Health (Community Pharmacy Contractor Agreement) Regulations, 1996

• Jurisdiction: Ireland
• Citation: IR SI 152/1996
• Year: 1996

S.I. No. 152 of 1996.
HEALTH (COMMUNITY PHARMACY CONTRACTOR AGREEMENT) REGULATIONS, 1996
The Minister for Health, in exercise of the power conferred on him under Section 59 (4) of the Health Act, 1970 , and with consent of the Minister for Finance, hereby makes the following Regulations:—
	1 Citation	1. These regulations may be cited as the Health (Community Pharmacy Contractor Agreement) Regulations, 1996.
	2 Interpretation	2. (1) In these regulations—
"catchment area", in relation to a community pharmacy, means the natural geographic area to which the community pharmacy at its location may reasonably be expected to provide its services to the population in that area;
"chief executive officer" means the chief executive officer of the health board in whose functional area the community pharmacy is located and includes any other officer of the health board designated for the purpose by such chief executive officer;
"community drug schemes" means any scheme involving the supply of medicines or the reimbursement in respect of medicines supplied other than in the GMS;
"community pharmacy" means a shop being lawfully kept open for the dispensing and compounding of medical prescriptions in accordance with the Pharmacy Acts, 1875 to 1977, including the storage and dispensary areas relating thereto, but does not include a pharmacy operated in a hospital, nursing home or similar institution except in circumstances where such shop, operated by or in the said hospital, nursing home or similar institution, is intended to provide for the dispensing and compounding of medical prescriptions to the public at large;
"urban and large town" means a town having a total population of not less than 3,000, including the population in its suburbs and environs, as reported from time to time by the Central Statistics Office in the National Census of Population;
"definite public health need" means that in the catchment area to be served by a new community pharmacy in respect of which an application for a community pharmacy contractor agreement has been made —
(i) in the case of urban and large towns, the catchment area has a population of not less than 4,000 for most of the year;
(ii) in the case of other locations, the catchment area has a population of not less than 2,500 for most of the year; and
(iii) the distance between the premises in respect of which the community pharmacy contractor agreement is being sought and the nearest community pharmacy measured door to door by the shortest lawful access route, is
(a) 250 metres in the case of urban and large towns;
(b) 5 kilometres in rural areas; and
(iv) the community pharmacy contractor agreement applied for will not have an adverse impact on the viability of existing community pharmacies in their respective catchment areas to the extent that it will affect the quality of pharmacy services being provided by them;
"GMS" means the scheme for the provision of medicines under Section 59 (1) of the Health Act, 1970 ;
"health board" means a board established under Section 4 of the Health Act, 1970 ;
"medicines" includes drugs, medicines, reagents and appliances and such other products as may be approved from time to time by the Minister;
"the Minister" means the Minister for Health;
"new community pharmacy" means a community pharmacy which was not open and providing pharmacy services under the Health Act 1970 on or immediately before the coming into force of these Regulations;
"the pharmaceutical contractors' committee" means the pharmaceutical contractors' committee of the Irish Pharmaceutical Union;
"pharmacist" means a registered pharmaceutical chemist, a registered dispensing chemist and druggist or a licentiate of Apothecaries Hall who obtained his licentiate prior to 31st December, 1975;
"community pharmacy contractor agreement" means an agreement entered into between a health board and the proprietor of a community pharmacy in order to enable that pharmacy to provide pharmacy services under the Health Act, 1970 ;
"supervising pharmacist" means the pharmacist under whose personal supervision the community pharmacy is conducted;
"pharmacy contractor" means a proprietor of a community pharmacy who has entered into a community pharmacy contractor agreement with the health board in whose functional area the pharmacy is located.
(2) In these Regulations, unless the context otherwise indicates, any reference to an article shall be construed as a reference to an article contained in these Regulations and any reference in an article to a sub-article shall be construed as a reference to a sub-article of that article.
	3 Scope of Regulations	3. These Regulations shall not apply to any community pharmacy which was open and providing services under the Health Act, 1970 on or immediately before the coming into force of these Regulations.
	4 Relocation of community pharmacies	4. (1) Subject to sub-article (2), these Regulations shall not apply to the relocation of a community pharmacy, which is the subject of a community pharmacy contractor agreement, in any of the following circumstances—
(i) the temporary relocation of a community pharmacy for a maximum period of one year in circumstances involving the renovation or refurbishment of the said pharmacy premises. The chief executive officer may grant his/her approval for an extension of the said period of temporary relocation provided he/she is satisfied that such extension is necessary in order to complete the work within the extended period;
(ii) the permanent relocation of a community pharmacy necessitated by a decision of a statutory authority, other than the health board or the chief executive officer, in circumstances which are wholly outside the control of the pharmacy contractor;
(iii) where the health board or the chief executive officer makes a decision or gives approval to the relocation of other related health services which, in the opinion of the chief executive officer, may adversely affect the viability of a community pharmacy in respect of which a community pharmacy contractors' agreement is held at its existing location;
(iv) where two or more community pharmacies, in respect of which community pharmacy contractor agreements are held, amalgamate;
(v) the permanent relocation of an existing community pharmacy to an adjacent premises with a view to improving the facilities and the community pharmacy services to be provided therein;
(vi) any other exceptional circumstances which the chief executive officer may determine from time to time;
(2) Any relocations referred to in sub-article (1) shall be subject to the following conditions—
(i) the approval in writing of the chief executive officer, following consideration of the provisions of this article, shall have been obtained in respect of the proposed relocation;
(ii) the premises into which the community pharmacy is relocated, its equipment, facilities and staff, and the activities conducted therein shall be such as to meet the requirements of the community pharmacy contractor agreement including such standards in that regard as may be published from time to time by the Pharmaceutical Society of Ireland with the consent of the Minister;
(iii) the distance door to door of the relocated community pharmacy by the shortest possible lawful route from its previous location shall not exceed 250 metres and shall have regard to the impact on existing pharmacy contractors and the availability of community pharmacy services in the catchment area;
(3) Before granting approval under sub-article (2)(i), the chief executive may consult with the Pharmaceutical Society of Ireland and/or the pharmaceutical contractors' committee.
(4) The chief executive officer shall furnish to the applicant for relocation—
(i) any information which he may have received pursuant to consultation held by virtue of sub-article (3);
(ii) any other information which comes into his/her possession in his/her consideration of the application;
and shall consider any further observations submitted by the applicant on foot of the information furnished under this sub-article. Any such observations shall be made within twenty-one days of the date on which the information was furnished to the applicant.
(5) Notwithstanding the provisions of sub-article (2)(iii), the chief executive officer may at his/her...