2016 No. 296
The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2016
Made
Laid before Parliament
Coming into force in accordance with regulation 1(1)
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 126, 129 and 272(7) and (8) of, and paragraph 3 of Schedule 12 to, the National Health Service Act 20061.
Citation, commencement and interpretation1
1
These Regulations may be cited as the National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2016 and—
a
apart from regulations 4(2) and 5(2), come into force on 1st April 2016;
b
regulations 4(2) and 5(2) come into force on 1st July 2016.
2
In these Regulations, “the principal Regulations” means the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 20132.
Amendment of regulation 75 of the principal Regulations2
1
Regulation 75 of the principal Regulations (voluntary and automatic removal of listings: change of ownership, relocation, temporary provision and voluntary closure) is amended as follows.
2
In paragraph (2)—
a
in sub-paragraph (a), for “regulation 67(4)(b)” substitute “regulation 67(4)”; and
b
in sub-paragraph (b)(ii), for regulation 67(4)(a)(ii), substitute “regulation 67(4)”.
Substitution of regulation 121 of the principal Regulations3
For regulation 121 of the principal Regulations (review of these Regulations) substitute the following—
Review of these Regulations121
1
The Secretary of State must, in accordance with paragraphs (2) to (4)—
a
carry out reviews of these Regulations;
b
set out the conclusions of each review in a report; and
c
publish each report.
2
Each report must in particular—
a
set out the objectives intended to be achieved by these Regulations;
b
assess the extent to which those objectives have been achieved;
c
assess whether those objectives remain appropriate; and
d
if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.
3
The first report under this regulation must be published before the end of 31st August 2017.
4
Each subsequent report must be published before the end of the period of five years beginning on the day on which the previous report was published.
Amendment of Schedule 4 to the principal Regulations4
1
Schedule 4 to the principal Regulations3 (terms of service of NHS pharmacists) is amended as follows.
2
In paragraph 7 (preliminary matters before providing ordered drugs or appliances), after sub-paragraph (3) insert the following sub-paragraph—
3A
In any case where no satisfactory evidence, as required by sub-paragraph (3), is produced to P, P must ensure before the drugs or appliances are provided that the person who was asked to produce that evidence is advised, in appropriate terms, that checks are routinely undertaken to ascertain entitlement to—
a
exemption under the Charges Regulations4; or
b
remission of charges under the Remission of Charges Regulations5,
where such entitlement has been claimed, as part of the arrangements for preventing or detecting fraud or error in relation to such claims.
3
After paragraph 29 (professional standards), insert the following paragraph—
Accessing summary care records29A
1
If an NHS pharmacist (P) is providing pharmaceutical services to or in respect of a patient and has access to the summary information that comprises a summary care record of that patient, P must access that summary information where the conditions in sub-paragraph (2) are satisfied.
2
The conditions are that—
a
in P’s clinical judgment it is in the best interests of the patient to do so; and
b
in doing so P is acting in accordance with the guidance known as “The NHS Care Record Guarantee”, published in the document entitled “The Care Record Guarantee – Our Guarantee for NHS Care Records in England” that was published by the National Information Governance Board for Health and Social Care in January 20116.
Amendment of Schedule 7 to the principal Regulations5
1
Schedule 7 to the principal Regulations9 (mandatory terms for LPS schemes) is amended as follows.
2
In paragraph 5 (preliminary matters before providing ordered drugs or appliances), after sub-paragraph (3) insert the following sub-paragraph—
3A
In any case where no satisfactory evidence, as required by sub-paragraph (3), is produced to C, C must ensure before the drugs or appliances are provided that the person who was asked to produce that evidence is advised, in appropriate terms, that checks are routinely undertaken to ascertain entitlement to—
a
exemption under the Charges Regulations10; or
b
remission of charges under the Remission of Charges Regulations11,
where such entitlement has been claimed, as part of the arrangements for preventing or detecting fraud or error in relation to such claims.
3
After paragraph 13 (professional standards), insert the following paragraph—
Accessing summary care records13A
1
If an LPS chemist (C) is providing local pharmaceutical services to or in respect of a patient and has access to the summary information that comprises a summary care record of that patient, C must access that summary information where the conditions in sub-paragraph (2) are satisfied.
2
The conditions are that—
a
in C’s clinical judgment or the clinical judgement of a registered pharmacy technician employed or engaged by C, it is in the best interests of the patient to do so; and
b
in doing so C or the registered pharmacy technician is acting in accordance with the guidance known as “The NHS Care Record Guarantee”, published in the document entitled “The Care Record Guarantee – Our Guarantee for NHS Care Records in England” that was published by the National Information Governance Board for Health and Social Care in January 201112.
Signed by authority of the Secretary of State for Health.
(This note is not part of the Regulations)