Explanatory Note
(This note is not part of the Regulations)
These Regulations consolidate, with amendments, the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 (“the 1995 Regulations”) and all subsequent amendments to them are revoked by regulation 17 and Schedule 5. These Regulations now regulate the terms on which pharmaceutical services are provided under the National Health Service (Scotland) Act 1978.
The “Drug Tariff” referred to in regulation 12 is published monthly as a web-based version at – http://www.isdscotland.org/isd/2245.html. An annual hard copy is published on 1st April each year. To be added to the mailing list for the hard copy distribution, email: evadis@isd.csa.scot.nhs.uk.
Amendments to the 1995 Regulations in this consolidation are largely minor or consequential drafting amendments. This includes a number of defined terms that have been added to, or updated, in regulation 2 (Interpretation and application).
The terms and conditions for pharmacists and pharmacy contractors (Schedule 1, paragraph 4) have been amended to include provisions relating to the provision of a Chronic Medication Service (CMS). CMS is the provision by a pharmacist of pharmaceutical care to patients with long term conditions who have registered with that pharmacist for the CMS.
The terms and conditions for pharmacists and pharmacy contractors also now include a requirement to keep appropriate records for at least seven years which must be made available for inspection on request by the Scottish Ministers, the relevant Health Board or the Common Services Agency. Pharmacy contractors must also designate a person engaged by them to hold responsibility for maintaining confidentiality of patient data (Schedule 1, paragraph 14).
A duty on Health Boards to consult with the public when determining applications to be included in the pharmaceutical list is now provided for in paragraph 2 of Schedule 3.