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National Appeal Panel and Pharmacy Practices Committees

National Appeal Panel and Pharmacy Practices Committees. Training 16 October 2002. Control of Entry to the Pharmaceutical List The Legislative Framework. The National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 Operative 31 March 1995. The 1995 Regulations

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National Appeal Panel and Pharmacy Practices Committees

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  1. National Appeal PanelandPharmacy Practices Committees Training 16 October 2002 NHSS CLO

  2. Control of Entry to the Pharmaceutical List The Legislative Framework NHSS CLO

  3. The National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 Operative 31 March 1995 NHSS CLO

  4. The 1995 Regulations Structure and Content • Regulations 1-13 • Schedules • 1 – Terms of service for pharmacists • 2 – Forms • 3 – Procedure on applications under Regulation 5(10) • 4 – Part 1 – Pharmacy Practices Committee Part 2 – National Appeal Panel • 5 – Revocations NHSS CLO

  5. Application for Entry to the Pharmaceutical List Regulation 5 – Pharmaceutical List • 5(1) – The Pharmaceutical List • 5(2) – Form A / Form A (MR) • 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. Minor Relocations • Regulation 5(4)(a) – “… relocate .. within the neighbourhood … from the premises already listed .. to .. provide … the same pharmaceutical services … as .. from .. existing premises.” • (b) – The application shall be granted • If “ … satisfied that relocation is a minor relocation …” • (c) – Non interruption condition – para (5) NHSS CLO

  7. Minor Relocations • Regulation 5(6) – “ … no significant change in the neighbourhood population ..” and “ .. no appreciable effect on the pharmaceutical services provided by .. Applicant or any other person .. included in the Pharmaceutical List …” • Regulation 5(7) – views of the Area Pharmaceutical Committee and most senior pharmaceutical adviser • Regulation 5(8) – written notification with reasons NHSS CLO

  8. Minor Relocations – Case Study • Decision of the Inner House of the Court of Session • Boots the Chemist Ltd v Ayrshire and Arran Primary Care NHS Trust • 15 December 2000 NHSS CLO

  9. Control of Entry – Procedures in terms of the Regulations • Regulation 5(10) – Reference to procedures in Schedule 3 • Schedule 3:- • 1 – Receipt and notification of applications • 2 – Determination of applications • 3 – Notification of decisions • 4 – Appeals NHSS CLO

  10. The Pharmacy Practices Committee • Schedule 3 • Para 2(6) • Functions of the Board or Primary Care NHS Trust .. shall be exercised by the Pharmacy Practices Committee NHSS CLO

  11. The Pharmacy Practices Committee • Schedule 4 • 1 – Establishment • 2 – Functions – Regulation 5(10) and Schedule 3 Para 2 • 3 – Membership • 4 – Declaration of interest • 5 – Quorum • 6 – Voting NHSS CLO

  12. Determining the Application • Schedule 3 – Para 2(2) • Determine an application as PPC thinks fit • In accordance with the Schedule • Schedule 3 – Para 2(1) • Information / representations to which the PPC shall have regard in determining the application NHSS CLO

  13. Practical Considerations • Strict adherence to the Regulations • Preparation of information file • Consideration of site visit • The type of meeting – oral representations • Fixing the meeting – notice • Conducting the hearing – use of the guidance notes NHSS CLO

  14. Drafting the Decision • The key role of the administrator • The value of minutes • Using “the checklist” • Liaison – Chairperson/Administrator • Notifying Parties of the Committee’s decision NHSS CLO

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