NATIONAL HEALTH SERVICE, ENGLAND Citation, commencement and extent 1 1 These Regulations may be cited as the National Health Service (Pharmaceutical Services) and (General Medical Services) (No. 2) Amendment Regulations 2002 and shall come into force on 1st April 2002. 2 These Regulations extend to England only . Amendment of the National Health Service (Pharmaceutical Services) Regulations 1992 2 1 The National Health Service (Pharmaceutical Services) Regulations 1992 are amended as follows. 2 In paragraph (1) of regulation 2 (interpretation)— a in the definition of “dispensing doctor list” , for “regulation 11” substitute “regulation 21B” ; b omit the definition of “listed drugs” ; c for the definition of “nurse prescriber” substitute— “nurse prescriber” means a person who is registered in Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the register maintained by the Nursing and Midwifery Council pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001 and against whose name is recorded in that register an annotation signifying that he is qualified to order drugs, medicines and appliances for patients; ; and d after the definition of “Remission of Charges Regulations” insert— “restricted availability appliance” means an appliance which is approved for particular categories of persons or particular purposes only; . 3 Omit paragraphs (1A) and (1C) of regulation 2. 4 In regulation 18(1) (standards of, and payments for, drugs and appliances), in sub-paragraph (a), at the end, insert “and, in the case of a restricted availability appliance, the categories of persons for whom or purposes for which the appliance is approved”. 5 In regulation 19 (provision of pharmaceutical services for immediate treatment or personal administration), at the end add “but shall, in either case, provide a restricted availability appliance only if it is for a person or a purpose specified in the Drug Tariff.”. 6 In Schedule 2 (terms of service)— a in paragraph 3(1) — i in sub-paragraph (a), after “or appliances,” insert “not being restricted availability appliances,”; ii after sub-paragraph (b), insert— bb an order for a restricted availability appliance, signed by and endorsed on its face with the reference “SLS” by a doctor; or ; iii for sub-paragraph (d), substitute— d an order for drugs or medicines, or listed appliances, not being restricted availability appliances, signed by a nurse prescriber ; and iv after sub-paragraph (d), insert— or e an order for a restricted availability appliance, signed by and endorsed on its face with the reference “SLS” by a nurse prescriber, b in paragraph 11 — i in sub-paragraph (b), delete “and”; ii in sub-paragraph (c), at the end, insert “; and”; and iii after sub-paragraph (c), add— d he shall provide for the patient a restricted availability appliance only if the patient is a person, or it is for a purpose, specified in the Drug Tariff. ; c in paragraph 11A — i for sub-paragraph (2), substitute— 2 Where a patient presents an order on a prescription form for drugs or medicines or listed appliances signed by a nurse prescriber, or an order for a restricted availability appliance signed by and endorsed on its face with the reference “SLS” by a nurse prescriber, to a doctor who is authorised or required by regulation 20 to provide drugs or appliances to that patient, the doctor may provide to the patient such of the drugs, medicines or appliances so ordered as he supplies in the normal course of his practice. ; and ii in sub-paragraph (3), omit the word “listed” the first time it occurs; d in paragraph 11B , omit the word “listed” the second time it occurs. e in paragraph 12(2), after “in this paragraph”; insert “or paragraph 11” and, after “a scheduled drug”, insert “or a restricted availability appliance”. Amendment of the National Health Service (General Medical Services) Regulations 1992 3 1 Schedule 2 to the National Health Service (General Medical Services) Regulations 1992 (terms of service for Doctors) is amended as follows. 2 In paragraph 1 (interpretation), after the definition of “chemical reagent” insert— “restricted availability appliance” means an appliance which is approved for particular categories of persons or particular purposes only; 3 In paragraph 43, in sub-paragraph (5), omit the words “or an appliance” and after that sub-paragraph add— 6 In a case of urgency a doctor may request a chemist to dispense an appliance before a prescription form is issued only if— a that appliance does not contain a Scheduled drug or a controlled drug within the meaning of the Misuse of Drugs Act 1971, other than a drug which is for the time being specified in Schedule 5 to the Misuse of Drugs Regulations 1985; b in the case of a restricted availability appliance, the patient is a person, or it is for a purpose, specified in the Drug Tariff; and c he undertakes to furnish the chemist, within 72 hours, with a prescription form completed in accordance with sub-paragraph (2). 4 In paragraph 44, after sub-paragraph (2), add— 3 In the course of treating such a patient a doctor shall not order on a prescription form a restricted availability appliance unless— a the patient is a person, or it is for a purpose, specified in the Drug Tariff; and b the doctor endorses the face of the form with the reference “SLS”, but may otherwise prescribe such an appliance for that patient in the course of that treatment. . Signed by authority of the Secretary of State for Health Hunt Parliamentary Under Secretary of State, Department of Health 10th March 2002