The National Health Service (Pharmaceutical Services) (Appliances) (Amendment) Regulations 2009

Amendment of paragraph 7

17.—(1) Amend paragraph 7 (refusal to provide appliances ordered) as follows.

(2) Renumber the existing provision as sub-paragraph (1).

(3) In that sub-paragraph—

(a) after “ordered on a prescription form” insert “or repeatable prescription”;

(b) in paragraph (a), after “the prescription form” insert “or repeatable prescription”;

(c) for paragraph (b), substitute—

“(b) it appears to the supplier of appliances that there is an error on the prescription form or on the repeatable prescription or, in the case of a non-electronic repeatable prescription, its associated batch issue (including a clinical error made by the prescriber) or that, in the circumstances, providing the appliance would be contrary to the clinical judgement of the supplier of appliances;”; and

(d) in paragraphs (c) and (d)—

(i) after each reference to “the prescription form” insert “or repeatable prescription”, and

(ii) after each reference to “an electronic prescription form” insert “or repeatable prescription”.

(4) After sub-paragraph (1) insert—

“(2) A supplier of appliances shall refuse to provide appliances ordered on a repeatable prescription where—

(a) the supplier has no record of that prescription;

(b) the supplier does not, in the case of a non-electronic repeatable prescription, have any associated batch issue and it is not presented to the supplier;

(c) it is not signed by a repeatable prescriber;

(d) to do so would not be in accordance with any intervals specified in the prescription;

(e) it would be the first time an appliance had been provided pursuant to the prescription and the prescription was signed (whether electronically or otherwise) more than six months previously;

(f) the repeatable prescription was signed (whether electronically or otherwise) more than one year previously;

(g) the expiry date on the repeatable prescription has passed; or

(h) the supplier has been informed by the repeatable prescriber that the prescription is no longer required.

(3) Where a patient requests the supply of appliances ordered on a repeatable prescription (other than on the first occasion that the request is made), a supplier of appliances shall only provide the appliance ordered if satisfied that—

(a) the patient to whom the prescription relates—

(i) is using and is likely to continue to use the appliance appropriately, and

(ii) is not suffering from any side effects of the treatment which indicate the need or desirability of reviewing the patient’s treatment;

(b) the manner of utilisation of the appliance by the patient to whom the prescription relates has not altered in a way which indicates the need or desirability of reviewing the patient’s treatment; and

(c) there have been no changes to the health of the patient to whom the prescription relates which indicate the need or desirability of reviewing the patient’s treatment.”