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The National Health Service (General Medical Services Supplementary Lists) (Scotland) Regulations 2003

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Prescribing and dispensing

6.—(1) Subject to sub-paragraph (2), a practitioner shall supply any drugs, not being a scheduled drug, or appliances for the immediate treatment of a patient if such treatment is necessary before a supply can be obtained otherwise, and may supply any other drug, not being a scheduled drug, which the practitioner administers in person, or an appliance listed in the Drug Tariff or a pessary which is an appliance.

(2) A practitioner shall supply a restricted availability appliance only if it is for a patient in a category of person specified in the Drug Tariff.

(3) Where the principal is required by the Board to supply drugs and appliances under regulation 34 of the 1995 Regulations to a patient, in the course of treating that patient under these terms of service a practitioner–

(a)shall, subject to paragraph 7, record on a prescription form completed in accordance with paragraph 9(2), an order for supply of any drugs or appliances which are needed for the treatment of that patient, but shall not be required to issue that form to the patient;

(b)shall supply those drugs and appliances for that patient but–

(i)shall not supply for that patient any scheduled drug except that, where the practitioner has ordered a drug which has an appropriate non-proprietary name either by that name or by its formula, a drug may be supplied which has the same specification notwithstanding that it is a scheduled drug (but, in the case of a drug which combines more than one drug, only if the combination has an appropriate non-proprietary name);

(ii)shall supply for that patient a drug specified in Schedule 11 to the 1995 Regulations only where the conditions in paragraph 10 are satisfied;

(iii)shall supply for that patient a restricted availability appliance only if it is for a patient in a category of person or purpose specified in the Drug Tariff;

(c)may supply for that patient with his consent, in respect of that treatment but otherwise than in accordance with regulation 34 of the 1995 Regulations, any scheduled drug.

(4) A practitioner shall comply with any arrangements made by the Scottish Ministers, or made by the Board after consultation with the Area Medical Committee and the Area Pharmaceutical Committee and approved by the Scottish Ministers, under which the principal may obtain and have available any drugs or appliances which are required or entitled to be supplied in terms of this paragraph.

(5) A drug supplied by a practitioner unless administered in person shall be supplied in a suitable container.

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