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The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009

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Payments to pharmacy contractors and standards of drugs and appliances

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12.—(1) The Scottish Ministers shall after consultation with an organisation which is, in their opinion, representative of the general body of pharmacy contractors cause to be prepared a statement (in these Regulations referred to as “the Drug Tariff”) which they may after such consultation amend from time to time and which (subject to paragraph (2)) shall include–

(a)the prices on the basis of which the payment for specified drugs (being drugs commonly prescribed) and appliances is to be calculated;

(b)the method of calculating the payment for drugs not specified in the Drug Tariff;

(c)the dispensing fees or other sums payable in respect of the supply of drugs and appliances and of additional professional services;

(d)arrangements for claiming fees, allowances and remuneration in connection with the making and implementation of arrangements for the provision of pharmaceutical services;

(e)the standards of quality for drugs;

(f)the list of appliances approved by the Scottish Ministers for the purposes of section 27 of the Act, the specifications for such appliances and, in the case of a restricted availability appliance, the categories of persons for whom or the purposes for which the appliance is approved;

(g)the method by which a claim may be made for compensation for financial loss in respect of oxygen equipment;

(h)the list of chemical reagents approved by the Scottish Ministers for the purpose of section 27 of the Act and the specification for such chemical reagents; and

(i)the fees, allowances and remuneration payable for the provision of such directed services as may be specified.

(2) The Drug Tariff may state in respect of any specified fee falling within paragraph (1)(c) or (i), or any other specified fee, allowance or other remuneration in respect of the provision of pharmaceutical services by pharmacy contractors included in the pharmaceutical list of a Board, that the determining authority for that fee, allowance or other remuneration for those pharmacy contractors is the Board, and in such a case paragraphs (3), (4) and (5) shall apply(1).

(3) The Board shall consult such body as it considers representative of pharmacy contractors in its area before making any determination by virtue of paragraph (2).

(4) A determination made by the Board by virtue of paragraph (2) shall include the arrangements for claiming the specified fees, allowances or other remuneration and may provide that the pharmacy contractor requires to have prior authority from the Board to provide a specified service and associated drugs.

(5) A determination made by the Board by virtue of paragraph (2) shall be notified in writing to all pharmacy contractors included in its pharmaceutical list.

(1)

“The Drug Tariff is published monthly as a web-based version at http://www.isdscotland.org/isd/2245.html. An annual hard copy is published on 1st April each year. To be added to the mailing list for the hard copy distribution, email: evadis@isd.csa.scot.nhs.uk”.

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