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

Supply of drugs and appliances by doctors

4.—(1) Except as provided for in paragraph (2), a doctor who provides services corresponding to pharmaceutical services under the terms of a GMS contract which gives effect to paragraph 44 of Schedule 5 to the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004(1) or under the terms of a section 17C agreement which gives effect to paragraph 15 of Schedule 1 to the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004(2) shall make and recover from the patient–

(a) in respect of the supply of an item of elastic hosiery, a charge of £5.00, that is to say a charge of £10.00 per pair; and

(b) in respect of the supply of each other appliance and each quantity of a drug, a charge of £5.00.

(2) A doctor who provides services corresponding to pharmaceutical services as described in paragraph (1) shall not make or recover any charge as specified in paragraph (1) where the patient or a person on the patient’s behalf declares that the patient is entitled to exemption under regulation 7.

(3) For the purposes of this regulation, where a doctor supplies a quantity of a drug by instalments during a period of not more than 14 days, only one charge shall be payable and it shall be payable upon the supply of the first instalment.

(4) A doctor shall be under no obligation to supply drugs or appliances unless the patient has paid the doctor any charge payable under paragraph (1), or the exception set out in paragraph (2) applies.

(5) After the end of each month, a GMS contractor or section 17C provider shall send the total charges recovered by a doctor during the month to the Health Board with which the GMS contractor or section 17C provider has a GMS contract or section 17C agreement.

(6) A doctor 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.

(1)

S.S.I. 2004/115. Paragraph 44 of Schedule 5 was amended by S.S.I. 2007/206, 392 and 501.

(2)

S.S.I. 2004/116. Paragraph 15 of Schedule 1 was amended by S.S.I. 2007/205, 393 and 502.