National Health Service (General Medical Services and Pharmaceutical Services) (Scotland) Amendment Regulations 2002
| Jurisdiction | Scotland |
| Citation | SSI 2002/111 |
| Year | 2002 |
2002 No. 111
NATIONAL HEALTH SERVICE
The National Health Service (General Medical Services and Pharmaceutical Services) (Scotland) Amendment Regulations 2002
Made 6th March 2002
Laid before the Scottish Parliament 8th March 2002
Coming into force 1st April 2002
The Scottish Ministers, in exercise of the powers conferred by sections 2(5), 19, 27(2), 28(1), 28A, 105(7), 106(a) and 108(1) of and Schedule 1, paragraph 11(c) to the National Health Service (Scotland) Act 19781and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation, commencement and interpretation
1. These Regulations may be cited as the National Health Service (General Medical Services and Pharmaceutical Services) (Scotland) Amendment Regulations 2002 and shall come into force on 1st April 2002.
Amendment of the National Health Service (Pharmaceutical Services) Regulations 1995
2.—(1) The National Health Service (Pharmaceutical Services) Regulations 19952are amended in accordance with the following paragraphs.
(2) In regulation 2(1) (interpretation and application)–
(a)
(a) the definition of “Charges Regulations” is omitted;
(b)
(b) in the definition of “nurse prescriber”, for “nurse or health visitor” there is substituted “nurse, midwife or health visitor”;
(c)
(c) the definition of “Remission of Charges Regulations” is omitted;
(d)
(d) after the definition of “relevant service” there is inserted–
““restricted availability appliance” means an appliance which is approved for particular categories of persons or for particular purposes only;”; and
(e)
(e) the definition of “supplemental services” is omitted.
(3) For regulation 2(1A) (interpretation) there is substituted–
“1A The specified description of nurse, midwife or health visitor mentioned in the definition of “nurse prescriber” in paragraph (1) is–
(a) a person who is either–
(i) registered in Part 1 or 12 of the register maintained by the Nursing and Midwifery Council3pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 20014(referred to below in this definition as the “professional register”), and has a district nursing qualification additionally recorded in the professional register under rule 11 of the Nurses, Midwives and Health Visitors Rules 19835, or
(ii) registered in Part 11 of the professional register as a health visitor,
and against whose name (in each case) is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances for patients; or
(b) a person who is registered in Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the professional register and against whose name is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances from the Nurse Prescribers' Extended Formulary Appendix in the British National Formulary6.”.
(4) Regulation 3(4) (pharmaceutical services) is omitted.
(5) Regulation 3(7)(b) (pharmaceutical services) is omitted.
(6) In regulation 9(1)(c) (payments to pharmacists) “supplemental services and” is omitted.
(7) In regulation 9(1)(f) (payments to pharmacists) for “and the specifications for such appliances;” there is substituted “, the specifications for such appliances and, in the case of a restricted availability appliance, the categories of persons for whom or the purposes for which the appliance is approved;”.
(8) In Schedule 1, (interpretation) paragraph 1(a) is omitted.
(9) In Schedule 1, paragraph 3(1) (provision of pharmaceutical services)–
(a)
(a) in paragraph (a), after “appliances” there is inserted “, not being restricted availability appliances”;
(b)
(b) after paragraph (b) there is inserted–
“(ba)
“(ba) an order for a restricted availability appliance, signed by and endorsed on its face with the reference “SLS”, by a doctor;”
(c)
(c) at the end of paragraph (c) “or” is omitted;
(d)
(d) in paragraph (d), after “appliances” there is inserted “, not being restricted availability appliances”; and
(e)
(e) after paragraph (d) there is inserted–
“or
(e)
(e) an order for a restricted availability appliance, signed by and endorsed on its face with the reference “SLS” by a nurse prescriber.”.
(10) In Schedule 1, paragraph 3(11) (provision of pharmaceutical services), after paragraph (b) there is inserted–
“(ba)
“(ba) that appliance is not a restricted availability appliance; and”.
(11) In Schedule 1, paragraph 11 (records) is omitted.
Amendment of the National Health Service (General Medical Services) Regulations 1995
3.—(1) The National Health Service (General Medical Services) Regulations 19957are amended in accordance with the following paragraphs.
(2) In regulation 2(1) (interpretation), in the definition of “nurse prescriber”, for “nurse or health visitor” there is substituted “nurse, midwife or health visitor”.
(3) For regulation 2(1A) (interpretation) there is substituted–
“1A The specified description of nurse, midwife or health visitor mentioned in the definition of “nurse prescriber” in paragraph (1) is–
(a) a person who is either–
(i) registered in Part 1 or 12 of the register maintained by the Nursing and Midwifery Council8pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 20019(referred to below in this definition as the “professional register”), and has a district nursing qualification additionally recorded in the professional register under rule 11 of the Nurses, Midwives and Health Visitors Rules 198310, or
(ii) registered in Part 11 of the professional register as a health visitor,
and against whose name (in each case) is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances for patients; or
(b) a person who is registered in Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the professional register and against whose name is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances from the Nurse Prescribers' Extended Formulary...
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