The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2020

JurisdictionUK Non-devolved
CitationSI 2020/1126

2020 No. 1126

National Health Service, England

The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2020

Made 16th October 2020

Laid before Parliament 19th October 2020

Coming into force in accordance with regulation 1(2) to (4)

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 126(2), 129(6), 132, 172(1), 178, 182, 184(1) and 272(7) and (8) of, and paragraph 3(1) and (3)(c) and (d) of Schedule 12 to, the National Health Service Act 20061.

1 Introductory

PART 1

Introductory

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2020.

(2) Subject to paragraphs (3) and (4), these Regulations come into force on the twenty-first day after the day on which they are laid before Parliament.

(3) Regulations 12, 14 and 15(1) come into force on 1st January 2021.

(4) Regulation 15(2) comes into force on 1st April 2021.

(5) In these Regulations, “the PLPS Regulations” means the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 20132.

2 Amendment of Part 1 of the PLPS Regulations

PART 2

Amendment of Part 1 of the PLPS Regulations

S-2 Amendment of regulation 2 of the PLPS Regulations

Amendment of regulation 2 of the PLPS Regulations

2. In regulation 2(1) of the PLPS Regulations3(interpretation)—

(a) at the appropriate places insert—

““financial year” means the 12 months ending with 31st March;”;

““NHS Digital directory of services” means the directory of services, maintained by the Information Centre, which is accessed by NHS urgent and emergency care services if a patient is in need of urgent assistance from a health care professional or urgent access to health care advice;”; and

““NHSmail” means the secure e-mail service of that name for the sharing of patient identifiable and patient sensitive information, for which the Information Centre is responsible;”; and

(b) at the appropriate place insert—

““PTP” means a pandemic treatment protocol, which is a protocol—

(a) relating to the supply of a prescription only medicine to be used for the prevention of or as a treatment for a disease that is, or in anticipation of it being imminently, pandemic; and

(b) approved in accordance with regulation 247 of the Human Medicines Regulations 20124(exemption for supply in the event or anticipation of pandemic disease);”.

3 Amendment of Part 9 of the PLPS Regulations

PART 3

Amendment of Part 9 of the PLPS Regulations

S-3 New regulation 67A of the PLPS Regulations

New regulation 67A of the PLPS Regulations

3. After regulation 67 of the PLPS Regulations (conditions relating to voluntary closure of premises), insert—

S-67A

Condition relating to entering administration

67A. (1) An NHS chemist must, if the NHS chemist enters administration, notify the NHSCB of that fact.

(2) For these purposes, “enters administration” has the meaning given in paragraph 1(2)(b) of Schedule B1 to the Insolvency Act 19865(administration).”.

4 Amendment of Schedule 2 to the PLPS Regulations

PART 4

Amendment of Schedule 2 to the PLPS Regulations

S-4 Amendment of paragraph 34 of Schedule 2 to the PLPS Regulations

Amendment of paragraph 34 of Schedule 2 to the PLPS Regulations

4. In Schedule 2 to the PLPS Regulations (applications in respect of pharmaceutical lists and the procedures to be followed), in paragraph 346(taking effect of decisions: general)—

(a) in sub-paragraph (2), omit “in the next 14 days”; and

(b) after sub-paragraph (3), insert—

S-3A

3A. A notice of commencement is invalid unless it is given to the NHSCB no fewer than 30 days prior to the date on which the provision of services is to commence, unless prior to the notified date the NHSCB has agreed with P a shorter period of prior notice.

S-3B

3B. P must notify the NHSCB in writing as soon as reasonably practicable of any change to the date included in a notice of commencement as the date on which the provision of services is to commence, and must do so in advance of both dates.”.

5 Amendment of Schedule 4 to the PLPS Regulations

PART 5

Amendment of Schedule 4 to the PLPS Regulations

S-5 Amendment of Schedule 4 to the PLPS Regulations

Amendment of Schedule 4 to the PLPS Regulations

5. Schedule 4 to the PLPS Regulations (terms of service of NHS pharmacists) is amended in accordance with this Part.

S-6 New paragraph 5B

New paragraph 5B

6. After paragraph 5A7(supply in accordance with a SSP) insert—

S-5B

Supply in accordance with a PTP

5B. (1) Subject to the following provisions of this Part, where—

(a)

(a) an NHS Pharmacist (P) receives, via a secure service approved by the NHSCB for this purpose, an electronic message that amounts to an order for the supply of a drug in accordance with a PTP; and

(b)

(b) a person who is entitled to be supplied with that drug in pursuance of that order requests the provision of the drug in accordance with that order,

P must, with reasonable promptness, provide the drug so ordered.

(2) If a person who is entitled as mentioned in sub-paragraph (1)(b) asks P to do so—

(a)

(a) P must give an estimate of the time when the drug will be ready; and

(b)

(b) if they are not ready by then, P must give a revised estimate of the time when they will be ready (until they are ready).”.

S-7 Amendment of paragraph 8

Amendment of paragraph 8

7. In paragraph 88(providing ordered drugs or appliances)—

(a) in sub-paragraph (15), after “paragraph 5A” insert “or 5B”; and

(b) after sub-paragraph (16) insert—

S-17

17. Sub-paragraphs (5) to (10) apply to the provision of a drug in accordance with a PTP as they apply to the provision of a drug in accordance with a prescription form or a repeatable prescription (or an associated batch issue).

S-18

18. Where P provides a drug under paragraph 5B, P must include a dispensing label on the packaging of the product and include in the label (in addition to the particulars required or permitted by Part 2 of Schedule 26 to the Human Medicines Regulations 2012), for the patient’s benefit, information to the effect that the product is being supplied in accordance with a PTP, identifying the particular PTP.”.

S-8 Amendment of paragraph 9

Amendment of paragraph 9

8. In paragraph 99(refusal to provide drugs or appliances ordered)—

(a) in sub-paragraph (2A), after “(or at all)” insert—

“, but where P does so, P must take all reasonable steps to ensure that the product ordered by the prescriber is supplied within a reasonable timescale, which may include (depending on what steps or combination of steps the circumstances require)—

(a)

(a) providing details of other NHS pharmacists or LPS chemists whose premises are situated in the same area and who may be able to provide the product ordered by the prescriber;

(b)

(b) urgent supply without a prescription in accordance with paragraph 6;

(c)

(c) arranging for the urgent provision of a non-electronic prescription form by the prescriber.”; and

(b) after sub-paragraph (4) insert—

S-5

5. P may refuse to provide an order for a drug that is or is purportedly in accordance with a PTP where—

(a) P reasonably believes it is not a genuine order for the person who requests, or on whose behalf is requested, the provision of the drug;

(b) providing it would be contrary to P’s clinical judgement;

(c) P or other persons are subjected to or threatened with violence by the person who requests the provision of the drug, or by any person accompanying that person; or

(d) the person who requests the provision of the drug, or any person accompanying that person, commits or threatens to commit a criminal offence.

S-6

6. P must refuse to provide, pursuant to a PTP, an order for a drug that is or is purportedly in accordance with the PTP where P is not satisfied that it is in accordance with the PTP.”.

S-9 Amendment of paragraph 10

Amendment of paragraph 10

9. In paragraph 1010(further activities to be carried out in connection with the provision of dispensing services), in sub-paragraph (1)—

(a) in paragraph (e), after “written note” insert “(which may be in an electronic form)”; and

(b) omit paragraph (g).

S-10 Amendment of paragraph 11

Amendment of paragraph 11

10. In paragraph 1111(additional requirements in relation to electronic prescribing)—

(a) in sub-paragraph (1)—

(i) omit paragraph (a), and

(ii) in paragraph (b), for “not available” substitute “temporarily unavailable”; and

(b) in sub-paragraph (2), omit “Where the Electronic Prescription Service is available through P’s premises,”.

S-11 Amendment of paragraph 18

Amendment of paragraph 18

11.—(1) Paragraph 18 (health campaigns) is amended as follows.

(2) Omit “public” from its heading.

(3) In paragraph (a)—

(a)

(a) for “calendar” substitute “financial”; and

(b)

(b) omit “public”.

(4) At the end of sub-paragraph (b) insert “; and”.

(5) After sub-paragraph (b) insert—

“(c)

“(c) where requested to do so by the NHSCB, P sends to the NHSCB by means of an electronic communication of the type specified in the request—

the number recorded pursuant to sub-paragraph (b), and

information which is reasonably requested by the NHSCB, and which is in an anonymised form if it would otherwise identify any person to whom information was provided as part of the campaign, for the purposes of evaluating the effectiveness of the campaign and policy development.”.

S-12 New paragraphs 22B and 22C

New paragraphs 22B and 22C

12. In Part 2 (essential services), after paragraph 22A12(home delivery service while a disease is or in anticipation of a disease being imminently pandemic etc.) insert—

S-22B

Discharge medicines service

22B. An NHS pharmacist (P) must, to the extent that paragraph 22C requires and in the manner set out in that paragraph, provide advice, assistance and support to and in respect of a health service patient—

(a)...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT