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

Amendment of the National Health Service (Personal Medical Services Agreements) Regulations 2004

4.  In the National Health Service (Personal Medical Services Agreements) Regulations 2004(1)—

(a) in regulation 2(2) (interpretation), in paragraph (1), after the definition of “licensing body” insert the following definitions—

““listed medicine” means a medicine mentioned in regulation 7C(1) of the National Health Service (Charges for Drugs and Appliances) Regulations 2000;

“listed medicines voucher” means a form provided by a Primary Care Trust for use for the purpose of ordering a listed medicine;”;

(b) in paragraph 37(3) of Schedule 5 (other contractual terms – prescribing), in sub-paragraph (1)—

(i) at the end of paragraph (a), omit “and”,

(ii) in paragraph (b), for “professional,” substitute “professional; and”, and

(iii) after paragraph (b), insert the following paragraph—

“(c) any listed medicines voucher issued by a prescriber or any other person acting under the contract,”;

(c) in paragraph 38(4) of Schedule 5 (other contractual terms – prescribing)—

(i) in sub-paragraph (1), after “sub-paragraph (1A)” insert “and (1B)”, and

(ii) after sub-paragraph (1A), insert the following sub-paragraphs—

“(1B) During an outbreak of an illness for which a listed medicine may be used for treatment or for prophylaxis, if—

(a) the Secretary of State or the Primary Care Trust has made arrangements for the distribution of a listed medicine in the area of the Primary Care Trust free of charge; and

(b) that listed medicine is needed for treatment or prophylaxis of any patient who is receiving treatment under the contract,

a prescriber may, or if the patient has not attained the age of 13 years must, order that listed medicine by using a listed medicines voucher, which the prescriber must sign.

(1C) During an outbreak of an illness for which a listed medicine may be used for treatment or for prophylaxis, if—

(a) the Secretary of State or the Primary Care Trust has made arrangements for the distribution of a listed medicine in the area of the Primary Care Trust free of charge;

(b) those arrangements contain criteria set out in a protocol which enable persons who are not prescribers to identify the symptoms of, and whether there is a need for treatment or prophylaxis of, that disease;

(c) a person acting on behalf of the contractor, who is not a prescriber but who is authorised to order listed medicines by the Primary Care Trust, has applied the criteria referred to in paragraph (b) to any patient who is receiving treatment under the contract; and

(d) having applied the criteria, the person acting on behalf of the contractor has concluded that the listed medicine is needed for treatment or prophylaxis of that patient,

the person acting on behalf of the contractor must order that listed medicine by using a listed medicines voucher, which the person ordering the listed medicine must sign.”;

(d) in paragraph 41(5) of Schedule 5 (other contractual terms – restrictions on prescribing by medical practitioners)—

(i) in sub-paragraph (1), after “shall not order on” insert “a listed medicines voucher,”, and

(ii) in sub-paragraph (2)—

(aa) after “shall not order on” insert “a listed medicines voucher,”, and

(bb) for paragraph (c) substitute the following paragraph—

“(c) if the order is on a prescription form, the practitioner includes—

(i) the reference “SLS”, or

(ii) if the order is under arrangements made by the Secretary of State or the Primary Care Trust for the distribution of a listed medicine free of charge, the reference “ACP”,”; and

(e) in paragraph 42(6) of Schedule 5 (other contractual terms – restrictions on prescribing by supplementary prescribers), in sub-paragraph (2)(d)(iii), for “prescription, he includes on the prescription form the reference “SLS”” substitute “prescription on a prescription form, the prescriber includes on the form the reference “SLS” or, in the case of a listed medicine ordered under arrangements made by the Secretary of State or the Primary Care Trust for the medicine’s distribution free of charge, the reference “ACP””.

(1)

S.I. 2004/627.

(2)

Amended by S.I. 2004/2694, 2005/893, 3315 and 3491, 2006/1501, 2007/289 and 3491, and 2008/528 and 1700.

(3)

Substituted by S.I. 2007/3491.

(4)

Amended by S.I. 2004/2694, 2005/893 and 2007/3491.

(5)

Amended by S.I. 2005/893.

(6)

Amended by S.I. 2005/893.