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The National Health Service (Pharmaceutical Services) (Scotland) Amendment (No. 3) Regulations 2007

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1.  These Regulations may be cited as the National Health Service (Pharmaceutical Services) (Scotland) Amendment (No. 3) Regulations 2007 and come into force on 30th November 2007.

Amendment of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995

2.—(1) The National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995(1) are amended as follows.

(2) In regulation 2(1) (interpretation and application)–

(a)after the definition of “pharmacist contractor” insert–

“pharmacist independent prescriber” means a person–

(a)

who is registered in Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007(2) or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976(3); and

(b)

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

(b)in the definition of “prescriber” after “doctor,” insert “pharmacist independent prescriber,”.

3.  In regulation 9(2), (payments to pharmacists and standards of drugs and appliances) after “(c)” insert “or (i)”.

4.  After sub-paragraph (3A) in paragraph 3 of Schedule 1 insert–

(a)A pharmacist independent prescriber shall not supply any item ordered on a prescription form by that pharmacist independent prescriber unless the conditions specified in paragraph (b) are met.

(b)The conditions referred to in paragraph (a) are–

(i)the item has been ordered in accordance with the arrangements which a Health Board has made pursuant to Directions issued by the Scottish Ministers in respect of pharmacist independent prescribers; and

(ii)the pharmacist independent prescriber reasonably considers that either–

(a)exceptional circumstances exist whereby it is in the best interests of the patient to whom the item is to be supplied that the pharmacist independent prescriber who orders the item should supply it; or

(b)the patient to whom the item is to be supplied, or the patient’s representative, is otherwise unlikely to be able to obtain the item without suffering excessive inconvenience or delay.

(c)A pharmacist independent prescriber who supplies an item which he or she has ordered must endorse the prescription form for that item with the words “self-dispensed”..

SHONA ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

6th November 2007

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