2.—(1) The National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995(1) shall be amended in accordance with this regulation.
(2) After paragraph 3(3) of Schedule 1 (terms of service for pharmacists) there shall be inserted the following:–
“(3A) (a) Subject to sub-paragraph (b) a pharmacist shall, before supplying a prescribed item to any person presenting a prescription form with a declaration claiming either charge exemption under regulation 7 of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1989(2) (“the 1989 Regulations”) or charge remission under the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988(3), request evidence of the patient’s entitlement to such exemption or remission.
(b)Sub-paragraph (a) shall not apply in respect of claims for exemption under regulation 7(1)(a) to (f) of the 1989 Regulations where the pharmacist has information in his possession at the time of supplying the item which confirms that the patient is entitled to the exemption claimed.
(c)Where the person presenting the prescription form does not show valid evidence of entitlement and the pharmacist, in respect of a claim for exemption made under regulation 7(1)(a) to (f) of the 1989 Regulations does not have evidence in his possession to confirm that the patient is entitled to make that claim, the pharmacist shall mark that patient’s prescription form accordingly before supplying the prescribed item.”.
S.I. 1995/414, to which there are amendments not relevant to these Regulations.