PART 1 GENERAL

Citation, commencement, application and interpretation

1. —(1) These Regulations may be cited as the National Health Service (Primary Medical Services and Pharmaceutical Services) (Miscellaneous Amendments) Regulations 2006 and shall come into force on 24th July 2006.

(2) These Regulations apply in relation to England only.

(3) In these Regulations—

“GMS Contracts Regulations” means the National Health Service (General Medical Services Contracts) Regulations 2004( 2 );

“PMS Agreements Regulations” means the National Health Service (Personal Medical Services Agreements) Regulations 2004( 3 ); and

“Pharmaceutical Regulations” means the National Health Service (Pharmaceutical Services) Regulations 2005( 4 ).

PART 2 AMENDMENT OF THE GMS CONTRACTS REGULATIONS

Amendment of regulation 2 of the GMS Contracts Regulations

2. In regulation 2(1) (interpretation) of the GMS Contracts Regulations—

(a) in the definition of “independent nurse prescriber”, for sub-paragraph (c) substitute the following sub-paragraph—

“ (c) against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a community practitioner nurse prescriber, a nurse independent prescriber or as a nurse independent/supplementary prescriber; ” ;

(b) insert the following definition at the appropriate place in the alphabetical order—

“ “pharmacist independent prescriber” means a person—

(c) in the definition of “prescriber”, after sub-paragraph (a) insert the following sub-paragraph—

“ (aa) a pharmacist independent prescriber, ” ; and

(d) in the definition of “supplementary prescriber”, in sub-paragraph (c), after “prescriber” insert “or, in the case of the Nursing and Midwifery Register, a nurse independent/supplementary prescriber”.

Amendment of Schedule 6 to the GMS Contracts Regulations

3. In Schedule 6 (other contractual terms) to the GMS Contracts Regulations—

(a) in paragraph 50(3) and (4) (terms relating to the provision of dispensing services), after “independent nurse prescriber” at each place where it occurs (four times), insert “or a pharmacist independent prescriber”;

(b) in paragraph 53(2) (qualifications of performers)—

(i) omit the final “or” in paragraph (b);

(ii) in paragraph (c) for “began.” substitute “began; or”; and

(iii) after paragraph (c), add the following paragraph—

“ (d) a medical practitioner, who—

(i) is not a GP Registrar;

(ii) is undertaking a programme of post-registration supervised clinical practice supervised by the Postgraduate Medical Education and Training Board (“a post-registration programme”);

(iii) has notified the Primary Care Trust that he will be undertaking part or all of a post-registration programme in its area at least 24 hours before commencing any part of that programme taking place in the Primary Care Trust’s area; and

(iv) has, with that notification, provided the Primary Care Trust with evidence sufficient for it to satisfy itself that he is undergoing a post-registration programme,

but only in so far as any medical services that the medical practitioner performs constitute part of a post-registration programme. ” ;

(c) in paragraph 59(1) (which relates to conditions for employment and engagement), after the word “contract”, insert “, other than a medical practitioner falling within paragraph 53(2)(d),”;

(d) in paragraphs 65(1) and (2) (which relate to independent nurse prescribers and supplementary prescribers), after “independent nurse prescriber”, at each place where it occurs (seven times), insert “, a pharmacist independent prescriber”; and

(e) in the heading for paragraph 65, after “independent nurse prescribers” insert “, pharmacist independent prescribers”.

PART 3 AMENDMENT OF THE PMS AGREEMENTS REGULATIONS

Amendment of regulation 2 of the PMS Agreements Regulations

4. In regulation 2(1) (interpretation) of the PMS Agreements Regulations—

(a) in the definition of “independent nurse prescriber”, for sub-paragraph (c) substitute the following sub-paragraph—

“ (c) against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a community practitioner nurse prescriber, a nurse independent prescriber or as a nurse independent/supplementary prescriber; ” ;

(b) insert the following definition at the appropriate place in the alphabetical order—

“ “pharmacist independent prescriber” means a person—

(c) in the definition of “prescriber”, after sub-paragraph (a) insert the following sub-paragraph—

“ (aa) a pharmacist independent prescriber, ” ; and

(d) in the definition of “supplementary prescriber”, in sub-paragraph (c), after “prescriber” insert “or, in the case of the Nursing and Midwifery Register, a nurse independent/supplementary prescriber”.

Amendment of Schedule 5 to the PMS Agreements Regulations

5. In Schedule 5 (other contractual terms) to the PMS Agreements Regulations—

(a) in paragraph 50(3) and (4) (terms relating to the provision of dispensing services), after “independent nurse prescriber” at each place where it occurs (four times), insert “or a pharmacist independent prescriber”;

(b) in paragraph 53(2) (qualifications of performers)—

(i) omit the final “or” in paragraph (b);

(ii) in paragraph (c) for “began.” substitute “began; or”; and

(iii) after paragraph (c), add the following paragraph—

“ (d) a medical practitioner, who—

(i) is not a GP Registrar;

(ii) is undertaking a programme of post-registration supervised clinical practice supervised by the Postgraduate Medical Education and Training Board (“a post-registration programme”);

(iii) has notified the Primary Care Trust that he will be undertaking part or all of a post-registration programme in its area at least 24 hours before commencing any part of that programme taking place in that the Primary Care Trust’s area; and

(iv) has, with that notification, provided the Primary Care Trust with evidence sufficient for it to satisfy itself that he is undertaking a post-registration programme,

but only in so far as any medical services that the medical practitioner performs constitute part of a post-registration programme. ” ;

(c) in paragraph 59(1) (which relates to conditions for employment and engagement), after the word “agreement”, insert “, other than a medical practitioner falling within paragraph 53(2)(d),”;

(d) in paragraphs 65(2) and (3) (which relate to independent nurse prescribers and supplementary prescribers), after “independent nurse prescriber”, at each place where it occurs (seven times), insert “, a pharmacist independent prescriber”; and

(e) in the heading for paragraph 65, after “independent nurse prescribers” insert “, pharmacist independent prescribers”.

PART 4 AMENDMENT OF THE PHARMACEUTICAL REGULATIONS

Amendment of regulation 2 of the Pharmaceutical Regulations

6. In regulation 2 (1) (interpretation) of the Pharmaceutical Regulations—

(a) in the definition of “PMS contractor”, for “Primary Care Trust or a Strategic Health Authority” substitute “relevant body”, and

(b) insert the following definition in the appropriate place in the alphabetical order—

“ “relevant body”, in relation to the definition of a PMS contractor, means—

Amendment of Schedule 2 to the Pharmaceutical Regulations

7. In Schedule 2 (terms of service of dispensing doctors) to the Pharmaceutical Regulations, in paragraph 8 (fees and charges), for paragraph 8(2) substitute—

“ (2) Where a dispensing doctor provides a drug or appliance under pharmaceutical services or provides any additional service associated with the dispensing of such drugs and appliances in accordance with an agreement with the Primary Care Trust—

(a) in accordance with this Schedule or an agreement with the Primary Care Trust; and

(b) had the drug, appliance or additional service been provided by a contractor providing dispensing services under a GMS contract, the contractor would have been entitled, by virtue of directions given by the Secretary of State under section 28T of the Act, to a payment—

(i) in respect of the drug or appliance; or

(ii) in respect of the additional service provision,

• the Primary Care Trust shall credit him with the payment. ” .