2000 No. 396
NATIONAL HEALTH SERVICE

The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment (No. 2) Regulations 2000

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by sections 19, 27, 69, 105(7) and 108(1) of the National Health Service (Scotland) Act 19781, and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment (No. 2) Regulations 2000 and shall come into force on 1st December 2000.

(2)

In these Regulations “the principal Regulations” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 19892.

Amendment of regulation 2 of the principal Regulations2.

(1)

Regulation 2 of the principal Regulations (interpretation) is amended as follows.

(2)

In paragraph (1)–

(a)

for the definition of “medical list” there is substituted–

““medical list” has the meaning assigned to it by regulation 4(1) of the General Medical Services Regulations;”;

(b)

for the definition of “the Medical Services Regulations” there is substituted–

“the General Medical Services Regulations” means the National Health Service (General Medical Services (Scotland) Regulations 19953;

(c)

for the definition of “patient” there is substituted–

““patient” means–

(a)

any person for whose treatment a doctor is responsible under his terms of service or in connection with a pilot scheme; or

(b)

any person who applies to a chemist for the provision of pharmaceutical services, and includes for the purposes of these Regulations a person acting on behalf of such a person;”; and

(d)

after the definition of “patient” there is inserted–
““pilot scheme” shall be construed in accordance with section 1(1) of the National Health Service (Primary Care) Act 1997;4

(3)

For paragraph (1A)5 there is substituted–

“(1A)

The specified description of a nurse or health visitor mentioned in the definition of “nurse prescriber” in paragraph (1) is–

(a)

a person who is registered in Part 1 or 12 of the register maintained under the Nurses, Midwives and Health Visitors Act 19976 (referred to below in this paragraph as “the professional register”), has a district nursing qualification additionally recorded in the professional register maintained under rule 11 of the Nurses, Medicines and Health Visitors Rules 19837, and is, at the time of ordering the listed drug or medicine or listed appliance–

(i)

employed as a district nurse by a Board or an NHS trust; or

(ii)

employed as a nurse by a doctor whose name is included in a medical list or who, at that time, is assisting in the performance of personal medical services under a pilot scheme;

(b)

a person who is registered in Part 11 of the professional register as a health visitor and is, at the time of ordering the listed drug or medicine or listed appliance–

(i)

employed as a nurse by a Board or NHS trust; or

(ii)

employed as a nurse by a doctor whose name is included in a medical list or who, at that time, is assisting in the performance of personal medical services under a pilot scheme,

against whose name (in each case) is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances for patients.”.

SUSAN C DEACON
A member of the Scottish Executive

St Andrew’s House,

Edinburgh

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations1989 (S.I. 1989/326) (“the principal Regulations”), which provide for the making and recovery of charges for drugs and appliances supplied by doctors and pharmacists providing pharmaceutical services, and by Health Boards and NHS trusts to out-patients.

Regulation 2(2) amends certain definitions in regulation 2 of the principal Regulations (interpretation).

Regulation 2(3) substitutes a new paragraph (1A) into regulation 2 of the principal Regulations. The effect of this is to provide for prescriptions issued by nurse prescribers employed under a pilot scheme to be subject to the same charges and benefit from the same exemptions from charges as those issued by doctors and other nurse prescribers.