Amendment of the Charges for Drugs and Appliances Regulations (Northern Ireland) 19973

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—

    1. a

      who is registered in the Nursing and Midwifery Register; and

    2. 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;

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—

    1. a

      who is registered in the register maintained by the General Optical Council in pursuance of section 7 of the Opticians Act 1989; and

    2. b

      against whose name in that register is recorded an annotation that he is qualified to order drugs, medicines and appliances as an optometrist independent prescriber;

f

after the definition of “patient” insert the following definition—

  • “pharmacist independent prescriber” means a person—

    1. a

      who is registered in the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976 or in Part 1 of the register maintained under Article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007; and

    2. b

      against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a pharmacist independent prescriber;

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—

    1. a

      includes a prescription form provided and issued under equivalent arrangements having effect in England, Scotland or Wales; and

    2. b

      does not include a repeatable prescription;

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—

    1. a

      is generated by a computer but signed by a repeatable prescriber; and

    2. b

      indicates that the drugs or appliances ordered on that form may be provided more than once, and specifies the number of occasions on which they may be provided; 

k

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

  • “supplementary prescriber” means a person—

    1. a

      whose name is registered in—

      1. i

        the Nursing and Midwifery Register,

      2. ii

        Part 1 of the Register of Pharmacists maintained under Article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007,

      3. iii

        the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976,

      4. iv

        the part of the register maintained by the Health Professions Council in pursuance of Article 5 of the Health Professions Order 2001 relating to—

        1. aa

          chiropodists and podiatrists;

        2. bb

          physiotherapists; or

        3. cc

          diagnostic or therapeutic radiographers; or

      5. v

        the register of optometrists maintained by the General Optical Council in pursuance of section 7 of the Opticians Act 1989; and

    2. b

      against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as a supplementary prescriber or, in the case of the Nursing and Midwifery Register, a nurse independent/supplementary prescriber;

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) 200423 and Schedule 2 to the Pharmaceutical Services Regulations (Northern Ireland) 1997;