3.—(1) Each Local Health Board must prepare and maintain pharmaceutical lists of NHS pharmacists and NHS appliance contractors who have applied in accordance with Part 4 of these Regulations and Schedule 1, to provide pharmaceutical services from premises in the Local Health Board’s area and whose applications have been approved by the Local Health Board in accordance with Schedule 2 or on appeal by the Welsh Ministers in accordance with Schedule 3 and who are authorised—
(a)to provide pharmaceutical services in particular by way of the provision of drugs; or
(b)to provide pharmaceutical services only by way of the provision of appliances.
(2) Each pharmaceutical list must include—
(a)the address of the premises at which the listed person has undertaken to provide pharmaceutical services;
(b)the days on which and times at which at those premises the listed person provides pharmaceutical services; and
(c)a description of the pharmaceutical services that the listed person has undertaken to provide, including any directed services the listed person has agreed to provide.
(3) Part 6 of these Regulations makes provision for the removal of persons from pharmaceutical lists.
(4) A pharmaceutical list of a Local Health Board that is the current list immediately before these Regulations come into force is also the current pharmaceutical list when these Regulations come into force, unless the Local Health Board is required or entitled to give effect to a decision reached before the coming into force date to change, remove or include an entry from the list from the start of the coming into force date, in which case the current list at the start of the coming into force date is the list as modified to give effect to that decision.
4.—(1) Each Local Health Board must prepare and maintain a dispensing doctor list of doctors with whom the Local Health Board has made an arrangement in accordance with regulation 20 (arrangements for the provision of pharmaceutical services by doctors) to provide pharmaceutical services to their patients from premises in the area of the Local Health Board.
(2) Each dispensing doctor list must include—
(a)the name of the doctor—
(i)whose application under Part 5 for outline consent and premises approval has been approved by the Local Health Board in accordance with Schedule 2 or, on appeal by the Welsh Ministers in accordance with Schedule 3, and
(ii)who has made arrangements with the Local Health Board under regulation 20 to provide pharmaceutical services;
(b)the area in relation to which outline consent has been granted and the date on which the outline consent took effect;
(c)the address of the practice premises which have been granted premises approval, specifying—
(i)the date on which premises approval took effect or where it has not taken effect the date on which it was granted, and
(ii)if premises approval is deemed, temporary or residual, that this is the case;
(d)the address of any practice premises in relation to which the doctor has outstanding applications for premises approval; and
(e)where the doctor whose name is included in the dispensing doctor list provides primary medical services with an LHBMS practice, the name and address of the Local Health Board.
(3) A doctor included in a dispensing doctor list maintained by a Local Health Board who is a provider of primary medical services or who is employed or engaged by a provider of primary medical services may make a request to that Local Health Board for another doctor who is a provider of primary medical services or who is employed or engaged by a provider of primary medical services to be included in the dispensing doctor list in his or her place.
(4) A Local Health Board that receives a request described in paragraph (3) must agree to that request and—
(a)the doctor that made the request (“the original doctor”) must be substituted by the other doctor (“the new doctor”) by the Local Health Board in the dispensing doctor list that it maintains;
(b)the arrangements that the Local Health Board had with the original doctor become arrangements with the new doctor; and
(c)the outline consents and premises approvals of the original doctor become the outline consents and premises approvals of the new doctor.
(5) A Local Health Board must remove a listed doctor from a dispensing doctor list if—
(a)the doctor has died;
(b)the doctor is no longer performing primary medical services within the area of the Local Health Board;
(c)outline consent and premises approval has lapsed under regulation 26 (lapse of outline consent and premises approval);
(d)the doctor has been removed from the medical performers list; or
(e)more that 12 months have elapsed since the doctor last provided drugs, medicines or appliances under an arrangement made pursuant to regulation 20.
(6) A dispensing doctor list of a Local Health Board that is the current list immediately before these Regulations come into force is also the current dispensing doctor list when these Regulations come into force unless the Local Health Board is required or entitled to give effect to a decision reached before the coming into force date to change, remove or include an entry in the list from the start of the coming into force date, in which case the current list at the start of the coming into force date is the list as modified to give effect to that decision.
5.—(1) The terms on which a person is included in a pharmaceutical list (and therefore the person’s terms of service) are those that are included—
(a)in the terms of service—
(i)for NHS pharmacists who provide pharmaceutical services in particular by the provision of drugs, set out in Schedule 4; or
(ii)for NHS appliance contractors who provide pharmaceutical services only by way of the provision of appliances, set out in Schedule 5,
as may be varied by conditions imposed by a Local Health Board by virtue of regulation 33 (conditional inclusion relating to fitness grounds);
(b)in the Drug Tariff, in so far as the rights and liabilities in the Drug Tariff relate to NHS pharmacists or NHS appliance contractors and are applicable in the case of the NHS pharmacist or NHS appliance contractor; and
(c)in an arrangement made by a Local Health Board with the NHS pharmacist or NHS appliance contractor for the provision of any directed services.
(2) The terms on which a person is included in a dispensing doctor list (and therefore the person’s terms of service) are those that are—
(a)included in the terms of service for doctors providing pharmaceutical services set out in Schedule 6;
(b)in accordance with any conditions imposed regarding the postponement or termination of the provision of pharmaceutical services to eligible patients made under paragraph 6 of Schedule 2, paragraph 13 of Schedule 2 or regulation 11(6); and
(c)in accordance with any conditions imposed in relation to the dispensing doctor’s ability to provide pharmaceutical services by virtue of regulation 9(7) of the 1992 Regulations(1)
Prior to its repeal, regulation 9(7) was inserted into the 1992 Regulations by S.I. 2009/1491 (W.144).