Reform of Rural Dispensing Regulations

Comes into force April 1^st 2005

Existing Regulations

GPs only allowed to dispense for patients who live in a controlled area more than one mile from a pharmacy.

Need to establish that there will be no prejudice to the proper provision of medical and pharmaceutical services within the area.

Existing Regulations

Pharmacists need to establish that there is no prejudice to professional services in the area and that the contract is either necessary or desirable.

Prejudice loophole.

Prejudice is to services not businesses.

Existing Regulations

Patients who live in a controlled area have a choice to either have their prescriptions dispensed by the GP or through a pharmacy.

Choice is often not implemented.

Only LPCs and LMCs have a right to be consulted and appeal decisions.

Existing Regulations

LPC and LMC have the right to ask PCTs to consider whether an area is considered controlled or not.

Any decision cannot be reviewed for five years unless there is major change.

PCTs should keep detailed maps of Controlled Areas.

New Regulations

All applicants, both GP and Pharmacist must pass the prejudice test.

GP premises will have to be authorised to be dispensing premises.

All present GP premises must be authorised by April 30^th 2005. PCT can refuse if not satisfied with existing service.

New Regulations

All GPs and Pharmacy Contractors that could be affected will be informed.

All may appeal result.

The one mile measure is changed to 1.6 Kilometres.

ESP will still continue as before.

New Regulations

Reserved Location

A controlled area where the population is less than 2750 within 1.6 Km radius.

The PCT can re-define Reserved Location.

If pharmacist applies for contract then PCT can approve but 1.6 Km rule does not apply.

New Regulations

If Reserved Location population increases above 2750 then pharmacist contractor can apply for inclusion in list subject to prejudice test.

However patients who are dispensing patients retain those rights.

Dispensing rights stay with patients not GP practices.

New Regulations

GPs cannot apply to dispense if premises less than 1.6 Km from a pharmacy.

If GP moves away then pharmacist has 12 months to do the same without the prejudice test.

If GP moves premises less than 500M then this is a minor relocation otherwise a new application is necessary.

New Regulations

If GP practices amalgamate and only one was a dispensing practice then only patients from that practice retain dispensing rights.

New Terms of Service will incorporate more expansive regulations for dispensing GPs. PMS GPs do not have TOS but new regulations will apply.