OpenLegislation

Regulation 3 Pharmaceutical services

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

(1)

The arrangements for the provision of pharmaceutical services shall include arrangements for—

(a)

the supply of contraceptive substances and appliances;

(b)

the provision of supplemental services;

(c)

subject to paragraph (8) the provision of hypodermic needle exchange services.

(2)

The arrangements referred to in paragraph (1) shall incorporate the terms of service for pharmacists set out in Schedule 1 to these Regulations.

(3)

In these Regulations “supplemental services” means—

(a)

where a registered pharmacy regularly supplies drugs and medicines to be taken by persons resident in a home, the giving of advice by him, or by a pharmacist employed by him, following a visit to that home in connection with procedures there for the safe keeping and correct administration of those drugs and medicines;

(b)

the keeping of records of such visits as are referred to in sub-paragraph (a);

(c)

the keeping of records in connection with drugs and medicines supplied to or to be taken by any person—

(i)

who claims exemption under regulation 7(1)(c) of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1989f1 (exemption from charges for drugs and appliances), or

(ii)

who, in the opinion of the pharmacist dispensing the drug or medicine, is likely to have difficulty understanding the nature and dosage of the drug or medicine dispensed and the times at which it is to be taken,

in circumstances where the nature of the drug or medicine is such that, in the opinion of the pharmacist who dispenses it, the same or a similar drug or medicine is likely to be prescribed for that person regularly on future occasions.

(4)

In paragraph (3)—

(a)

“home” means any one of—

(i)

a nursing home within the meaning of the Nursing Homes Registration (Scotland) Act 1938f2, or

(ii)

a residential or other establishment within the meaning of Part IV of Social Work (Scotland) Act 1968f3, or

(iii)

a private hospital within the meaning of Part IV of the Mental Health (Scotland) Act 1984f4;

(b)

“records” shall include—

(i)

in the case of those kept pursuant to paragraph (3)(b), a record of the name and address of the home, of the date of each visit and of the nature of any advice given in the course of or following each such visit and to whom it was given, and

(ii)

in the case of those kept pursuant to paragraph (3)(c), a record of the name and address of the person to or for whom the drug or medicine is supplied, of the name, quantity, and dosage and of the date on which the supply was made and any advice given in relation to the use of the drugs and medicines supplied.

(5)

In these Regulations “hypodermic needle exchange services” means—

(a)

the supply, free of charge, by a pharmacist to a person reasonably believed by that pharmacist to be a drug misuser of—

(i)

hypodermic needles and syringes; and

(ii)

equipment for the safe disposal of such needles and syringes;

(b)

the receipt by a pharmacist from such a person and the subsequent safe disposal, both free of charge, of any used hypodermic needle or syringe;

(c)

the provision of counselling to such a person by a trained pharmacist.

(6)

In paragraph (5)—

(a)

“drug misuser” means a person who is misusing drugs by self-injection;

(b)

“trained pharmacist” means a pharmacist who has received relevant training prepared by the Post Qualification Education Board for Pharmacists in Scotland.

(7)

A pharmacist may at any time give notice in writing to the Board that he wishes to be—

(a)

included in or excluded from any arrangements for the supply of contraceptive services and appliances, or

(b)

included in any arrangements for the provision of “supplemental services”; or

(c)

included in any arrangements for the provision of hypodermic needle exchange services.

(8)

A Board shall agree to a pharmacist providing hypodermic needle exchange services only—

(a)

after consulting its Chief Administrative Pharmaceutical Officer and its Chief Administrative Medical Officer and Director of Public Health; and

(b)

if it is satisfied that such services are necessary or desirable in the area of the premises specified in the application.

(9)

A pharmacist participating in arrangements for the provision of hypodermic needle exchange services shall maintain records in relation to those services which shall include—

(a)

the number of hypodermic needles and syringes issued by him;

(b)

an estimate of the number of used hypodermic needles and syringes received by him for disposal; and

(c)

the number of persons to whom he has supplied hypodermic needles and syringes.

(10)

A pharmacist may at any time give notice in writing to the Board that he wishes to cease to be included in arrangements for the provision of hypodermic needle exchange services either immediately or at such time as may be specified in the notice.

(11)

The Board may at any time, by giving notice in writing to a pharmacist, terminate his involvement in arrangements for the provision of hypodermic needle exchange services either immediately or with effect from such date as may be specified in the notice.

Annotations

Footnotes

f1

S.I. 1989/326, to which there are amendments not relevant to these Regulations.

f2

1938 c. 73.

f3

1968 c. 49; Part IV was amended by the Registered Establishments (Scotland) Act 1987 (c. 40).

f4

1984 c. 36.