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

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Amendment of regulation 2

2.—(1) In regulation 2(1) (interpretation)—

(a)for the definition of “appropriate non-proprietary name” substitute—

“appropriate non-proprietary name” means a non-proprietary name which is not mentioned in Schedule 1 to the Prescription of Drugs Regulations or, except where the conditions in paragraph 42(2) of Schedule 6 to the GMS Regulations are satisfied, in Schedule 2 to the Prescription of Drugs Regulations;;

(b)for the definition of “independent nurse prescriber” substitute—

“independent nurse prescriber” means a person—

(a)

who is registered in the Nursing and Midwifery Register, and

(b)

in respect of whom an annotation signifying that he is qualified to order drugs and appliances from—

(i)

the Nurse Prescribers' Formulary for District Nurses and Health Visitors in Part XVIIB(i) of the Drug Tariff, or

(ii)

the Nurse Prescribers' Extended Formulary in Part XVIIB(ii) of the Drug Tariff,

is also recorded in that register;;

(c)for the definition of “Local Medical Committee” substitute—

“Local Medical Committee” means a committee recognised under section 45A of the Act;;

(d)for the definition of “patient” substitute—

“patient” in relation to a GMS contract has the same meaning as in regulation 2 of the GMS Regulations (interpretation), in relation to a PMS agreement has the same meaning as in regulation 2 of the PMS Regulations (interpretation), and in relation to arrangements made under section 16CC of the Act(1) means any person to whom the contractor has agreed or is required to provide services under those arrangements;;

(e)in the definition of “prescription form”, for the words “and issued by a doctor, dentist, supplementary prescriber or independent nurse prescriber” substitute the words “and issued by a prescriber or a dentist”;

(f)for the definition of “Remission of Charges Regulations” substitute—

Remission of Charges Regulations” means the National Health Services (Travel Expenses and Remission of Charges) Regulations 2003(2);

(g)for the definition of “repeatable prescription” substitute—

“repeatable prescription” means a prescription contained in a form provided by a Primary Care Trust and issued by a repeatable prescriber to enable a person to obtain pharmaceutical services or local pharmaceutical services, which is in the format specified in Part 1 of Schedule 1 to the GMS Regulations, and which—

(a)

is generated by a computer but signed by a repeatable prescriber; and

(b)

indicates that the drugs or appliances ordered on that form may be provided more than once, and specifies the number of occasions on which they may be provided;;

(h)for the definition of “Scheduled drug” substitute—

“Scheduled drug” means a drug or other substance specified in Schedule 1 to the Prescription of Drugs Regulations, or except where the conditions in paragraph 42(2) of Schedule 6 to the GMS Regulations are satisfied, Schedule 2 to the Prescription of Drugs Regulations;;

(i)for the definition of “supplementary prescriber” substitute—

“supplementary prescriber” means a person—

(a)

whose name is registered in—

(i)

the Nursing and Midwifery Register,

(ii)

the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954(3), or

(iii)

the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976(4), and

(b)

against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs and appliances as a supplementary prescriber.;

(j)omit the following definitions—

  • “Community Health Council”,

  • “doctor’s list”,

  • “doctors' terms of service”,

  • “medical list”,

  • “Medical Regulations”,

  • “personal medical services”

  • “pilot scheme”, and

  • “pilot scheme provider”;

(k)insert the following definitions at the appropriate place in alphabetical order—

“the 2003 Act” means the Health and Social Care (Community Health and Standards) Act 2003(5);,

“GMS contract” means a general medical services contract and “GMS contractor” shall be interpreted accordingly;,

“the GMS Regulations” means the National Health Service (General Medical Services Contracts) Regulations 2004(6);,

“medical performers list” means a list of doctors prepared and published pursuant to regulations 3(1) of the National Health Service (Performers Lists) Regulations 2004(7);.

“Nursing and Midwifery Register” means the register maintained by the Nursing and Midwifery Council under the Nursing and Midwifery Order 2001(8);,

“patient list” means a list of a patients kept by a Primary Care Trust—

(i)

in respect of a GMS contractor , in accordance with paragraph 14 of Schedule 6 to the GMS Regulations, or

(ii)

in respect of a PMS contractor, in accordance with paragraph 13 of Schedule 5 to the PMS Regulations;;

“PMS agreement” means an agreement made under section 28C of the Act (9);,

“PMS contractor” means a party to a PMS agreement;,

“the PMS Regulations” means the National Health Service (Personal Medical Services Agreements) Regulations 2004(10);,

“Patients' Forum” means a body established under section 15(1) of the National Health Service Reform and Health Care Professions Act 2002 (11),

“prescriber” means a doctor, an independent nurse prescriber or a supplementary prescriber;,

“the Prescription of Drugs Regulations” means the National Health Service (General Medical Services Contracts)(Prescription of Drugs etc.) Regulations 2004(12);,

“relevant GMS contractor”, in relation to any doctor means the GMS contractor by whom the doctor is employed or engaged;,

“relevant PMS contractor”, in relation to any doctor means the PMS contractor by whom the doctor is employed or engaged;,

“relevant patient list” means, in relation to a doctor who is (or is a legal and beneficial shareholder in a company which is) a GMS contractor or a PMS contractor, the patient list for that contractor or, where he is not a contractor, means the patient list for the GMS contractor or PMS contractor by whom he is engaged or employed;,

“relevant register” means—

(a)

in relation to a nurse, the Nursing and Midwifery Register, and

(b)

in relation to a pharmacist, the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954 (the registers and registration) or the register maintained in pursuance of articles 6 (the registers) and 9 (the registrar) of the Pharmacy (Northern Ireland) Order 1976;;

“repeatable prescriber” means a prescriber who is—

(a)

a GMS contractor who provides repeatable prescribing services under the terms of its contract which give effect to paragraph 40 of Schedule 6 to the GMS Regulations;

(b)

a PMS contractor who provides repeatable prescribing services under the terms of its agreement which give effect to paragraph 39 of Schedule 5 to the PMS Regulations; or

(c)

employed or engaged by a GMS contractor who provides repeatable prescribing services under the terms of a contract which give effect to paragraph 40 of Schedule 6 to the GMS Regulations or by a PMS contractor who provides repeatable prescribing services under the terms of an agreement which give effect to paragraph 39 of Schedule 5 to the PMS Regulations;.

(2) For regulation 2(1B) substitute—

(1B) In these Regulations—

(a)the term “pharmaceutical services”, in relation to a doctor, means those services referred to in regulation 20; and

(b)the term “dispensing services”, in relation to a doctor or to a GMS contractor or a PMS contractor means, any corresponding service provided, not as pharmaceutical services, but under the terms of a GMS contract which give effect to paragraphs 47 to 51 of Schedule 6 to the GMS Regulations or under the terms of a PMS agreement which give effect to paragraphs 45 to 51 of Schedule 5 to the PMS Regulations..

(3) After regulation 2(4) add—

(5) For as long as there are in existence—

(a)contracts entered into under article 13 of the General Medical Services Transitional and Consequential Provisions Order 2004(13) (“default contracts”) in respect of such contracts any reference to a GMS contract shall be read as including a reference to a contract entered into under that article and any reference to a term of a GMS contract shall be read as including a reference to the equivalent term in the default contract;

(b)transitional agreements as defined in article 1(4) of the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004(14), any reference in these Regulations to a PMS agreement shall be read as including a reference to any equivalent term in the transitional agreement..

(1)

Section 16CC was inserted into the Act by section 174 of the 2003 Act.

(3)

c.61

(5)

c.43.

(9)

Section 28C was inserted into the Act by section 21(1) of the National Health Service (Primary Care) Act 1997 (c. 46) and amended by section 4(3), Schedule 3 Part 1 paragraphs 1, 7(1) and 2(a) of the National Health Service Reform and Health Care Professions Act 2002(c. 17); section 40, Schedule 5 Part 1, paragraph 11(1) and (4) of the Health and Social Care Act 2001(c. 15) sections 184, Schedule 11 paragraphs 7 and 14 of the 2003 Act

(11)

c.17. Section 15(1) was amended by section 31(2)(a) and Schedule 14, part 1 of the Health and Social Care (Community Health and Standards Act 2003 (c. 43)

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