The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 1997
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 1997 and shall come into force on 1st April 1997.
(2)
Amendment of regulation 5 of the principal Regulations2.
In regulation 5 of the principal Regulations (pharmaceutical list) paragraph (2)(b)(iii) is deleted.
Amendment of regulation 9 of the principal Regulations3.
(1)
Regulation 9 of the principal Regulations (payments to pharmacists and standards of drugs and appliances) shall be amended as follows.
(2)
The existing provision will be renumbered as regulation 9(1).
(3)
In paragraph (1), as renumbered, after the words “and which” there shall be inserted the words “(subject to paragraph (2))”.
(4)
“(2)
The Drug Tariff may state in respect of any specified fee falling within paragraph (1)(c), or any other specified fee, allowance or other remuneration in respect of the provision of pharmaceutical services by pharmacists included in the pharmaceutical list of a Board, that the determining authority for that fee, allowance or other remuneration for those pharmacists is the Board, and in such a case paragraphs (3), (4) and (5) shall apply.
(3)
The Board shall consult such body as it considers representative of pharmacist contractors in its area before making any determination by virtue of paragraph (2).
(4)
A determination made by the Board by virtue of paragraph (2) shall include the arrangements for claiming the specified fees, allowances or other remuneration and may provide that the pharmacist contractor requires to have prior authority from the Board to provide a specified service and associated drugs.
(5)
A determination made by the Board by virtue of paragraph (2) shall be notified in writing to all pharmacist contractors included in its pharmaceutical list.”.
Amendment of regulation 11 of the principal Regulations4.
“and
(e)
determinations made by the Board by virtue of regulation 9(2),”.
Amendment of Schedule 1 to the principal Regulations5.
In paragraph 1 of Schedule 1 to the principal Regulations (interpretation) in sub-paragraph (a) after the words “dentist” there shall be added “(i)” and at the end there shall be added “or (ii) to enable the transmission of electronic data only for the purposes of calculating dispensing fees or other sums payable in respect of the supply of drugs and appliances;”.
Amendment of Schedule 2 to the principal Regulations6.
In Form A in Schedule 2 to the principal Regulations (application for inclusion in the pharmaceutical list - for use by pharmacists) in paragraph 4 delete the words “Supplying a domiciliary oxygen therapy service YES/NO”.
St Andrew’s House,
Edinburgh
These Regulations further amend the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 (“the principal Regulations”) which govern the arrangements to be made by Health Boards for the provision in their area of pharmaceutical services under the National Health Service (Scotland) Act 1978.
Regulations 3 and 4 amend the principal Regulations to enable the Secretary of State to designate, in the Drug Tariff, Health Boards as the determining authority for remuneration in respect of specified pharmaceutical services, and requires a Health Board to consult prior to making such a determination and to publish any determinations made.
Regulation 5 amends the definition of “prescription form” in Schedule 1 to the principal Regulations to enable it to be used in the transmission of electronic data in connection with calculation of pharmacists remuneration.