2009 No. 177
The National Health Service (Pharmaceutical Services, Charges for Drugs and Appliances and Charges to Overseas Visitors) (Scotland) Amendment Regulations 2009
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 27(1), (2), (3) and (4), 69(1), 75A, 98, 105(7) and 108(1) of the National Health Service (Scotland) Act 19781 and all other powers enabling them to do so.
Citation and commencement1
These Regulations may be cited as the National Health Service (Pharmaceutical Services, Charges for Drugs and Appliances and Charges to Overseas Visitors) (Scotland) Amendment Regulations 2009 and come into force on 8th May 2009.
Amendment of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 19952
1
The National Health Service (Pharmaceutical Services) (Scotland) Regulations 19952 are amended as follows.
2
In regulation 2(1) (interpretation and application), insert at the appropriate place–
“emergency requiring the flexible provision of pharmaceutical services” means an emergency declared by means of a direction to Boards under section 2(5) of the Act to the effect that, as a result of the threatened damage to human welfare caused or which may be caused by the illness designated in the direction, Boards must for a specified period exercise one or more of their functions under regulation 5ZA or regulation 8(7), subject to any conditions or limitations set out in the direction;
3
After regulation 5 (pharmaceutical list), insert–
Temporary relocations and additional premises5ZA
1
Regulation 5(2)(b), (4), (6), (7), (8), (10), (11) and (14) shall not apply to an application for a temporary amendment to the pharmaceutical list which the Board is satisfied is necessary or desirable because of an emergency requiring the flexible provision of pharmaceutical services.
2
In the circumstances described in paragraph (1), the Board may make a temporary amendment to an entry in the pharmaceutical list, but–
a
only for a specified period (which shall not be for longer than the specified period for the duration of the emergency given by the Scottish Ministers) which the Board may extend or curtail in appropriate circumstances; and
b
the applicant may revert to the applicant's original entry in the pharmaceutical list before the end of the specified period, on giving the Board at least 24 hours notice.
3
Where–
a
a direction is given under section 2(5) of the Act which contains a declaration of an emergency requiring the flexible provision of pharmaceutical services; and
b
the Scottish Ministers issue a further direction under that section changing the specified period of the duration of the emergency,
for the purposes of these Regulations, the duration of the emergency is to be construed in accordance with the specified period as revised by the Scottish Ministers.
4
After regulation 8(6) (schemes for securing proper pharmaceutical service) insert–
7
During an emergency requiring the flexible provision of pharmaceutical services, a Board may agree with any person whose name is included in a pharmaceutical list that the provisions of a scheme prepared under paragraph (3) shall not apply to that person for the duration of the emergency.
5
After regulation 11(5) (publication of particulars) insert–
6
Paragraph (5) shall not apply to alterations in a pharmaceutical list made by a Board in terms of regulation 5ZA(2).
6
In Schedule 1 (terms of service for pharmacists)–
a
in paragraph 3 (provision of pharmaceutical services)–
i
in sub-paragraph (2) after “shall not” insert–
, except for the duration of an emergency requiring the flexible provision of pharmaceutical services,
ii
in sub-paragraph (3) after “shall not” insert–
, except for the duration of an emergency requiring the flexible provision of pharmaceutical services,
iii
in sub-paragraph (11), for “and (6)” substitute “, (6) and (17)”; and
iv
after sub-paragraph (16) insert–
17
A pharmacist may dispense a drug where the conditions for urgent supply specified in paragraph (4) of article 8 of the Prescription Only Medicines (Human Use) Order 19973 are satisfied, before receiving a prescription form, if the pharmacist is satisfied that it is appropriate to do so.
b
in paragraph 4 (premises and hours of business)–
i
in sub-paragraph (1) insert at the beginning “Subject to regulation 8(7)”; and
ii
in sub-paragraph (4) insert at the beginning “Subject to regulation 5ZA”.
Amendment of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 20083
1
The National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 20084 are amended as follows.
2
In regulation 7(2) (exemptions)–
a
delete “or” at the end of sub-paragraph (b);
b
in sub-paragraph (c) for “by” substitute “to”; and
c
after sub-paragraph (c) insert–
; or
d
the supply is of drugs or preparations for the treatment of Pandemic Influenza (defined as “phase 6” in the World Health Organisation's (“WHO”) influenza pandemic phases), or Influenza that might become pandemic (defined as “phase 4” or “phase 5” by WHO) specified in Part 2 of Schedule 2.
3
In Schedule 2–
a
after “SCHEDULE 2”, insert–
PART 1
b
after “Pyridoxine”, insert–
PART 2SCHEDULE OF DRUGS TO TREAT INFLUENZA
4
The following drugs to treat Pandemic Influenza, or Influenza that might become pandemic:
Oseltamivir
Zanamivir
Amendment of the National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 19894
1
The National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 19895 are amended as follows.
2
In Schedule 1 (diseases for the treatment of which no charge is to be made), after “Mumps” insert–
Pandemic Influenza (defined as “phase 6” in the World Health Organisation's (“WHO”) influenza pandemic phases), or Influenza that might become pandemic (defined as “phase 4” or “phase 5” by WHO).
(This note is not part of the Regulations)