The National Health Service (Miscellaneous Amendments Relating to Community Pharmaceutical Services and Optometrist Prescribing) Regulations 2009

Amendment of regulation 60

14.  In regulation 60(1) (arrangements for the provision of pharmaceutical services by doctors), after paragraph (8) insert the following paragraphs—

“(8A) Notwithstanding the preceding provisions of this regulation, a Primary Care Trust may also require a doctor who already provides pharmaceutical services to patients on a relevant patient list to provide pharmaceutical services to patients who are not on that list (“temporary services”)—

(a) during an emergency requiring the flexible provision of pharmaceutical services;

(b) where, as a result of the temporary closure of premises from which medicines, drugs or appliances are normally dispensed in the area of the Primary Care Trust, the Primary Care Trust considers that, in order to secure continuing adequate provision of pharmaceutical services in its area during the emergency, it is necessary for it to require provision of those temporary services; and

(c) for a specified period (which shall not be longer than the specified period of the emergency given by the Secretary of State) which the Primary Care Trust may extend or curtail in appropriate circumstances.

(8B) Where a doctor is required to provide temporary services by virtue of paragraph (8A), any services provided to a patient as a result of that requirement are to be treated as services provided as part of the arrangements under which the doctor provides primary medical services to patients on the relevant patient list.

(8C) There is no right of appeal under these Regulations in respect of a decision—

(a) to require, or not to require, a doctor to provide temporary services; or

(b) to extend or curtail the duration of any requirement imposed by virtue of paragraph (8A),

but the requirement must be curtailed if the doctor notifies the Primary Care Trust in writing that the doctor is unwilling to provide pharmaceutical services to patients who are not on the relevant patient list during the emergency (and so wishes to revert to the doctor’s overridden arrangements for the provision of pharmaceutical services).

(8D) Nothing in paragraph (8A) shall be taken as requiring a doctor (or a GMS, PMS or APMS contractor or PCTMS practice) to provide pharmaceutical services to patients at times when, or from premises at which, the doctor (or contractor or practice) is not also providing pharmaceutical services to patients on a relevant patient list.”.

(1)

Amended by S.I. 2005/1015 and 2006/3373.