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Statutory Instruments

2015 No. 139

National Health Service, England And Wales

The National Health Service (Cross-Border Healthcare) (Amendment) Regulations 2015

Made

4th February 2015

Laid before Parliament

11th February 2015

Coming into force

27th March 2015

The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 ( 1 ), makes the following Regulations.

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the National Health Service( 2 ).

Citation, commencement and extent

1. —(1) These Regulations may be cited as the National Health Service (Cross-Border Healthcare) (Amendment) Regulations 2015 and come into force on 27th March 2015.

(2) These Regulations extend to England and Wales only.

Amendments to the National Health Service (Cross-Border Healthcare) Regulations 2013

2. —(1)The National Health Service (Cross-Border Healthcare) Regulations 2013( 3 ) are amended as follows.

(2) After regulation 4 (NCP: information about treatment in another member State) insert—

NCP: information about prescriptions intended to be used in another member State

4A. The NCP must make available to patients information about the elements, specified in the Schedule, to be included in a prescription which is—

(a) issued in one member State, and

(b) intended to be used in another member State.

(3) Insert the following Schedule—

SCHEDULE Elements that must be included in prescriptions intended to be used in another member State

1. The patient’s—

(a) surname,

(b) first names, and

(c) date of birth.

2. The issue date of the prescription.

3. The prescribing professional’s—

(a) surname,

(b) first names,

(c) professional qualification,

(d) direct contact details including—

(i) email address, and

(ii) telephone or fax number with the appropriate international prefix,

(e) work address,

(f) member State in which the professional works,

(g) signature (either written or electronic depending on the medium chosen for issuing the prescription).

4. The details of the prescribed product, including where applicable the—

(a) common name as defined by Article 1 of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (“ Directive 2001/83/EC ”) ( 4 ) ,

(b) brand name if—

(i) the prescribed product is a biological medicinal product, as defined in point 3.2.1.1.(b) of Annex I (Part I) to Directive 2001/83/EC , or

(ii) the prescribing professional deems it medically necessary for that product to be dispensed and, in that case, the prescribing professional’s reasons justifying the use of the brand name,

(c) pharmaceutical formulation (such as tablet, solution etc ),

(d) quantity,

(e) strength, as defined in Article 1 of Directive 2001/83/EC , and

(f) dosage regimen.

Signed by authority of the Secretary of State for Health.

Earl Howe

Parliamentary Under-Secretary of State,

Department of Health

4th February 2015

( 1 )

1972 c.68 . Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51) , section 27(1)(a), and by the European Union (Amendment) Act 2008 (c.7) , section 3(3) and Part 1 of the Schedule.

( 4 )

OJ No L311, 28.11.2001, p.67. Directive 2001/83/EC was last amended by Directive 2012/26/EU (OJ No L299, 27.10.2012, p.1).

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The National Health Service (Cross-Border Healthcare) (Amendment) Regulations 2015 (2015/139)

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