Legislation – The National Health Service (Charges, Primary Medical Services and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Further Amendments) Regulations 2021

PART 4
Amendments to the National Health Service (General Medical Services Contracts) Regulations 2015 and the National Health Service (Personal Medical Services Agreements) Regulations 2015

15 Amendment of regulation 3 of the GMS Regulations

16 Amendment of regulation 55 of the GMS Regulations

17 Amendment of regulation 56 of the GMS Regulations

18 Amendment of regulation 61 of the GMS Regulations

19 Amendment of regulation 62 of the GMS Regulations

20 Amendment of regulation 3 of the PMS Regulations

21 Amendment of regulation 48 of the PMS Regulations

22 Amendment of regulation 49 of the PMS Regulations

23 Amendment of regulation 54 of the PMS Regulations

24 Amendment of regulation 55 of the PMS Regulations

Signature

Explanatory note

Which version?
Latest available (Revised)
Original (As enacted)

PART 2Amendments to the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013

Amendment of Schedule 7 to the PLPS Regulations10.

(1)

Schedule 7 to the PLPS Regulations (mandatory terms for LPS schemes) is amended as follows.

(2)

After paragraph 3A16 (supply in accordance with a SSP) insert—

“Supply in accordance with a LPIV3B.

(1)

Subject to the following provisions of this Schedule, where—

(a)

a LPS Contractor (C) receives a LPIV; and

(b)

a person who is entitled to be supplied by C with a prescription item ordered on the LPIV requests the provision of the item in accordance with that LPIV,

C must, with reasonable promptness, provide the prescription item so ordered.

(2)

If a person who is entitled as mentioned in sub-paragraph (1)(b) asks C to do so—

(a)

C must give an estimate of the time when the prescription item will be ready; and

(b)

if they are not ready by then, C must give a revised estimate of the time when the item will be ready (until it is ready).

(3)

Sub-paragraph (1) does not apply where arrangements are in place for the provision of the item ordered on the LPIV as part of a directed service which includes arrangements for the provision of such an item ordered on such a LPIV.”.

(3)

In paragraph 617 (providing ordered drugs or appliances)—

(a)

in sub-paragraph (13), after “paragraph 3” insert “or 3B”; and

(b)

after sub-paragraph (14) insert—

“(15)

Sub-paragraphs (3) to (8) apply to the provision of a drug in accordance with a LPIV as they apply to the provision of a drug in accordance with a prescription form or a repeatable prescription (or an associated batch issue).”.

(4)

In paragraph 718 (refusal to provide drugs or appliances ordered), after sub-paragraph (4) insert—

“(5)

C may refuse to provide a prescription item that is or is purportedly ordered on a LPIV where—

(a)

C reasonably believes it is not a genuine order for the person who requests, or on whose behalf is requested, the provision of the prescription item;

(b)

providing it would be contrary to C’s clinical judgement;

(c)

C or other persons are subjected to or threatened with violence by the person who requests the provision of the prescription item, or by any person accompanying that person; or

(d)

the person who requests the provision of the prescription item, or any person accompanying that person, commits or threatens to commit a criminal offence.

(6)

C must refuse to provide a prescription item that is or is purportedly ordered on a LPIV where C is satisfied that C is not entitled to provide it or the prescriber was not entitled to prescribe it.”.