Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 6th June 2009.

(2) In these Regulations—

(a)“the Pharmaceutical Regulations” means the Pharmaceutical Services Regulations (Northern Ireland) 1997(3).

(b)“the Charges for Drugs and Appliances Regulations” means the Charges for Drugs and Appliances Regulations (Northern Ireland) 1997(4).

Amendment of the Pharmaceutical Services Regulations (Northern Ireland) 1997

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

(2) In regulation 2(1) (interpretation)—

(a)in the definition of “independent nurse prescriber”(5), for sub-paragraph (b) substitute the following sub-paragraph—

“(b)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 a nurse independent/supplementary prescriber;”;

(b)omit the definition of “nurses and midwives’ professional register”(6);

(c)for the definition of “Nursing and Midwifery Register”(7) substitute the following definition—

““Nursing and Midwifery Register” means the register maintained by the Nursing and Midwifery Council under Article 5 of the Nursing and Midwifery Order 2001(8);”;

(d)after the definition of “obstetric list” insert the following definition—

““optometrist independent prescriber” means a person—

(e)after the definition of “pharmacist” insert the following definition—

““pharmacist independent prescriber” means a person—

(f)for the definition of “prescriber”(12) substitute—

““prescriber” means a doctor, dentist, an independent nurse prescriber, an optometrist independent prescriber, a pharmacist independent prescriber or a supplementary prescriber;”;

(g)for the definition of “prescription form”(13), substitute—

““prescription form” means a form provided by the RBSO and issued by a prescriber to enable a person to obtain pharmaceutical services and—

(h)in the definition of “relevant register”(14), for sub-paragraph (b) substitute the following sub-paragraph—

“(b)in relation to a pharmacist, the register maintained under Article 10(1) (the Register of Pharmacists) of the Pharmacists and Pharmacy Technicians Order 2007 or the register maintained in pursuance of Articles 6 (the registers) and 9 (the registrar) of the Pharmacy (Northern Ireland) Order 1976;”;

(i)in the definition of “repeatable prescriber”(15), insert the following sub-paragraph—

“(c)employed or engaged by the Regional Board or HSC trust to provide repeatable prescribing services.”;

(j)for the definition of “supplementary prescriber”(16) substitute the following definition—

““supplementary prescriber” means a person—

Amendment of the Charges for Drugs and Appliances Regulations (Northern Ireland) 1997

3.—(1) The Charges for Drugs and Appliances Regulations are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a)omit the definition of “Agency”;

(b)for the definition of “independent nurse prescriber”(18) substitute the following definition—

““independent nurse prescriber” means a person—

(c)omit the definition of “medical list”;

(d)for the definition of “nurses and midwives’ professional register”(19) substitute the following definition—

““Nursing and Midwifery Register” means the register maintained by the Nursing and Midwifery Council under Article 5 of the Nursing and Midwifery Order 2001;”;

(e)after the definition of “Nursing and Midwifery Register” insert the following definition—

““optometrist independent prescriber” means a person—

(f)after the definition of “patient” insert the following definition—

““pharmacist independent prescriber” means a person—

(g)after the definition of “pre-payment certificate” insert the following—

““prescriber” means a doctor, dentist, an independent nurse prescriber, an optometrist independent prescriber, a pharmacist independent prescriber or a supplementary prescriber;”;

(h)for the definition of “prescription form”(20), substitute—

““prescription form” means a form provided by the RBSO and issued by a prescriber to enable a person to obtain pharmaceutical services and—

(i)after the definition of “repeat dispensing services” insert the following—

““repeatable prescriber” has the same meaning as in the Pharmaceutical Services Regulations (Northern Ireland) 1997;”;

(j)for the definition of “repeatable prescription”(21) substitute the following definition—

““repeatable prescription” means a prescription contained in a form provided by the RBSO and issued by a repeatable prescriber to enable a person to obtain pharmaceutical services, and which—

(k)for the definition of “supplementary prescriber”(22) substitute the following definition—

““supplementary prescriber” means a person—

(l)in the definition of “terms of service”, for sub-paragraph (a) substitute the following sub-paragraph—

“(a)in relation to doctors, the terms of service contained or referred to in the Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004(23) and Schedule 2 to the Pharmaceutical Services Regulations (Northern Ireland) 1997;”.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 13th May 2009

Christine Jendoubi

A senior officer of the Department of Health, Social Services and Public Safety

Sealed with the Official Seal of the Department of Finance and Personnel insofar as the foregoing Regulations relate to pharmaceutical services on 13th May 2009

Mary McIvor

A senior officer of the Department of Finance and Personnel

The Department of Finance and Personnel hereby approves the foregoing Regulations insofar as they relate to Charges for Drugs and Appliances.

Sealed with the Official Seal of the Department of Finance and Personnel on 13th May 2009

Mary McIvor

A senior officer of the Department of Finance and Personnel

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Pharmaceutical Services Regulations (Northern Ireland) 1997 and the Charges for Drugs and Appliances Regulations (Northern Ireland) 1997. The changes arise out of new arrangements for the independent prescribing of drugs and appliances by nurses, opticians and pharmacists. Independent nurse prescribers, unless they are community practitioner nurse prescribers, will no longer be limited to prescribing from a particular formulary, and nor will the new categories of independent prescribers known as optometrist independent prescriber or pharmacist independent prescriber.

Regulation 2 amends the Pharmaceutical Regulations by substituting sub-paragraph (b) in the definition of “independent nurse prescriber”, omitting the definition of “nurses and midwives’ professional register”, substituting a new definition of “Nursing and Midwifery Register”, inserting a new definition of “optometrist independent prescriber”, inserting a new definition of “pharmacist independent prescriber”, substituting a new definition of “prescriber”, substituting a new definition of “prescription form”, substituting sub-paragraph (b) in the definition of “relevant register”, inserting a new sub-paragraph (c) in the definition of “repeatable prescriber” and substituting a new definition of “supplementary prescriber” which includes chiropodists and podiatrists, physiotherapists, diagnostic or therapeutic radiographers and optometrists.

Regulation 3 amends the Charges Regulations by omitting the definition of “Agency”, substituting a new definition of “independent nurse prescriber”, omitting the definition of “medical list”, substituting a new definition of “Nursing and Midwifery Register” in place of the existing definition of “nurses and midwives’ professional register”, inserting a new definition of “optometrist independent prescriber”, inserting a new definition of “pharmacist independent prescriber”, inserting a new definition of “prescriber”, substituting a new definition of “prescription form”, inserting a new definition of “repeatable prescriber”, substituting a new definition of “repeatable prescription”, substituting a new definition of “supplementary prescriber” which includes chiropodists and podiatrists, physiotherapists, diagnostic or therapeutic radiographers and optometrists and substituting a new sub-paragraph (a) in the definition of “terms of service”.