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Pharmaceutical Services A Changing Landscape

Pharmaceutical Services A Changing Landscape. DDA Conference Paul Burns – 14 November 2009. NHS Act 2006. – sections 126-167 generally: PCTs are required to secure, on the basis of Regulations made by the SoS, the provision of services to people in their area of medicines etc.

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Pharmaceutical Services A Changing Landscape

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  1. Pharmaceutical ServicesA Changing Landscape DDA Conference Paul Burns – 14 November 2009

  2. NHS Act 2006 – sections 126-167 generally: PCTs are required to secure, on the basis of Regulations made by the SoS, the provision of services to people in their area of medicines etc.

  3. NHS (Pharmaceutical Services) Regulations 2005 In England, the 2005 Regulations set out requirements on PCTs to keep: • Pharmaceutical Lists, and • Lists of GPs providing PhS, inc. premises • Consolidation & revision of previous (1992): • retaining basic concepts, but • Amendments for ‘Pharmacy Control of Entry’ & • Implemented agreements for ‘controlled localities’

  4. Health Bill 2009 The purpose of the pharmacy provisions contained in the Bill is threefold: • replace the current “control of entry” test with a new test requiring PCTs to have statements of pharmaceutical needs (PNA) and then to use these to determine applications. • market exit provisions to enable PCTs to take action where there are concerns about the quality or performance of services provided by pharmacy contractors • enable PCTs themselves to provide local pharmaceutical services (LPS) in certain circumstances. • SUBJECT TO PARLIAMENTARY APPROVAL

  5. Advisory Group • Chairman (secretariat) • NHS Employers • Patients Association • National Voices • PSNC • BHTA • BMA/GPC

  6. Outline Timetable/PNA Regulations: • Commons/Lords/Royal Assent – Nov. 09 • Nov. 09 – Draft Regulations on PNAs • Dec. 09 – Feb. 2010 – consult on draft Regs* • April 2010 – PNA Regs. in force • Feb. 2011 – PCTs to publish 1st PNA • *Guidance

  7. Outline Timetable/Regulations for determining PhS: • April 2010 – PNAs req. introduced into 2005 Regs • Sept. 2010 – Draft ‘Main’ Regs. • Oct.-Dec. 2010 – Consultation on ‘Main’ Regs • April 2011 – Regulations in force, which: • will replace ‘Control of Entry’ in 2005 Regulations

  8. Overview of The Bill • Pharmacy provisions in clauses 25 – 29 • Clause 25 creates a new duty in the NHS Act for all PCTs in England in respect of their assessments of pharmaceutical needs, commonly known as pharmaceutical needs assessments • Clause 25 is Section 128A of the NHS Act 2006, which has 3 sub-sections:-

  9. (Clause 25) Section 128ASubsection(1) states: (1) Each Primary Care Trust must in accordance with regulations- (i) assess needs for pharmaceutical services in its area; and (ii) publish a statement of its first assessment and of any revised assessment.

  10. (Clause 25) Section 128A Subsection(2) states: The regulations must make provision— (a)   as to information which must be contained in a statement; (b)   as to the extent to which an assessment must take account of likely future needs; (c)   specifying the date by which a Primary Care Trust must publish the statement of its first assessment; (d)   as to the circumstances in which a Primary Care Trust must make a new assessment.

  11. (Clause 25) Section 128A Subsection(3) states: The regulations may in particular make provision— (a)   as to the pharmaceutical services to which an assessment must relate; (b)   requiring a Primary Care Trust to consult specified persons about specified matters when making an assessment; (c)   as to the manner in which an assessment is to be made; (d)   as to matters to which a Primary Care Trust must have regard when making an assessment.

  12. Supporting Publications • January 2009 – NHS Employers • First in a series providing guidance on PNAs • March 2009 – Dept. Health guidance for PCTs on commissioning pharmaceutical services Improving Pharmaceutical Services as part of the World Class Commissioning in Primary Care programme. • July 2009 – NHS Employers ‘toolkit’ for PCTs on how to produce PNAs

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