The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment) (No. 2) Regulations 2026
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Change 1
6 New regulation 66A
After regulation 66 (conditions relating to providing directed services), insert— Conditions relating to independent prescribing 66A (1) It is a condition of the inclusion of each NHS pharmacist in a pharmaceutical list that the NHS pharmacist must not provide a drug or appliance that is ordered on a prescription form by a prescriber who is or who is employed or engaged by the NHS pharmacist, except as provided for by this regulation. (2) An NHS pharmacist may provide a drug or appliance that is ordered on a prescription form by a prescriber who is or who is employed or engaged by the NHS pharmacist where— (a) the drug or appliance is provided as part of a directed service; (b) the terms on which the arrangements are made for the provision of the directed service allow for the provision, by the NHS pharmacist, of a drug or appliance ordered on a prescription form by a prescriber who is or who is employed or engaged by the NHS pharmacist; and (c) any conditions that are part of those arrangements and that relate to the ordering on a prescription form of a drug or appliance by a prescriber who is or who is employed or engaged by the NHS pharmacist, or to the provision of a drug or appliance in accordance with a prescription of such a prescriber, are met. (3) An NHS pharmacist may, as part of an essential service, provide a drug or appliance that is ordered on a prescription form by a prescriber (P) who is or who is employed or engaged by the NHS pharmacist only if— (a) the NHS pharmacist is also the provider of a directed service as part of which P is entitled to order drugs or appliances on a prescription form; (b) the NHS pharmacist has in place standard operating procedures that relate to prescribing and dispensing drugs or appliances on the same pharmacy premises and to carrying out best interests assessments prior to prescribing at those premises; (c) the order by P replaces an order by a prescriber who is or who is employed or engaged by a provider of primary medical services and it replaces that order with the agreement of the provider of primary medical services (the agreement may relate to the replacement of a specific order or to replacement of a pre-arranged category of orders, where the specific order is within that category); (d) the order by P is on an electronic prescription form and is for a prescription only medicine, the ordering of which is not restricted under the Prescription of Drugs Regulations; and (e) before placing the order, P carries out a best interests assessment, and the placing of the order is in accordance with that best interests assessment. (4) For the purposes of paragraph (3), a best interests assessment is an assessment that an order for a drug or appliance is— (a) clinically appropriate and in the best interests of the patient for whom the drug or appliance is ordered; (b) consistent with best practice within the health service with regard to obtaining value for money for the health service; and (c) in all other respects professionally appropriate. (5) No pharmaceutical remuneration is payable in respect of the provision of a drug or appliance that is ordered on a prescription form by a prescriber who is or who is employed or engaged by the NHS pharmacist who claims the pharmaceutical remuneration, where such provision is, in the opinion of NHS England, otherwise than as provided for by this regulation. .
6 New regulation 66A
After regulation 66 (conditions relating to providing directed services), insert— Conditions relating to independent prescribing 66A (1) It is a condition of the inclusion of each NHS pharmacist in a pharmaceutical list that the NHS pharmacist must not provide a drug or appliance that is ordered on a prescription form by a prescriber who is or who is employed or engaged by the NHS pharmacist, except as provided for by this regulation. (2) An NHS pharmacist may provide a drug or appliance that is ordered on a prescription form by a prescriber who is or who is employed or engaged by the NHS pharmacist where— (a) the drug or appliance is provided as part of a directed service; (b) the terms on which the arrangements are made for the provision of the directed service allow for the provision, by the NHS pharmacist, of a drug or appliance ordered on a prescription form by a prescriber who is or who is employed or engaged by the NHS pharmacist; and (c) any conditions that are part of those arrangements and that relate to the ordering on a prescription form of a drug or appliance by a prescriber who is or who is employed or engaged by the NHS pharmacist, or to the provision of a drug or appliance in accordance with a prescription of such a prescriber, are met. (3) An NHS pharmacist may, as part of an essential service, provide a drug or appliance that is ordered on a prescription form by a prescriber (P) who is or who is employed or engaged by the NHS pharmacist only if— (a) the NHS pharmacist is also the provider of a directed service as part of which P is entitled to order drugs or appliances on a prescription form; (b) the NHS pharmacist has in place standard operating procedures that relate to prescribing and dispensing drugs or appliances on the same pharmacy premises and to carrying out best interests assessments prior to prescribing at those premises; (c) the order by P replaces an order by a prescriber who is or who is employed or engaged by a provider of primary medical services and it replaces that order with the agreement of the provider of primary medical services (the agreement may relate to the replacement of a specific order or to replacement of a pre-arranged category of orders, where the specific order is within that category); (d) the order by P is on an electronic prescription form and is for a prescription only medicine, the ordering of which is not restricted under the Prescription of Drugs Regulations; and (e) before placing the order, P carries out a best interests assessment, and the placing of the order is in accordance with that best interests assessment. (4) For the purposes of paragraph (3), a best interests assessment is an assessment that an order for a drug or appliance is— (a) clinically appropriate and in the best interests of the patient for whom the drug or appliance is ordered; (b) consistent with best practice within the health service with regard to obtaining value for money for the health service; and (c) in all other respects professionally appropriate. (5) No pharmaceutical remuneration is payable in respect of the provision of a drug or appliance that is ordered on a prescription form by a prescriber who is or who is employed or engaged by the NHS pharmacist who claims the pharmaceutical remuneration, where such provision is, in the opinion of NHS England, otherwise than as provided for by this regulation. .
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