Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment Regulations 1992 and shall come into force on 28th February 1992.

(2) In these Regulations "the principal Regulations" means the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974(2).

Amendment to the principal Regulations

2.-(1) Regulation 27 (terms of service) of the principal Regulations shall be amended in accordance with this regulation.

(2) At the end of sub-paragraph (b) of paragraph (1) there shall be inserted the following:-

"; and

(c)subject to paragraph (6), the provision of hypodermic needle exchange services.".

(3) After paragraph (4) there shall be inserted new paragraphs as follows:-

"(4A) In this Part of these Regulations "hypodermic needle exchange services" means-

(a)the supply, free of charge, by a chemist to a person reasonably believed by that chemist 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 chemist 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 chemist.

(4B) In paragraph (4A)-

(a)"drug misuser" means a person who is misusing drugs by self-injection;

(b)"chemist" means a pharmacist within the meaning of section 132(1) of the Medicines Act 1968(3), and "trained chemist" means any such pharmacist who has received relevant training prepared by the Post Qualification Education Board for Pharmacists in Scotland.".

(4) At the end of sub-paragraph (b) of paragraph (5) there shall be inserted the following:-

"; or

(c)included in hypodermic needle exchange services.".

(5) After paragraph (5) there shall be inserted new paragraphs (6), (7), (8) and (9) as follows:-

"(6) A Board shall agree to a chemist being included in hypodermic needle exchange services only-

(a)after consulting their Chief Administrative Pharmaceutical Officer and their Chief Administrative Medical Officer and Director of Public Health; and

(b)if they are satisfied that such services are necessary or desirable in the area of the premises specified in the application.

(7) A chemist 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.

(8) A chemist may at any time give notice in writing to the Board that he wishes to cease to be included in hypodermic needle exchange services either immediately or at such time as may be specified in the notice.

(9) The Board may at any time, by giving notice in writing to a chemist, terminate his involvement in hypodermic needle exchange services either immediately or with effect from such date as may be specified in the notice.".

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974 ("the principal Regulations") which provide the arrangements to be made by Health Boards for the provision in their areas of general medical services and pharmaceutical services. Regulation 2 amends the principal Regulations to include in the description of pharmaceutical services participation by chemists in hypodermic needle exchange services. Such services permit chemists to supply, free of charge, to drug misusers new hypodermic needles and syringes, to accept used hypodermic needles and syringes for safe disposal, and permit a chemist, once he has received appropriate training, to provide counselling to drug misusers.