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The National Health Service (Pharmaceutical Services) (Amendment) Regulations 2004

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Amendment of regulation 20

13.  For regulation 20 (arrangements for provision of pharmaceutical services by doctors) substitute—

20.(1) Where a patient—

(a)satisfies a Primary Care Trust that he would have serious difficulty in obtaining any necessary drugs or appliances from a pharmacy by reason of distance or inadequacy of means of communication; or

(b)is resident in a controlled locality, at a distance of more than 1.6 kilometres from any pharmacy, and one of the conditions specified in paragraph (3) is satisfied in his case,

he may at any time request in writing a doctor who falls within paragraph (2) to provide him with pharmaceutical services.

(2) A doctor falls within this paragraph if he is—

(a)the GMS contractor or PMS contractor, or

(b)engaged or employed by the GMS contractor or PMS contractor

on whose patient list the patient making the request is included.

(3) The conditions referred to in paragraph (1)(b) are—

(a)that—

(i)there is in effect an outline consent granted to that doctor or to another doctor who is a party to the GMS contract or PMS agreement concerned, or is engaged or employed by the GMS contractor or PMS contractor concerned in respect of the area in which the patient resides; and

(ii)any conditions imposed under regulation 12(15) or regulation 13(13)(b) in connection with that grant are such as to permit arrangements to be made under this regulation for the provision of pharmaceutical services by that doctor to the patient; or

(b)immediately before these Regulations came into force arrangements or requirements were in effect under regulations revoked by these Regulations for that doctor or his partner or any previous doctor in his practice to provide drugs or appliances to patients, and the patient—

(i)has not previously been included in a patient list,

(ii)has changed his address from that last notified to the Primary Care Trust, or

(iii)has not changed his address but, immediately before his acceptance as a patient by that doctor, was being provided with pharmaceutical services by a doctor pursuant to an arrangement or requirement under these Regulations.

(4) If a doctor so requested by a patient under paragraph (1)—

(a)applies to provide pharmaceutical services to the patient, and sends with his application the patient’s request in writing, the Primary Care Trust shall make arrangements with him for the provision of such services by him; or

(b)does not so apply within 30 days, the Primary Care Trust may, subject to paragraph (6), require him to undertake such provision and shall give him notice in writing to that effect.

(5) An arrangement made by a Primary Care Trust under paragraph (4)(a) shall—

(a)have effect from the date of the patient’s request in writing; and

(b)enable that doctor, any other doctor in his practice or any doctor who subsequently joins his practice to provide pharmaceutical services for the patient so long as the arrangement remains in effect.

(6) A Primary Care Trust shall not under paragraph (4)(b) require a doctor to provide pharmaceutical services to a person on the relevant patient list for that doctor if that doctor satisfies the Primary Care Trust, or on appeal, the Secretary of State that—

(a)he does not normally provide pharmaceutical services under this regulation; or

(b)in the case of a person to whom paragraph (1)(b) applies, the person would not have serious difficulty, by reason of distance or inadequacy of means of communication, in obtaining drugs and appliances from a pharmacy.

(7) A Primary Care Trust shall give a doctor reasonable notice—

(a)that it requires him to provide pharmaceutical services to any person; or

(b)subject to paragraph (8), that, where a person no longer satisfies the provisions of paragraph (1), the doctor shall discontinue the provision of pharmaceutical services to that person.

(8) A notice under paragraph (7)(b)—

(a)shall be subject to any postponement or termination of arrangements for the provision of pharmaceutical services to that person by that doctor made under regulation 12(15) or 13(13); and

(b)shall not be given—

(i)pending any appeal against a decision by a Primary Care Trust to postpone the making or termination of such arrangements, or

(ii)where regulations 9(10) so requires.

(9) Notwithstanding paragraph (4), where a drug or appliance is one for which a doctor is entitled to an additional payment if he provides it, he may, with the consent of the patient, instead of providing it himself, order it by issuing a prescription to the patient in accordance with paragraph 39 of Schedule 6 to the GMS Regulations.

(10) Where under any provision of regulations revoked by, and not re-enacted in, these Regulations an arrangement or requirement for a doctor to provide drugs or appliances to a patient was in effect immediately before these Regulations came into force, that arrangement or requirement shall have effect as though made under this regulation notwithstanding that neither of the conditions specified in paragraph (3) is satisfied.

(11) A doctor who provides pharmaceutical services to some or all of the patients on the relevant patients list in accordance with this regulation may provide any necessary pharmaceutical services to a person whom the relevant GMS or PMS contractor has accepted as a temporary resident under paragraph 16 of Schedule 6 to the GMS Regulations or under paragraph 15 of Schedule 5 to the PMS Regulations.

(12) An appeal under paragraph (6) shall be made in writing within 30 days from the date on which notice of the decision was sent to the doctor and shall contain a concise statement of the grounds of appeal.

(13) The Secretary of State shall, on receipt of any notice of appeal under this regulation, send a copy of that notice to the Primary Care Trust and the relevant GMS contractor or PMS contractor, and the Primary Care Trust and relevant GMS contractor and PMS contractor may, within 30 days from the date on which the Secretary of state sent a copy of the notice of appeal, make representations in writing to him.

(14) The Secretary of State may determine an appeal pursuant to paragraph (6) in such manner as he thinks fit.

(15) The Secretary of State shall, upon determination by him of an appeal under this regulation, give notice of his decision in writing, together with the reasons for it, to the appellant, to the Primary Care Trust and to the relevant GMS contractor or PMS contractor..

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