Citation, commencement, interpretation and extent

1. —(1) This Order may be cited as the National Health Service (General Medical Services) (Electronic Communications) Order 2001 and shall come into force on 11th September 2001.

(2) In this Order, “the 1992 Regulations” means the National Health Service (General Medical Services) Regulations 1992( 2 ).

(3) This Order extends to England only( 3 ).

Amendment of the 1992 Regulations

2. —(1) The 1992 Regulations are amended as follows.

(2) In Schedule 2 to the 1992 Regulations (terms of service for doctors), in paragraph 1 (interpretation)—

(a) in the appropriate alphabetical position, insert—

“ “the 2000 Act ” means the Electronic Communications Act 2000; ” ,

• “ “electronic communication” has the same meaning as in section 15 of the 2000 Act; ” ,

• “ “electronic signature” has the same meaning as in section 7 of the 2000 Act; ” ;

(b) in the definition of “prescription form”, after “means” insert “, subject to paragraph 1A,”.

(3) After paragraph 1, insert—

“ 1A —(1) In this Schedule, where the conditions set out in sub-paragraph (2) are met, the term “prescription form” includes data that—

(a) are created in an electronic form and signed with an electronic signature and are transmitted as an electronic communication;

(b) are created in an electronic form and signed with an electronic signature, where both the data and the signature are entered on the prescription form in a non-legible manner;

(c) are created in writing and signed with an electronic signature which is entered on the prescription form in a non-legible manner; or

(d) are created in an electronic form and entered on the prescription form in a non-legible manner, and signed in ink.

(2) The conditions are—

(a) that the prescription is an order for a drug or appliance and is issued by a doctor in connection with the provision of general medical services;

(b) that the order is not for an oxygen concentrator; and

(c) that the Secretary of State is satisfied that—

(i) the use of electronic means in order to create, sign and transmit prescriptions (or whichever of those purposes is applicable) is appropriate for the purposes of a pilot scheme on the use of electronic prescribing in relation to the doctor and, where relevant, the chemist and the premises at which the prescription is dispensed; and

(ii) the particular electronic means used by the doctor and, where relevant, the chemist concerned are suitable for the purposes of such a pilot scheme. ” .

(4) In paragraph 43 (prescribing)—

(a) in sub-paragraph (1), after “by issuing to that patient a prescription form” insert “, or by issuing with the patient’s agreement a prescription form that contains data within the meaning of paragraph 1A(1)(a) and transmitting it by electronic means,”;

(b) in sub-paragraph (2), after “not by means of a stamp,” insert “or, where the prescription contains data within the meaning of paragraph 1A(1)(a), (b) or (c) by means of an electronic signature,”.

(5) In paragraph 44 (prescribing), in sub-paragraph (2)(c) after “the doctor endorses” omit “on the face of”.