
1 
These Regulations may be cited as the National Health Service (General Medical Services, Pharmaceutical Services and Charges for Drugs and Appliances) (Scotland) Amendment Regulations 1996 and shall come into force on 1st July 1996.
2 

(1) The National Health Service (General Medical Services) (Scotland) Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
(2) In regulation 2(1) (interpretation) after the definition of“minor surgery services”, there shall be inserted the following:–“
 “nurse prescriber” means a nurse or health visitor of a description specified in paragraph (1A);”.
(3) After regulation 2(1), there shall be inserted the following new paragraph:–“
(1A) The specified description of nurse or health visitor mentioned in the definition of“nurse prescriber” in paragraph (1) is–
(a) a person who–
(i) is registered in Part 1 or 12 of the Register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting under section 10 of the Nurses, Midwives and Health Visitors Act 1979 (referred to below in this paragraph as“the professional register”); and
(ii) has a district nursing qualification additionally recorded in the professional register under rule 11 of the Nurses, Midwives and Health Visitors Rules 1983; and
(iii) is, at the time of ordering the listed drug or medicine or listed appliance, employed by a Health Board or an NHS trust as a district nurse, or employed as a nurse by a doctor whose name is included in a medical list; or
(b) a person who–
(i) is registered in Part 11 of the professional register as a health visitor; and
(ii) is, at the time of ordering the listed drug or medicine or listed appliance, employed by a Health Board or an NHS trust as a health visitor, or employed as a nurse by a doctor whose name is included in a medical list;
against whose name (in each case) is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances for patients.”.
(4) In Schedule 1 (terms of service for doctors)–
(a) in paragraph 1(d) at the end of the definition of“prescription form”, there shall be added the words–“or a form provided by the Board for issue by a nurse prescriber to enable a person to obtain such services”;
(b) in paragraph 29(2) at the beginning, there shall be inserted the words“Subject to paragraph 29A,”; and
(c) after paragraph 29 there shall be inserted the following new paragraph:–“
29A 

(1) Paragraph 29(2) does not apply to drugs, medicines or appliances ordered on a prescription form by a nurse prescriber.
(2) Where a patient presents an order on a prescription form for listed drugs or medicines, or listed appliances, signed by a nurse prescriber, to a doctor who is required under regulation 34 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.
(3) A drug supplied under this paragraph shall be provided in a suitable container.”.
3 

(1) The National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
(2) In regulation 2(1) (interpretation) after the definition of“non-proprietary name”, there shall be inserted the following:–“
 “nurse prescriber” means a nurse or health visitor of a description specified in paragraph (1A);”.
(3) After regulation 2(1), there shall be inserted the following new paragraph:–“
(1A) The specified description of nurse or health visitor mentioned in the definition of“nurse prescriber” in paragraph (1) is–
(a) a person who–
(i) is registered in Part 1 or 12 of the Register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting under section 10 of the Nurses, Midwives and Health Visitors Act 1979 (referred to below in this paragraph as“the professional register”); and
(ii) has a district nursing qualification additionally recorded in the professional register under rule 11 of the Nurses, Midwives and Health Visitors Rules 1983; and
(iii) is, at the time of ordering the listed drug or medicine or listed appliance, employed by a Health Board or an NHS trust as a district nurse, or employed as a nurse by a doctor whose name is included in a medical list; or
(b) a person who–
(i) is registered in Part 11 of the professional register as a health visitor; and
(ii) is, at the time of ordering the listed drug or medicine or listed appliance, employed by a Health Board or an NHS trust as a health visitor, or employed as a nurse by a doctor whose name is included in a medical list;
against whose name (in each case) is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances for patients.”.
(4) In Schedule 1 (terms of service for pharmacists)–
(a) in paragraph 1(a) at the end of the definition of“prescription form”, there shall be added the words–“or a form provided by the Board for issue by a nurse prescriber to enable a person to obtain such services”; and
(b) in paragraph 3–
(i) in sub-paragraph (1)(c), for the word“dentist,” there shall be substituted the words–“dentist; or
(d) an order for listed drugs or listed appliances, signed by a nurse prescriber,”;
(ii) in sub-paragraph (4), for the words“or a dentist”, there shall be substituted the words“, a dentist or a nurse prescriber”;
(iii) in sub-paragraph (6), for the words“or dentist” there shall be substituted the words“, dentist or nurse prescriber”;
(iv) in sub-paragraph (7), for the words“or dentist” there shall be substituted the words“, dentist or nurse prescriber”;
(v) in sub-paragraph (9), after the words“British Pharmaceutical Codex,” there shall be inserted the words“the British National Formulary (including any Appendix published as part of that Formulary),”; and
(vi) in sub-paragraph (11), after the word“doctor” in both places where it occurs there shall be inserted the words“or nurse prescriber”.
4 

(1) The National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1989 shall be amended in accordance with the following paragraphs of this regulation.
(2) In regulation 2(1) (interpretation)–
(a) after the definition of“the Medical Services Regulations”, there shall be inserted the following:–“
 “nurse prescriber” means a nurse or health visitor of a description specified in paragraph (1A);”; and
(b) in the definition of“prescription form”, after the words“terms of service”, there shall be inserted the following:–“
 , or by a nurse prescriber,”.
(3) After regulation 2(1), there shall be inserted the following new paragraph:–“
(1A) The specified description of nurse or health visitor mentioned in the definition of“nurse prescriber” in paragraph (1) is–
(a) a person who–
(i) is registered in Part 1 or 12 of the Register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting under section 10 of the Nurses, Midwives and Health Visitors Act 1979 (referred to below in this paragraph as“the professional register”); and
(ii) has a district nursing qualification additionally recorded in the professional register under rule 11 of the Nurses, Midwives and Health Visitors Rules 1983; and
(iii) is, at the time of ordering the listed drug or medicine or listed appliance, employed by a Health Board or an NHS trust as a district nurse, or employed as a nurse by a doctor whose name is included in a medical list; or
(b) a person who–
(i) is registered in Part 11 of the professional register as a health visitor; and
(ii) is, at the time of ordering the listed drug or medicine or listed appliance, employed by a Health Board or an NHS trust as a health visitor, or employed as a nurse by a doctor whose name is included in a medical list;
against whose name (in each case) is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances for patients.”.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
5th June 1996