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11. Subject to paragraph (11A), where a doctor is authorised or required by an FHSA under regulation 20 to provide drugs or appliances to a patient-
(a) he shall record an order for the provision of any drugs, or appliances which are needed for the treatment of the patient on a prescription form completed in accordance with paragraph 43(2) of the doctors' terms of service;
(b) he shall provide those drugs or appliances in a suitable container; and
(c) he shall provide for the patient a drug specified in Schedule 11 to the General Medical Services Regulations only where the conditions in paragraph 44(2) of the doctor's terms of service are satisfied.
11A (1) Paragraph 11 does not apply to drugs, medicines or appliances ordered on a prescription form by a nurse prescriber.
(2) Where a patient presents an order on a prescription form for listed drugs or medicines, or listed appliances, signed by a nurse prescriber, to a doctor who is authorised or required by regulation 20 to provide drugs or appliances to that patient, the doctor may provide to the patient such of the drugs, medicines or appliances so ordered as he supplies in the normal course of his practice.
(3) Listed drugs or medicines, or listed appliances provided under this paragraph shall be provided in a suitable container.
11B. Before providing the drugs or listed appliances recorded on a prescription form in accordance with paragraph 11(a), or the listed drugs or medicines or listed appliances ordered on a prescription form signed by a nurse prescriber in accordance with paragraph 11A(2), a doctor who is authorised or required by the Health Authority under regulation 20 to provide drugs and appliances to a patient shall -
(a) ask any person who makes a declaration on the prescription form that the patient does not have to pay the charges specified in regulation 3(1) of the Charges Regulations by virtue of either -
(i) entitlement to exemption under regulation 6(1) of the Charges Regulations, or
(ii) entitlement to remission of such charges under regulation 3 of the Remission of Charges Regulations, or under regulation 5 of the Remission of Charges Amendment Regulations,
to produce satisfactory evidence of such entitlement unless the declaration is in respect of entitlement to exemption by virtue of sub-paragraph (a), (b), (c), (d), (e) or (f) of regulation 6(1) of the Charges Regulations, and at the time of the declaration the doctor already has such evidence available to him; and
(b) if no satisfactory evidence is produced to him (and, where it is relevant none is already available to him as mentioned in sub-paragraph (a)) endorse the prescription form to that effect.
12( 1) Subject to sub-paragraph (2), a doctor who is authorised or required by an FHSA under regulation 20 to provide drugs or appliances to a patient shall not provide for a patient any Scheduled drug, except that, where he has ordered a drug which has an appropriate non-proprietary name either by the name or by its formula, he may provide a drug which has the same specification notwithstanding that it is a Scheduled drug (but, in the case of a drug which combines more than one drug, only if the combination has an appropriate non-proprietary name).
(2) Nothing in this paragraph shall prevent a doctor providing, otherwise than under pharmaceutical services, a scheduled drug for a patient.
13(1) The provisions of paragraphs 38 to 42 of the doctors' terms of service (items of service relating to acceptance of fees) apply in respect of the provision of any drugs or appliances by a doctor as they apply in respect of prescriptions for drugs or appliances.
(2) Where paragraph 39 of those terms of service applies and the doctor has provided any drug or appliance for which, in the case of a person on his list, he would have been entitled to payment from the FHSA, the FHSA shall credit him with the appropriate amount.
(3) In relation to a doctor falling within regulation 20(1A), sub-paragraph (1) shall have effect as if "paragraph 41" were substituted for "paragraphs 38 to 42", and sub-paragraph (2) shall not apply.
14(1) A doctor who is authorised or required by a Health Authority under regulation 20 to provide drugs or appliances to a patient, or who otherwise provides pharmaceutical services, shall secure that the practice based complaints procedure he has established and operates in accordance with paragraph 47A of the doctors' terms of service applies in relation to any matter reasonably connected with his provision of general medical services.
(2) Accordingly, paragraph 47B of those terms of service also applies in relation to complaints about such matters.
15(1) In relation to a doctor who -
(a) falls within regulation 20(1A); and
(b) is authorised or required by a Health Authority under regulation 20 to provide drugs or appliances to a person,
the complaints procedure established and operated in accordance with Directions under section 6(1) of the 1997 Act as to complaints procedures for pilot schemes shall apply in relation to any matter reasonably connected with his provision of pharmaceutical services to that person, as it applies as respects his performance of personal medical services.
(2) Accordingly, any requirement imposed by virtue of such Directions on a person providing personal medical services under the 1997 Act as to co-operation with any investigation of a complaint by the Health Authority also applies in relation to complaints about such matters.
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| Book Title: Pharmaceutical Regulations | ||