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The National Health Service (Dietitian Supplementary Prescribers and Therapeutic Radiographer Independent Prescribers) (Miscellaneous Amendments) (Scotland) Regulations 2016

S.S.I. 2016/393 · Made 23 November 2016 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2018.

National Health Service

Made 23rd November 2016

Laid before the Scottish Parliament 25th November 2016

Coming into force 31st December 2016

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 17E(1), 17N(1) and 27(1) and (1A) of the National Health Service (Scotland) Act 1978f1, and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

1978 c.29; section 27(1) was amended by the National Health Service and Community Care Act 1990 (c.19) section 66(1) and schedule 9, paragraph 19(7), the Medicinal Products: Prescription by Nurses etc. Act 1992 (c.28) section 3, the National Health Service (Primary Care) Act 1997 (c.46) schedule 2, paragraph 44, and the Health and Social Care Act 2001 (c.15) (“the 2001 Act”) section 44(2); section 27(1A) was amended by the Health Services Act 1980 (c.53) section 20(2), the 2001 Act, section 44(3), the Health and Social Care Act 2012 (c.7) sections 213(7) and 220(2), S.I. 2003/1590, schedule 1(1), paragraph 2, S.I. 2004/1771, schedule 1(1), paragraph 6, and S.I. 2005/2011, schedule 6(1), paragraph 2(3); section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 c.46.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 Repealed
  3. 3Regulation 3 Repealed
  4. 4Regulation 4 Repealed
  5. 5Amendment of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 Repealed
  6. 6Regulation 6 Repealed
  7. 7Regulation 7 Repealed
  8. 8Amendment of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009
  9. 9Regulation 9
  10. Signature
  11. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the National Health Service (Dietitian Supplementary Prescribers and Therapeutic Radiographer Independent Prescribers) (Miscellaneous Amendments) (Scotland) Regulations 2016 and come into force on 31st December 2016.

2Amendment of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004F1

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3F1

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4F1

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5Amendment of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004F1

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6F1

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7F1

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8Amendment of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009I1

The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009f1 are amended as follows.

9I1

In regulation 2(1) (interpretation and application)—

(a)

after the definition of “hypodermic needle exchange services” insert—

  • ““independent nurse prescriber” means a person—

    1. (a)

      who is registered in the Nursing and Midwifery Register; and

    2. (b)

      against whose name is recorded in that register an annotation signifying that he or she is qualified to order drugs, medicines and appliances as a community practitioner nurse prescriber, a nurse independent prescriber or a nurse independent/supplementary prescriber;”;

(b)

omit the definition of “nurse independent prescriber”;

(c)

in the definition of “prescriber”—

(i)

in paragraph (c) for “nurse independent prescriber” substitute “independent nurse prescriber”;

(ii)

in paragraph (f) omit “or”; and

(iii)

after paragraph (f) insert—

“(fa)

a therapeutic radiographer independent prescriber, or”;

(d)

in the definition of “supplementary prescriber”—

(i)

in paragraph (d)(ii) omit “or”;

(ii)

in paragraph (d)(iii) omit “or”; and

(iii)

after paragraph (d)(iii) insert—

“(iv)

dietitians; or”; and

(e)

after the definition of “terms of service” insert—

  • ““therapeutic radiographer independent prescriber” means a person—

    1. (a)

      registered in Part 11 of the register maintained under article 5 of the Health and Social Work Professions Order 2001; and

    2. (b)

      against whose name in that register is recorded—

      1. (i)

        an entitlement to use the title “therapeutic radiographer”; and

      2. (ii)

        an annotation signifying that the person is qualified to order drugs, medicines and appliances as a therapeutic radiographer independent prescriber;”.

Signature

SHONA ROBISON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

23rd November 2016

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 (“the GMS Regulations”), the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 (“the Section 17C Regulations”) and the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 (“the 2009 Regulations”), by extending the definition of prescriber through the insertion of a new category of independent prescriber, namely therapeutic radiographer independent prescriber, and by extending the definition of supplementary prescriber to include registered dietitians.

The GMS Regulations and the Section 17C Regulations contain rules about the supply of drugs, medicines or appliances by GPs, with specific provision in relation to drugs, medicines or appliances prescribed by supplementary prescribers or certain independent prescribers. Regulations 4(a) and 7(b)(ii) amend those provisions so that they also apply in the case of a therapeutic radiographer independent prescriber. Registered dietitians are added to these rules by virtue of the amended definition of supplementary prescriber.

Regulation 4(b)(ii) adds therapeutic radiographer independent prescribers into paragraph 58 of schedule 5 of the GMS Regulations and regulation 7(c)(ii) makes an equivalent amendment to paragraph 28 of schedule 1 of the Section 17C Regulations. These provisions require contractors and providers, in the GMS Regulations and Section 17C Regulations respectively, to notify the Health Board when an independent or supplementary prescriber starts or ceases to operate within the practice.

Registered dietitians are added to these rules by virtue of the amended definition of supplementary prescriber.

Regulation 7(a) and (b)(i) and regulation 9(a), (b) and (c)(i) correct drafting errors in the Section 17C Regulations and the 2009 Regulations respectively.