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Statutory Rules of Northern Ireland


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2001 No. 222

HEALTH AND PERSONAL SOCIAL SERVICES

Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2001

  Made 24th May 2001 
  Coming into operation 2nd July 2001 

The Department of Health, Social Services and Public Safety[1] in exercise of the powers conferred on it by Articles 63(1), (2), (2A) to (2D), 64, 106(b) and 107(6) of the Health and Personal Social Services (Northern Ireland) Order 1972[2] and of all other powers enabling it in that behalf, and in conjunction with the Department of Finance and Personnel and after consultation with such organisations as appear to the Department of Health, Social Services and Public Safety to be representative of the pharmaceutical profession as required by Article 63(3) of that Order, hereby makes the following Regulations:

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Pharmaceutical Services (Amendment) Regulations (Northern Ireland) 2001 and shall come into operation on 2nd July 2001.

    (2) In these Regulations "the principal Regulations" means the Pharmaceutical Services Regulations (Northern Ireland) 1997[
3].

Amendment of regulation 2 of the principal Regulations
     2.  - (1) Regulation 2 of the principal Regulations (interpretation) is amended as follows.

    (2) In paragraph (1)

    (3) After paragraph (1A), insert a new paragraph - 

    (4) In paragraph (2) (which specifies a description of nurse prescribers who may issue prescription forms) in each of the sub-paragraphs (a)(iii) and (b)(ii), after the words "medical list" insert the words "or by a pilot scheme provider in connection with the provision of personal medical services under a pilot scheme.".

Amendment of regulation 3 of the principal Regulations
    
3. For regulation 3 of the principal Regulations (pharmaceutical services) there shall be substituted - 

Amendment of regulation 6 of the principal Regulations
    
4. In regulation 6 of the principal Regulations (pharmaceutical list) - 

Amendment of regulation 7 of the principal Regulations
    
5. In regulation 7 of the principal Regulations (removal from the pharmaceutical list) after paragraph (4) insert - 

Amendment of regulation 9 of the principal Regulations
    
6. In regulation 9 of the principal Regulations (standards of, and payments for, drugs and appliances), in paragraph (1)(g) the words "and of the provision of supplemental services" shall be omitted.

Amendment of regulation 11 of the principal Regulations
    
7. In regulation 11 of the principal Regulations (provision of pharmaceutical services for immediate treatment or personal administration) for the words "A doctor" there shall be substituted the words "A doctor whose name is included in the medical list".

Amendment of regulation 12 of the principal Regulations
    
8. In regulation 12 of the principal Regulations (arrangements for provision of pharmaceutical services by doctors) - 

     9. After regulation 12 of the principal Regulations insert the following regulations - 

Amendment of regulation 14 of the principal Regulations
    
10. Regulation 14 of the principal Regulations (publication of particulars) shall be amended as follows - 

Amendment of Schedule 2 to the principal Regulations
    
11.  - (1) Part II of Schedule 2 to the principal Regulations (terms of service for chemists) shall be amended as follows.

    (2) Before paragraph 2 there shall be inserted - 

    (3) In paragraph 4 (Premises and hours), for sub-paragraph (23) there shall be substituted the following sub-paragraphs - 

    (4) In paragraph 11 (Complaints), in sub-paragraph (8) the words from "and where" to the end shall be omitted.

    
12.  - (1) Part III of Schedule 2 to the principal Regulations (terms of service for doctors who provide pharmaceutical services) shall be amended as follows.

    (2) In paragraph 16, after sub-paragraph (2) insert - 

    (3) After paragraph 17 insert - 

Amendment of Schedule 3 to the principal Regulations
    
13.  - (1) Part I of Schedule 3 to the principal Regulations shall be amended as follows.

    (2) In Form A (MR) (application for minor relocation of pharmacy premises) in the note after section 2(b), after "LEASE" insert ", LEGAL".

    (3) After Form A (MR) insert the following - 



     14.  - (1) Part II of Schedule 3 to the principal Regulations shall be amended as follows.

    (2) In Form A (MR) (application for minor relocation of pharmacy premises) in the note after section 2(b), after "LEASE" insert ", LEGAL".

    (3) After Form A (MR) insert the following - 





Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on


24th May 2001.

L.S.


D. C. Bingham
A senior officer of the Department of Health, Social Services and Public Safety


The Department of Finance and Personnel hereby approves the foregoing Regulations.



Sealed with the Official Seal of the Department of Finance and Personnel on


24th May 2001.

L.S.


Rodney Scott
A senior officer of the Department of Finance and Personnel


EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations further amend the Pharmaceutical Services Regulations (Northern Ireland) 1997 ("the principal Regulations"), by making provision for a Board to grant a temporary relocation for a designated period, and to allow a dispensing doctor to provide pharmaceutical services to his patients while performing personal medical services.

Regulation 2 inserts and amends definitions in the principal Regulations.

Regulations 3 and 6 remove the provisions relating to supplemental services, which now become directed services.

Regulations 4 and 5 provide for a Board to allow a temporary relocation of pharmacy premises for a specified period.

Regulations 7, 8 and 9 provide for a dispensing doctor to provide pharmaceutical services to those patients on his list to whom he is providing personal medical services under a pilot scheme and requires a Board to keep a list of dispensing doctors required to provide pharmaceutical services to their patients.

Regulation 10 requires a Board to make available for inspection a list of dispensing doctors required to provide pharmaceutical services to their patients.

Regulation 11 provides for any arrangements for the provision of directed services by a chemist to be included as part of the chemist's terms of service.

Regulation 12 provides for the complaints procedure established for a personal medical services pilot scheme to also apply to the provision of pharmaceutical services under such a scheme.

Regulations 13 and 14 provide for a minor amendment to the wording on the application form used by chemists or persons other than chemists when seeking a minor relocation of pharmacy premises and introduce new forms to be used when applying for a temporary relocation.


Notes:

[1] See S.I. 1999/283 (N.I. 1) Article 3(6)back

[2] S.I. 1972/1265 (N.I. 14) relevant amending instruments are S.I. 1978/1907 (N.I. 26) Article 14, S.I. 1986/2023 (N.I. 20) Article 5(1) and (2); S.I. 1991/194 (N.I. 1) Article 31(1) and (2); S.I. 1992/2671 (N.I. 18) Article 3 and S.I. 1997/1177 (N.I. 17) Article 29back

[3] S.R. 1997 No. 381; relevant amending regulations are S.R. 1997 No. 547, S.R. 1998 No. 1995 and S.R. 1999 Nos. 100 and 254back



ISBN 0-337-93957-8


  © Crown copyright 2001

Prepared 6 June 2001


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