Regulations guidance explains entry test exemptions
The four exemptions
· Pharmacies based in approved retail areas over 15,000 sq m
gross floor space away from town centres
· Pharmacies that intend to open for more than 100 hours a
week
· Consortia establishing one-stop primary care centres
· Wholly mail-order or internet based pharmacy services |
Controls will not apply in large edge-of-town complexes |
Draft guidance (PDF 650K) for primary care trusts in England on implementing
the forthcoming NHS regulations explains how new exemptions to the control
of entry test should be applied. As a general rule, any new pharmacy
must be necessary or desirable to secure adequate pharmaceutical services
in a particular neighbourhood. But the new contract introduces four exemptions
(see Panel).
The guidance says that any number of pharmacies can be given NHS contracts
in qualifying large retail developments without having to meet the “necessary
or desirable” criteria. It explains how PCTs should decide whether
any development meets the criteria for exemption, and suggests that a
development within 300m of a town centre is unlikely to qualify.
Applicants seeking a contract under the 100-hour exemption will be allowed
to set their own opening times, but must specify them in their applications.
They will also have to explain how they will provide information to the
PCT on the actual hours they have opened. Pharmacies that fail to provide
services consistently for at least 100 hours may have their contracts
cancelled.
Pharmacies at one-stop health centres will only be exempt from the control
of entry tests if the centre is operated by a consortium. The pharmacy
does not have to be part of the consortium, nor does it have to be operated
by the consortium itself.
Pharmacies that gain contracts under the exemption for mail-order and
internet pharmacies will be prohibited from offering face-to-face NHS
services. They will be allowed to offer private pharmaceutical services
and sell or supply goods that are not related to NHS services. PCTs will
be expected to make sure that these constraints are met and that the
pharmacies provide the full range of essential services.
The proposed guidelines also outline constraints on European pharmacists
who gain automatic registration with the Royal Pharmaceutical Society.
They say that such pharmacists will only be allowed to hold NHS dispensing
contracts in England if the PCT is satisfied that the pharmacist has
a good enough command of English to provide pharmaceutical services.
Steve Lutener, head of regulation at the Pharmaceutical Services Negotiating
Committee, said: “The PSNC is currently considering and commenting
on the draft guidance on control of entry. The new criteria of competition
and choice as well as the four well publicised exemptions will need detailed
guidance, as the information produced so far has dealt only with the
principles and not the practical details. As control of entry has become
more complex, it is important that the guidance is sound. We therefore
welcome the decision by the Department of Health to invite comments,
so that we can highlight areas where more clarity is required.”
The draft guidance will be modified or confirmed when the regulations
appear — probably before the end of this month. |
The
Pharmaceutical Journal
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