The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2020

PART 7 Amendment of Schedule 7 to the PLPS Regulations

Amendment of Schedule 7 to the PLPS Regulations

23.  Schedule 7 to the PLPS Regulations (mandatory terms for LPS schemes) is amended in accordance with this Part.

Amendment of paragraph 7

24.  In paragraph 7(1) (refusal to provide drugs or appliances ordered), in sub-paragraph (2A), after “(or at all)” insert—

“, but where C does so, C must take all reasonable steps to ensure that the product ordered by the prescriber is supplied within a reasonable timescale, which may include (depending on what steps or combination of steps the circumstances require)—

(a) providing details of other LPS chemists or NHS pharmacists whose premises are situated in the same area and who may be able to provide the product ordered by the prescriber;

(b) urgent supply without a prescription in accordance with paragraph 4;

(c) arranging for the urgent provision of a non-electronic prescription form by the prescriber.”.

Amendment of paragraph 8

25.  In paragraph 8 (further activities to be carried out in connection with the provision of dispensing services), in sub-paragraph (1)(c), after “written note” insert “(which may be in an electronic form)”.

Amendment of paragraph 9

26.  In paragraph 9(2) (additional requirements in relation to electronic prescribing)—

(a) in sub-paragraph (1)—

(i) omit paragraph (a), and

(ii) in paragraph (b), for “not available” substitute “temporarily unavailable”; and

(b) in sub-paragraph (2), omit “Where the Electronic Prescription Service is available through C’s premises ,”.

Amendment of paragraph 13A

27.  In paragraph 13A(3) (accessing summary care records), for paragraphs (1) and (2) substitute—

“(1) An LPS chemist (C) must have access to summary care records at C’s scheme premises, and must ensure that the access that C has to summary care records at those premises is constant and reliable during the hours when the scheme premises are open to the public, in so far as that is within the control of C.

(2) C must access the summary information in a patient’s summary care record whenever C is providing local pharmaceutical services to the patient, to the extent that C, in the exercise of C’s clinical judgement, considers it appropriate to do so.”.

New paragraphs 13B and 13C

28.  After paragraph 13A (accessing summary care records) insert—

“Electronic Prescription Service access

13B.   An LPS chemist (C) must have access to the EPS at C’s scheme premises, and must ensure that the access that C has to the EPS at those premises is constant and reliable during the hours when the scheme premises are open to the public, in so far as that is within the control of C.

Contact via NHSmail and the Central Alerting System

13C.— (1) An LPS chemist (C) must ensure that pharmacy staff at listed premises (including locums) have access to, and are able to send and receive NHSmail from, a premises specific NHSmail account.

(2) C must ensure that at least two members of the pharmacy staff have live, linked NHSmail accounts to the premises specific NHSmail account (unless fewer than two members of the pharmacy staff are engaged in the provision of NHS services).

(3) As regards the Central Alerting System (CAS) operated by the Medicines and Healthcare products Regulatory Agency(4) (MHRA)—

(a) C must register C’s premises specific NHSmail address with MHRA as an address at which C is content to accept notifications as part of the CAS (unless they are content with the address already in the system);

(b) if C changes C’s premises specific NHSmail address, P must immediately notify MHRA of C’s new premises specific NHSmail address, in accordance with paragraph (a); and

(c) C must monitor C’s premises specific NHSmail account with sufficient frequency to ensure the safe and effective supply of medicinal products at or from C’s pharmacy premises, and must act on the alerts C receives as part of the CAS, as appropriate.”.

(1)

Paragraph 7 has been amended by S.I. 2018/1114 and 2019/990.

(2)

Amended by S.I. 2018/1114.

(3)

Inserted by S.I. 2016/296.

(4)

The Medicines and Healthcare products Regulatory Agency is an executive agency of the Department of Health and Social Care. Its address is 10 South Colonnade, Canary Wharf, London E14 4PU.