services may be ordered by–

(i)

a Board;

(ii)

an NHS trust;

(iii)

a doctor or dentist pursuant to the provisions of their terms of service;

(iv)

a dentist performing personal dental services in accordance with a pilot scheme under Part I of the National Health Service (Primary Care) Act 1997(4);

(v)

a supplementary prescriber; or

(vi)

an independent nurse prescriber; and

(b)

which contains on its reverse side a form of declaration of entitlement to exemption;.

(4) Insert each of the following definitions at the appropriate alphabetical place:–

“independent nurse prescriber” means–

(a)

a person whose name is registered–

(i)

in Part 1 or 12 of the nurses' and midwives' professional register and has a district nurse qualification additionally recorded in the nurses' and midwives' professional register pursuant to rule 11 of the Nurses, Midwives and Health Visitors Rules 1983(5); or

(ii)

in Part 11 of the nurses' and midwives' professional register as a health visitor,

and against whose name is recorded in the nurses' and midwives' professional register an annotation signifying that the person is qualified to order drugs, medicines and appliances from the Nurse Prescribers' Formulary for Community Nurses and Health Visitors in Part 8B of the Drug Tariff; or

(b)

a person–

(i)

whose name is registered in Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the nurses' and midwives' professional register; and

(ii)

against whose name is recorded in the nurses' and midwives' professional register an annotation signifying that the person is qualified to order drugs, medicines and appliances from the Nurse Prescribers' Extended Formulary in Part 8C of the Drug Tariff;;

“nurses' and midwives' professional register” means the register maintained by the Nursing and Midwifery Council pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001(6);;

“supplementary prescriber” means a person whose name is registered in–

(a)

Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the nurses' and midwives' professional register;

(b)

the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954(7); or

(c)

the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976(8),

and against whose name is recorded in the relevant register an annotation signifying that the person is qualified to order drugs, medicines and appliances as a supplementary prescriber;.

(4) Omit paragraph (1A) (specified description of a nurse or health visitor mentioned in the definition of “nurse prescriber”).

Amendment to Schedule 1 to the principal Regulations

3.—(1) Schedule 1 to the principal Regulations (terms of service for pharmacists) is amended as follows.

(2) Omit paragraph 1(a) (definition of “prescription form”).

(3) In paragraph 3(1)(a), after “doctor” insert “, a supplementary prescriber or an independent nurse prescriber”.

(4) In paragraph 3(1)(b), after “doctor” insert “, a supplementary prescriber or an independent nurse prescriber”.

(5) In paragraph 3(4), for “or a nurse prescriber”(9) substitute “, a supplementary prescriber or an independent nurse prescriber”.

(6) In paragraph 3(6), for “or nurse prescriber” substitute “, a supplementary prescriber or an independent nurse prescriber”.

(7) In paragraph 3(7), for “or nurse prescriber” substitute “, a supplementary prescriber or an independent nurse prescriber”.

(8) In paragraph 3(11), for “or nurse prescriber” substitute “, supplementary prescriber or an independent nurse prescriber”.

Amendment to Schedule 4 to the principal Regulations

4.—(1) Part I of Schedule 4 to the principal Regulations (pharmacy practices committee) is amended as follows.

(2) In paragraph 6(2), after “paragraph 3(1)(b)(i)”, insert “or (c)”.

5.—(1) Part II of Schedule 4 to the principal Regulations (national appeal panel) is amended as follows.

(2) For paragraph 14(2) substitute–

(2) A member–

(a)appointed by virtue of paragraph 11(3)(c) and whose name is included in any pharmaceutical list or who is an employee of a person so listed;

(b)nominated by virtue of paragraph 11(3)(d); or

(c)who is the vice chairman, provided the person is not acting as chairman,

is entitled to vote..

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House Edinburgh

5th June 2003

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