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3B.—(1) Subject to the following provisions of [F3this Schedule,] where—
(a)a dispensing doctor (D) receives, via a secure service approved by [F4NHS England] for this purpose, an electronic message that amounts to an order for the supply of a drug in accordance with a PTP [F5or a PTPGD]; and
(b)a person who is entitled to be supplied with that drug [F6by D (Part 8 and this Schedule having that effect)] in pursuance of that order requests the provision of the drug in accordance with that order,
D must, with reasonable promptness, provide the drug so ordered.
[F7(1A) Where D considers—
(a)on the basis of a request for the supply of a drug in accordance with a PTP or a PTPGD that has been approved by [F4NHS England] as a basis for supply as part of pharmaceutical services;
(b)having made the appropriate checks; and
(c)having regard to what is reasonable and appropriate,
that a person is entitled to be supplied with the drug [F8by D (Part 8 and this Schedule having that effect)] in accordance with the PTP or PTPGD as part of pharmaceutical services, D must, with reasonable promptness, provide the drug requested.]
(2) If a person requesting the provision of the drug asks D to do so—
(a)D must give an estimate of the time when the drug will be ready; and
(b)if they are not ready by then, D must give a revised estimate of the time when they will be ready (until they are ready).
(3) Where D provides a drug under sub-paragraph (1) [F9or (1A)], D must include a dispensing label on the packaging of the product and include in the label (in addition to the particulars required or permitted by Part 1 of Schedule 26 to the Human Medicines Regulations 2012), for the patient’s benefit, information to the effect that the product is being supplied in accordance with a PTP [F10or a PTPGD], identifying the particular PTP [F11or PTPGD].
[F12(4) Sub-paragraph (1) does not apply where arrangements are in place for the provision of the drug ordered pursuant to the PTP or PTPGD as part of a directed service which includes arrangements for the provision of such a drug ordered in accordance with such a PTP or PTPGD.
(5) Sub-paragraph (1A) does not apply where arrangements are in place for the provision of the drug requested in accordance with the PTP or PTPGD as part of a directed service which includes arrangements for the provision of such a drug requested in accordance with such a PTP or PTPGD.]]
Textual Amendments
F1Sch. 6 para. 3B inserted (9.11.2020) by The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2020 (S.I. 2020/1126), regs. 1(2), 21
F2Words in Sch. 6 para. 3B heading inserted (1.3.2021) by The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/169), regs. 1(2), 4(2)(c)(iii)
F3Words in Sch. 6 para. 3B(1) substituted (21.12.2021) by The National Health Service (Charges, Primary Medical Services and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Further Amendments) Regulations 2021 (S.I. 2021/1346), regs. 1(2)(a), 9(2)(a)
F4Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
F5Words in Sch. 6 para. 3B(1)(a) inserted (1.3.2021) by The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/169), regs. 1(2), 4(2)(a)
F6Words in Sch. 6 para. 3B(1)(b) inserted (21.12.2021) by The National Health Service (Charges, Primary Medical Services and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Further Amendments) Regulations 2021 (S.I. 2021/1346), regs. 1(2)(a), 9(2)(b)
F7Sch. 6 para. 3B(1A) inserted (1.3.2021) by The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/169), regs. 1(2), 4(2)(b)
F8Words in Sch. 6 para. 3B(1A) inserted (21.12.2021) by The National Health Service (Charges, Primary Medical Services and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Further Amendments) Regulations 2021 (S.I. 2021/1346), regs. 1(2)(a), 9(2)(c)
F9Words in Sch. 6 para. 3B(3) inserted (1.3.2021) by The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/169), regs. 1(2), 4(2)(c)(i)
F10Words in Sch. 6 para. 3B(3) inserted (1.3.2021) by The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/169), regs. 1(2), 4(2)(c)(ii)