The National Health Service (Prescribing and Charging Amendments Relating to Pandemic Influenza) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Charges for Drugs and Appliances) Regulations 2000 (“the Charges Regulations”), the National Health Service (General Medical Services Contracts) Regulations 2004 (“the GMS Regulations”), the National Health Service (Personal Medical Services Agreements) Regulations 2004 (“the PMS Regulations”) and the National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) Regulations 2004 (“the Drugs Regulations”).

Regulation 2 inserts a new exemption into the Charges Regulations, the new regulation 7C, the effect of which is that two named antiviral medicines will be exempt from the charging arrangements in the Charges Regulations, if distributed under arrangements for their free supply made by the Secretary of State or a relevant National Health Service body (with the approval of the Secretary of State).

Regulations 3 and 4 amend the GMS Regulations and the PMS Regulations so that during outbreaks of pandemic influenza, orders for the same two antiviral medicines for patients aged 13 and over can be written either on a new voucher or on the standard prescription form (in the latter case, with the endorsement “ACP”), where these medicines are being ordered by qualified prescribers under arrangements made by the Secretary of State or a Primary Care Trust for the distribution of these medicines free of charge. However, a qualified prescriber must use the new voucher for an order under those arrangements, if the order is for a patient aged 12 or under.

Amendments are also made to provide for the ordering of these medicines by authorised people who are not qualified prescribers, if they are following criteria which enable them to do so and which are set under the arrangements for free distribution. However, any people ordering these medicines who are not qualified prescribers must use the new voucher rather than the standard prescription form.

Regulation 5 amends the entries for the same two antiviral medicines in Schedule 2 to the Drugs Regulations, with the effect of widening the circumstances under which they may be ordered for patients under general medical services contracts and personal medical services agreements. Essentially, they may be ordered during outbreaks of pandemic influenza for treatment or prophylaxis of influenza, where this is under arrangements for the distribution of the medicines free of charge which are approved by the Secretary of State or are part of a Primary Care Trust’s antivirals distribution service.