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Entry to the Pharmaceutical List

Entry to the Pharmaceutical List. A Regulatory Framework. The National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995. In force 31 March 1995. NHS Circular : Gen (1987) 14.

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Entry to the Pharmaceutical List

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  1. Entry to the Pharmaceutical List A Regulatory Framework

  2. The National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 In force 31 March 1995

  3. NHS Circular : Gen (1987) 14 • “a mechanism whereby the number of premises with NHS contracts for the provision of pharmaceutical services…would be determined as closely as possible by reference to the needs of the local population for those services….the main determinant of whether an additional contract for new premises would be awarded ..” NHSS CLO

  4. The 1995 Regulations • Regulations 1 – 13 • Schedules • 1 – Terms of Service for Pharmacists • 2 – Forms • 3 – Procedure on Applications under Regulation 5 (10) • 4 – Part 1 – PPC, Part 2 – NAP NHSS CLO

  5. Regulations 5 and 6 • 5 (1) – The Pharmaceutical List • 5(2) – Forms • 5(10) – “The provision of pharmaceutical services at the premises named on the application is necessary or desirable in order to secure adequate provision of pharmaceutical services in the neighbourhood in which the premises are located…” • 6 – Provisional Pharmaceutical List NHSS CLO

  6. 5 (10) – Procedures • Schedule 3:- • 1 – Receipt and Notification of Applications • 2 – Determination of Applications • 3 – Notification of Decisions • 4 - Appeals NHSS CLO

  7. Determining the Application • Schedule 3 – para 2 • Determine as “thinks fit” • Information and representations to take into account • Discretion NHSS CLO

  8. The Importance of the Written Decision • Information considered • Legal test properly applied • Voice of the PPC - no representation at NAP hearing • Considered by NAP and, possibly, Court NHSS CLO

  9. Schedule 4 – part 1 • 1 – Establishment of the PPC • 2 – Functions – Regulation 5(10) and Schedule 3 Para 2 • 3 – Membership • 4 – Declaration of interest • 5 – Quorum • 6 – Voting • Schedule 4 – part 2 - NAP NHSS CLO

  10. The Key Role of Members • Preparation for the hearing • Conduct of the hearing • The process of decision making NHSS CLO

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