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Paragraph 50 Terms relating to the provision of dispensing services

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A contractor which has been granted the right to provide dispensing services under paragraph 47 or 49 shall ensure that dispensing services are provided in accordance with the following sub-paragraphs.

(2)

Subject to sub-paragraphs (3) and (4), a contractor providing dispensing services shall—

(a)

record an order for the provision of any drugs, medicines or appliances which are needed for the treatment of the patient on a prescription form completed in accordance with paragraph 39(3);

(b)

provide those drugs, medicines or appliances in a suitable container;

(c)

provide for the patient a drug or medicine specified in any directions given by the Secretary of State under section 28U of the Act (GMS contracts: prescription of drugs etc)f1 as being a drug or medicine which can only be ordered for specified patients and specified purposes only if—

(i)

that patient is a person of the specified description, and

(ii)

the drug or medicine is supplied for that patient only for the specified purpose; and

(d)

provide for the patient a restricted availability appliance only if the patient is a person, or it is for a purpose, specified in the Drug Tariff.

(3)

Sub-paragraph (2) does not apply to drugs, medicines or appliances ordered on a prescription form by an independent nurse prescriber.

(4)

Where a patient presents an order on a prescription form for drugs, medicines or appliances signed by an independent nurse prescriber, or an order for a restricted availability appliance signed by and endorsed on its face with the reference “SLS” by an independent nurse prescriber, to a contractor who may provide dispensing services, the contractor may provide to the patient such of the drugs, medicines or appliances so ordered as it supplies in the normal course of its practice.

(5)

Drugs, medicines or appliances provided under sub-paragraph (4) shall be provided in a suitable container.

(6)

A contractor providing dispensing services shall not provide for a patient a drug or medicine specified in any directions given by the Secretary of State under section 28U of the Act as being drugs or medicines which may not be ordered for patients in the provision of medical services under the contract, except that, where it has ordered a drug or medicine which has an appropriate non-proprietary name either by the name or by its formula, it may provide a drug or medicine which has the same specification notwithstanding that it is a drug or medicine specified in such directions (but, in the case of a drug or medicine which combines more than one drug, only if the combination has an appropriate non-proprietary name).

(7)

Subject to sub-paragraph (9), nothing in this paragraph shall prevent a contractor providing a Scheduled drug or a restricted availability appliance in the course of treating a patient under a private arrangement.

(8)

A contractor providing dispensing services shall comply with paragraph 11B of Schedule 2 to the Pharmaceutical Regulationsf2, as if modified as follows—

(a)

for “paragraph 11(a)”, substitute “sub-paragraph (3)(a)”;

(b)

for “paragraph 11A(2)”, substitute “sub-paragraph (5)”;

(c)

for “a doctor who is authorised or required by the Health Authority or Primary Care Trust under regulation 20 to provide drugs and appliances to a patient”, substitute “a contractor providing dispensing services to a patient”; and

(d)

for “doctor”, substitute “medical practitioner”.

(9)

The provisions of regulation 24 (fees and charges) apply in respect of the provision of any drugs, medicines or appliances by a contractor providing dispensing services as they apply in respect of prescriptions for drugs, medicines or appliances.

(10)

A contractor who is entitled to provide dispensing services may, with the consent of the patient, order a drug, medicine or appliance for a patient on a prescription form or a repeatable prescription, rather than providing it itself.

Annotations

Footnotes

f1

Section 28U was inserted into the Act by section 175(1) of the 2003 Act.

f2

Paragraph 11B was inserted by S.I. 1999/696 and amended by S.I. 1999/2563, 2001/2888, 2002/551 and 2469, 2003/699 and 1084.