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| Tuesday 20th December 2005 |
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| [ninth and tenth Sittings]
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| Clause 13, page 8, line 43, leave out from second ‘infection’ to end of line 4 on |
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| page 9 and insert ‘which arises as a result of healthcare interventions, either in patients |
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| undergoing these interventions or in health care workers involved in these interventions.’. |
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| Clause 14, page 10, line 12, at beginning insert— |
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| | ‘( ) | The CHAI shall review the provision of isolation rooms in the NHS and produce |
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| | a timetable for providing appropriate isolation facilities in every NHS hospital.’. |
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| Clause 15, page 11, line 30, at end insert ‘and |
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| | (d) | specify what sanctions will be applied if the healthcare body fails to |
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| | comply with the improvement notice.’. |
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| Clause 15, page 11, line 43, at end insert— |
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| | ‘(6A) | When the Secretary of State is notified with a failing in connection with the code |
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| | under section 47A he shall be responsible for the provision of resources necessary |
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| | for the failing body to comply with the terms of the improvement notice.’. |
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| Clause 16, page 14, line 6, after ‘regulations’, insert ‘having consulted with |
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| Clause 16, page 14, line 7, leave out ‘or appoint’. |
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| Clause 16, page 14, line 13, after second ‘is’, insert ‘(a)’. |
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| Clause 16, page 14, line 14, at end insert— |
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| | ‘(b) | should not routinely be involved in the prescription or handling of |
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| | (c) | be a senior member of staff; and |
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| | (d) | be in receipt of appropriate training.’. |
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| Clause 16, page 15, line 46, leave out subsection (10). |
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| Clause 17, page 16, line 47, at end insert— |
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| | ‘(f) | for measures to protect the confidentiality of patient records.’. |
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| | Clauses 18 and 19 Agreed to. |
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| Clause 20, page 19, line 14, at end insert— |
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| | ‘(e) | confidentiality in the transfer of data that is attributable to individual |
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| | patients between cooperating bodies.’. |
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| | Clauses 21 to 23 Agreed to. |
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| Clause 24, page 21, leave out lines 10 to 14 and insert— |
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| | ‘(7B) | Conditions prescribed under subsection (7A) may relate to supervision in the case |
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| | where the pharmacist is not at the place where the thing is being done, and in that |
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| | case the thing is not to be so considered if no such conditions are prescribed. |
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| | (7C) | In any case, compliance with any applicable conditions is sufficient for the thing |
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| Clause 24, page 21, leave out lines 23 to 27 and insert— |
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| | ‘(3) | Conditions prescribed under subsection (2) may relate to supervision in the case |
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| | where the pharmacist is not on the premises, and in that case the transaction is not |
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| | to be so considered if no such conditions are prescribed. |
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| | (4) | In any case, compliance with any applicable conditions is sufficient for the |
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| | transaction to be so considered.” ’. |
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| | Clause, as amended, Agreed to. |
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| Clause 25, page 22, line 2, at end insert ‘but nothing in this section shall be taken to |
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| require a pharmacist to be present on those premises when medicinal products on a |
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| general sale list are sold by retail.’. |
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| Clause 25, page 22, line 15, at end insert ‘but a person may not at the same time be |
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| the responsible pharmacist in respect of multiple premises forming part of the business |
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| except in circumstance specified by the Health Ministers in regulations.’. |
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| | Clauses 26 and 27 Agreed to. |
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| Clause 28, page 24, line 24, leave out from ‘time’ to end of line 25. |
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| Clause 28, page 24, line 25, at end insert ‘, and then only if such conditions as may |
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| be so specified are complied with.’. |
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| Clause 28, page 24, line 40, after ‘Ministers’, insert ‘, having consulted with |
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| Clause 28, page 24, line 41, after ‘pharmacist’, insert ‘having regard to— |
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| | (a) | the establishment of clear lines of accountability within the pharmacy; |
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| | (b) | provision for the responsible pharmacist to be contactable when absent; |
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| | (c) | the maximum time for the responsible pharmacist to return to the |
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| | (d) | provision for the responsible pharmacist to justify any absence.’. |
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| Clause 28, page 25, line 16, leave out ‘under’ and insert ‘made by virtue of’. |
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| Clause 28, page 25, line 22, leave out ‘under’ and insert ‘made by virtue of’. |
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| Clause 28, page 25, line 29, at end insert— |
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| | ‘(12) | Before making regulations under this section the Health Ministers shall consult |
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| | such persons as appear to them to represent persons providing pharmaceutical |
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| Clause 28, page 25, leave out line 37 and insert ‘making of entries in a record relating |
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| to the responsible pharmacist),’. |
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| Clause 28, page 25, line 39, leave out from ‘of’ to end of line 40 and insert ‘the |
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| Clause 28, page 26, line 2, at end add— |
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| | ‘( ) | The Health Ministers will ensure that responsible pharmacists can seek guidance |
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| | Clause, as amended, Agreed to. |
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| | Clauses 29 and 30 Agreed to. |
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| Clause 31, page 26, leave out lines 20 to 40 and insert— |
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| | ‘(1) | The Secretary of State may give directions to a Primary Care Trust requiring it to |
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| | charge a fee to persons who make an application referred to in section 42(2)(c)(i) |
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| | or (ii) to the Primary Care Trust. |
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| | (2) | The Secretary of State shall in the directions specify the fee to be charged, which |
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| | may vary according to the type of application being made but not according to the |
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| | place in England where it is made. |
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| | (3) | Before determining the amount of any fee to be charged the Secretary of State |
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| | must consult such organisations as he thinks fit that appear to him to represent |
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| | persons providing pharmaceutical services and such organisations as he thinks fit |
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| | that appear to him to represent Primary Care Trusts. |
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| | (4) | The Secretary of State must publish in such manner as he thinks fit any directions |
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| | he gives under this section.’. |
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| Clause 31, page 26, line 28, at end insert— |
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| | ‘(c) | require Primary Care Trusts to refund the fee if an application is not |
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| | determined within 28 days.’. |
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| Page 27, line 37, leave out Clause 32. |
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| Clause 33, page 28, line 26, at end insert— |
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| | ‘(2) | In section 17S of the National Health Service (Scotland) Act 1978 (c.29) |
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| | (eligibility to be contractor under pharmaceutical care services contract), after |
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| | “(1A) | In such circumstances, and subject to such conditions, as may be |
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| | prescribed, subsection (1) has effect with the omission of the words from |
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| | “who undertakes” to the end.”.’. |
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| [Adjourned till Tuesday 10th January at 10.35 a.m. |
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