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The National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008

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Supply of drugs and appliances by chemists

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3.—(1) Except as provided for in paragraph (2), a chemist who provides pharmaceutical services to a patient shall make and recover from the patient–

(a)in respect of the supply of an item of elastic hosiery–

(i)where the patient presents a Scottish prescription form, or where the patient presents both an equivalent prescription form and a valid entitlement card, a charge of £5.00, that is to say a charge of £10.00 per pair; and

(ii)where the patient presents an equivalent prescription form without a valid entitlement card, the charge that is specified in regulation 3(1)(a) of the 2000 Regulations, as in force at 1st April 2008(1);

(b)in respect of the supply of each other appliance and each quantity of a drug–

(i)where the patient presents a Scottish prescription form, or where the patient presents both an equivalent prescription form and a valid entitlement card, a charge of £5.00; and

(ii)where the patient presents an equivalent prescription form without a valid entitlement card, the charge that is specified in regulation 3(1)(b) of the 2000 Regulations, as in force at 1st April 2008(2);

(2) A chemist who provides pharmaceutical services to a patient shall not make or recover any charge as specified in paragraph (1) where–

(a)a declaration of entitlement to exemption on a Scottish prescription form as defined in paragraph (a) of the definition of “Scottish prescription form”, on an equivalent prescription form, or on a supply form, or a declaration of entitlement in respect of pharmaceutical services ordered on an electronic prescription form, is duly completed and signed by or on behalf of the patient; or

(b)a declaration of entitlement to exemption is duly completed and signed in respect of an order for domiciliary oxygen issued by a prescriber in England or Wales for a patient normally resident in England or Wales.

(3) For the purposes of this regulation, where a quantity of a drug ordered on a single Scottish prescription form or a single equivalent prescription form is to be supplied by instalments during a period of not more than 14 days, only one charge shall be payable and it must be paid upon the supply of the first instalment.

(4) A chemist shall be under no obligation to provide pharmaceutical services in respect of an order on a Scottish prescription form or an equivalent prescription form, or in terms of the Patient Group Direction, unless the patient has paid the chemist any charge payable under paragraph (1), or one of the exceptions set out in paragraph (2) applies.

(5) A chemist who makes and recovers a charge under paragraph (1) shall, if required by the patient, give the patient a receipt for the amount paid, on a form provided for the purpose by the Health Board, which contains forms of declaration in support of an application for a refund.

(6) Any sum which a Health Board is under a duty to pay or cause to be paid to a chemist in respect of the provision by the chemist of pharmaceutical services, other than such provision in respect of which a declaration of entitlement to exemption has been made under paragraph (2)(a) or (b), shall be reduced by–

(a)where the patient presents a Scottish prescription form, the sum specified in paragraph (1)(b)(i) in respect of each quantity of a drug supplied and by the sum specified in paragraph (1)(a)(i) or, as the case may require, paragraph (1)(b)(i), in respect of each appliance as supplied as part of such services; and

(b)where the patient presents an equivalent prescription form, the sum referred to in paragraph (1)(b)(ii), in respect of each quantity of a drug supplied and by the sum referred to in paragraph (1)(a)(ii) or, as the case may require, paragraph (1)(b)(ii) in respect of each appliance as supplied as part of such services.

(1)

The charge specified in regulation 3(1)(a) of the 2000 Regulations, as at 1st April 2008, is £7.10, that is to say a charge of £14.20 per pair.

(2)

The charge specified in regulation 3(1)(b) of the 2000 Regulations, as at 1st April 2008, is £7.10.

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