Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Medical Services) (Scotland) Regulations 1995 (“the principal Regulations”) which regulate the terms on which doctors provide general medical services under the National Health Service (Scotland) Act 1978 (“the 1978 Act”).

Part II makes changes to the principal Regulations arising out of the designation of a new category of prescriber of medicines and appliances for human use. Under amendments to the Prescription Only Medicines (Human Use) Order 1997 which came into force on 4th April 2003, “supplementary prescribers”, who are appropriately qualified nurses and pharmacists, have been given new rights to prescribe prescription only medicines under an agreed clinical management plan for an individual patient. These “supplementary prescribers” will also be qualified to prescribe other medicines and appliances under such plans.

In particular–

Part III makes other unrelated changes to the principal Regulations.

Regulation 4 removes the requirement on Health Boards and primary care NHS trusts to delete from the list of patients in its area, for whom each doctor is responsible, the name of a person serving a prison sentence or sentences totalling in aggregate more than two years.

Regulation 5 introduces a requirement on doctors employing deputies or assistants to obtain and check clinical references before engaging them.