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

Pharmaceutical services

3.—(1) The arrangements for the provision of pharmaceutical services shall include arrangements for–

(a) the supply of contraceptive substances and appliances;

(b) subject to paragraph (6) the provision of hypodermic needle exchange services.

(2) The arrangements referred to in paragraph (1) shall incorporate the terms of service for pharmacists and pharmacy contractors set out in Schedule 1 to these Regulations.

(3) In these Regulations “hypodermic needle exchange services” means–

(a) the supply, free of charge, by a pharmacy contractor to a person reasonably believed by that pharmacy contractor (if a pharmacist), or a pharmacist employed by that pharmacy contractor, to be a drug misuser, of–

(i) hypodermic needles and syringes;

(ii) equipment for the safe disposal of such needles and syringes; and

(iii) other equipment associated with self-injection.

(b) the receipt by a pharmacy contractor from such a person and the subsequent safe disposal, both free of charge, of any used hypodermic needle or syringe;

(c) the provision of counselling to such a person by a pharmacist.

(4) In paragraph (3) “drug misuser” means a person who is misusing drugs by self-injection.

(5) A pharmacy contractor may at any time give notice in writing to the Board that such pharmacy contractor wishes to be–

(a) included in or excluded from any arrangements for the supply of contraceptive services and appliances; or

(b) included in any arrangements for the provision of hypodermic needle exchange services.

(6) A Board shall agree to a pharmacy contractor providing hypodermic needle exchange services only–

(a) after consulting its most senior pharmaceutical and medical advisers and the Director of Public Health; and

(b) if it is satisfied that such services are necessary or desirable in the area of the premises specified in the application.

(7) A pharmacy contractor participating in arrangements for the provision of hypodermic needle exchange services shall maintain records in relation to those services which shall include–

(a) the number of hypodermic needles and syringes issued by such pharmacy contractor;

(b) an estimate of the number of used hypodermic needles and syringes received by such pharmacy contractor for disposal; and

(c) the number of persons to whom such pharmacy contractor has supplied hypodermic needles and syringes.

(8) A pharmacy contractor may at any time give notice in writing to the Board that such pharmacy contractor wishes to cease to be included in arrangements for the provision of hypodermic needle exchange services either immediately or at such time as may be specified in the notice.

(9) The Board may at any time, by giving notice in writing to a pharmacy contractor, terminate such pharmacy contractor’s involvement in arrangements for the provision of hypodermic needle exchange services either immediately or with effect from such date as may be specified in the notice.