# The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2020, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 (“the 2009 Regulations”) to make changes to the chronic medication service which is to be re-named the “Medicines: Care and Review Service”. These Regulations also amend the 2009 Regulations to allow pharmacists to provide pharmaceutical services in certain circumstances while a disease is, or in anticipation of a disease being, imminently pandemic.
Regulation 3 amends regulation 2(1) of the 2009 Regulations to include definitions of “pandemic treatment protocol” and “PTP”.
Regulation 4(2)(a) and (4)(b) amend paragraph 4(2)(a) and (3) of schedule 1 of the 2009 Regulations to substitute references to the “chronic medication service” for the “Medicines: Care and Review Service” and add a description of the service.
Regulation 4(2)(b) inserts a new head (aa) into paragraph 4(2) of schedule 1 of the 2009 Regulations to include a definition for “prison”.
Regulation 4(2)(c) amends the definition of “serial prescriber” in paragraph 4(2)(b) of schedule 1 of the 2009 Regulations to:
extend the definition by inserting “pharmacist independent prescriber” and “independent nurse prescriber other than a supplementary prescriber”,
exclude patients receiving primary medical services in prison, and
remove the requirement that the patient has to be registered with a pharmacy contractor for the provision of the chronic medication service and to include a new requirement that the patient has a long-term illness, disease or health condition that requires ongoing management over a period of a year or longer.
Regulation 4(2)(d) amends the definition of “serial prescription” in paragraph 4(2)(c) of schedule 1 of the 2009 Regulations. An electronic copy of the prescription form transmitted through the ePharmacy service to a pharmacy contractor no longer has to be transmitted to the pharmacy contractor the patient has registered with for the provision of the chronic medication service.
Regulation 4(3) inserts a new sub-paragraph (2A) in paragraph 4 of schedule 1 of the 2009 Regulations which requires pharmacy contractors to ensure that drugs or appliances ordered on a serial prescription are not supplied to a patient unless the patient has registered with that pharmacy contractor for the Medicines: Care and Review Service.
Regulation 4(5) amends paragraph 4(11) of schedule 1 of the 2009 Regulations. Paragraph 4(11) currently sets out circumstances in which a relevant pharmacist may refuse to supply drugs or appliances and is limited to those drugs or appliances ordered on a prescription form or serial prescription. Regulation 4(5) extends the application of this provision to the supply of drugs or appliances under the 2009 Regulations generally.
Regulation 4(7) inserts new sub-paragraphs (39) to (43) in paragraph 4 of schedule 1 of the 2009 Regulations. Sub-paragraphs (39) to (41) set out the requirements for pharmacists supplying prescription only medicines in accordance with a pandemic treatment protocol. Sub-paragraph (42) allows a pharmacist to provide pharmaceutical services in accordance with the terms of a protocol approved by the Scottish Ministers under regulation 247A (protocols relating to coronavirus and influenza vaccinations and immunisations) of the Human Medicines Regulations 2012. Sub-paragraph (43) allows a pharmacist to provide pharmaceutical services in response to an announcement of the Secretary of State and arrangements made in accordance with regulation 10A (directions of a practitioner while a disease is, or in anticipation of a disease being imminently, pandemic etc.) or 15(5) (form of prescriptions) of the Misuse of Drugs Regulations 2001.
Regulation 5 replaces paragraph 10(8) of schedule 1 of the 2009 Regulations to consolidate the provision and to set out the circumstances in which a pharmacy contractor will not be paid in respect of the supply of drugs and appliances unless supply takes place at a registered pharmacy included in the pharmaceutical list in respect of that pharmacy contractor.
Regulation 4(2)(c)(ii), (2)(c)(iii)(aa), (4)(a) and (6) make minor and consequential amendments to the 2009 Regulations.
No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.

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Source: https://www.legislation.gov.uk/ssi/2020/420/note (the official version)
Page: https://openlegislation.uk/national-health-service-pharmaceutical-services-scotland-amendment-regulations-2020/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.