Statutory Instrument 1992 No. 191 (S.14)

The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment Regulations 1992

---

© Crown Copyright 1992

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment Regulations 1992, ISBN 0110231910. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1992 No. 191 (S.14)

NATIONAL HEALTH SERVICE, SCOTLAND

The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment Regulations 1992

The Secretary of State, in exercise of the powers conferred on him by sections 27, 28, 105(7) and 108(1) of the National Health Service (Scotland) Act 1978^[1], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment Regulations 1992 and shall come into force on 28th February 1992.

    (2)  In these Regulations "the principal Regulations" means the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974^[2].

Amendment to the principal Regulations
    2.—(1)  Regulation 27 (terms of service) of the principal Regulations shall be amended in accordance with this regulation.

    (2)  At the end of sub-paragraph (b) of paragraph (1) there shall be inserted the following:—
"; and

(c) subject to paragraph (6), the provision of hypodermic needle exchange services." .



    (3)  After paragraph (4) there shall be inserted new paragraphs as follows:—
"  (4A)  In this Part of these Regulations "hypodermic needle exchange services" means—
(a) the supply, free of charge, by a chemist to a person reasonably believed by that chemist to be a drug misuser of—
(i) hypodermic needles and syringes; and

(ii) equipment for the safe disposal of such needles and syringes;

(b) the receipt by a chemist from such a person and the subsequent safe disposal, both free of charge, of any used hypodermic needle or syringe;

(c) the provision of counselling to such a person by a trained chemist.


    (4B)  In paragraph (4A)—
(a) "drug misuser" means a person who is misusing drugs by self-injection;

(b) "chemist" means a pharmacist within the meaning of section 132(1) of the Medicines Act 1968^[3], and "trained chemist" means any such pharmacist who has received relevant training prepared by the Post Qualification Education Board for Pharmacists in Scotland." .



    (4)  At the end of sub-paragraph (b) of paragraph (5) there shall be inserted the following:—
"; or

(c) included in hypodermic needle exchange services." .



    (5)  After paragraph (5) there shall be inserted new paragraphs (6), (7), (8) and (9) as follows:—
"  (6)  A Board shall agree to a chemist being included in hypodermic needle exchange services only—
(a) after consulting their Chief Administrative Pharmaceutical Officer and their Chief Administrative Medical Officer and Director of Public Health; and

(b) if they are satisfied that such services are necessary or desirable in the area of the premises specified in the application.


    (7)  A chemist participating in arrangements for the provision of hypodermic needle exchange services shall maintain records in relation to those services which shall include—
(a) the number of hypodermic needles and syringes issued by him;

(b) an estimate of the number of used hypodermic needles and syringes received by him for disposal; and

(c) the number of persons to whom he has supplied hypodermic needles and syringes.


    (8)  A chemist may at any time give notice in writing to the Board that he wishes to cease to be included in hypodermic needle exchange services either immediately or at such time as may be specified in the notice.

    (9)  The Board may at any time, by giving notice in writing to a chemist, terminate his involvement in hypodermic needle exchange services either immediately or with effect from such date as may be specified in the notice." .

Michael B. Forsyth

Minister of State, Scottish Office
St. Andrew's House, Edinburgh

4th February 1992

These Regulations further amend the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974 ("the principal Regulations") which provide the arrangements to be made by Health Boards for the provision in their areas of general medical services and pharmaceutical services. Regulation 2 amends the principal Regulations to include in the description of pharmaceutical services participation by chemists in hypodermic needle exchange services. Such services permit chemists to supply, free of charge, to drug misusers new hypodermic needles and syringes, to accept used hypodermic needles and syringes for safe disposal, and permit a chemist, once he has received appropriate training, to provide counselling to drug misusers.

[1] 1978 c. 29; section 27 was amended by the Health Services Act 1980 (c. 53) ("the 1980 Act"), section 20(2), by the National Health Service (Amendment) Act 1986 (c. 66) ("the 1986 Act"), section 3(3) and by the National Health Service and Community Care Act 1990 (c. 19) ("the 1990 Act"), Schedule 9, paragraph 19(7); section 28 was amended by the 1986 Act, section 3(4) and by the 1990 Act, Schedule 9, paragraph 19(8); section 105(7) was amended by the 1980 Act, Schedule 6, paragraph 5 and Schedule 7 and by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 24; section 108(1) contains definitions of "prescribed" and "regulations" relevant to the exercise of the statutory powers under which these Regulations are made. back

[2] S.I. 1974/506; relevant amending instrument is S.I. 1989/1883. back

[3] 1968 c. 67. back