CPCF Terms of Service Changes Summary

• 1st April to 30th June;
• 1st July to 30th September;
• 1st October to 31st December; and
• 1st January to 31st March.

Even if no changes have been made during the current financial quarter, contractors must still verify all elements of their NHS website profile as this creates a record which will act as evidence to NHS England and NHS Improvement that these actions have been undertaken.
The following information forms part of a pharmacy’s NHS website profile:

• Organisation name;
• Address;
• Opening hours (the usual opening hours and those for Bank Holidays, Christmas Day, Good Friday and Easter Sunday) – these must also be updated when the pharmacy’s opening hours change, either temporarily or permanently;
• The facilities the pharmacy provides;
• The services the pharmacy provides;
• Telephone number; and
• Website URL.

Contractors are required to verify and update, where required, all elements of their profile to meet the new contractual requirement. Most contractors are already used to checking and updating their NHS website profile, as this was previously a requirement of the Pharmacy Quality Scheme. Each contractor is able to verify or amend their profile through the NHS Website Provider Information Management System (PIMS).
Contractors must ensure they update their NHS website profile where the pharmacy’s opening hours change, either temporarily or permanently.

• providing the patient with the details of other pharmacies in the area who may be able to dispense the prescription;
• making an urgent supply at the request of a prescriber; or
• contacting the prescriber and asking them for the urgent provision of a non-electronic prescription form.

These steps match what most contractors would do in the circumstance of access to EPS being temporarily lost. Additional guidance and options that could be considered in this circumstance can be found on PSNC IT business continuity page including the How to manage EPS technical failures factsheet.
Where they haven’t already, contractors may wish to sign up to the utility services Priority Services Register. Inclusion on this register should give the pharmacy priority access to electricity, water and gas supplies.
Find out more about the Priority Services Register
Another minor change to the regulations related to dispensing, allows owing notes which are provided to patients when their full prescription item cannot be dispensed at that time, to be provided in an electronic form, for example via email, text or an app.

Commencement notices

Prior to the changes at the end of last year, a contractor or applicant, had to give NHS England and NHS Improvement (NHSE&I) a valid commencement notice (e.g. to open a new pharmacy), in the correct form, no more than 14 days in advance. PSNC guidance has been that at least one month’s informal notice should be given to ensure there is time for NHSE&I to authorise changes to the Organisation Data Service (ODS) code and connectivity to be established to NHS services, including the Electronic Prescription Service (EPS).
Now:

• a contractor, or applicant, must give NHSE&I a commencement notice no fewer than 30 days in advance, unless a shorter period of notice has been agreed with NHSE&I prior to giving NHSE&I the commencement notice; and
• the contractor, or applicant may change the date on which services will commence (from the original to a new opening date) but to do so must notify NHSE&I as soon as reasonably practicable of any change of date, and this must be in advance of both the old and new opening dates.

NHSE&I have made a form available to contractors for applicants to change the date of commencement.
This change does not apply to a notice of consolidation.

Pharmacy contractors entering administration

If a pharmacy contractor’s company enters administration, the contractor must notify NHSE&I of this. The notice must be in writing and may be by electronic means.
A company enters administration when the appointment of an administrator takes effect.
NHSE&I have made a form available to contractors to notify them that the company has entered administration.

Training for repeat dispensing

In addition, a specific requirement for contractors to undertake appropriate training in respect of repeat dispensing is removed from the terms of service, although such training remains a part of general induction and other staff training, as appropriate.

• for ascertaining whether the contractor is complying with the terms of service;
• auditing, monitoring and analysing the contractor’s provision made for patient care and treatment in the course of providing NHS pharmacy services, and management of NHS pharmacy services;
• in connection with its functions that relate to NHS pharmacy services.

Pharmacy contractors must now, on request, also send to NHSE&I by electronic means, any information that could be requested at an inspection, if the contractor has the relevant information in electronic form, or information can reasonably be converted into an appropriate electronic form. If that is not possible, NHSE&I may need to visit the pharmacy to inspect the information.
Additionally, at NHSE&I’s request, or at the request of a person authorised in writing by NHSE&I, a contractor must send to NHSE&I a duly completed questionnaire, for example, the Community Pharmacy Assurance Framework (CPAF) screening questionnaire or full questionnaire.
The questionnaire must be approved by NHSE&I and be for the purpose of determining whether an inspection of the pharmacy is necessary or expedient. NHSE&I must consult PSNC before a contractor is asked to complete a questionnaire, as is the normal process in relation to CPAF.
The CPAF Questionnaire is now open for completion.  We strongly recommend you complete the short version by the deadline of 24^th July 2021.  PSNC have produced a guide to help you do this here.

1. facilitate remote access to pharmacy services provided at or from its pharmacy premises, where users wish to access those services under arrangements that make those services available using remote access; and
2. establish, maintain and keep under review procedures to facilitate remote access to those services under arrangements that make those services available using remote access.

Providing pharmacy services remotely has increased during the COVID-19 pandemic. This requirement seeks to confirm and ensure that all pharmacies providing services remotely to patients, bricks and mortar and Distance Selling Premises (DSP), facilitate remote access to the full range of NHS pharmacy services provided by a pharmacy, to a reasonable extent, including, for example:

• ensuring that appropriate advice is given to patients about any medicines or appliances dispensed to them;
• accepting and disposing of unwanted medicines from patients, as part of the Disposal of Unwanted Medicines service; and
• supporting patients who are prescribed new medicine via the New Medicine  Service (NMS), where this is provided by the pharmacy.

• clearly designated as a room for confidential conversations, for example a sign is attached to the door to the room saying Consultation room;
• distinct from the general public areas of the pharmacy premises; and
• a room where both the person receiving the service and the person providing it can be seated together and communicate confidentially.

If the pharmacy was included in a pharmaceutical list on 1st January 2021, but no Advanced services were provided at or from the pharmacy during the 12 months ending 31st December 2020, the contractor has until 1st April 2023 to install a consultation room within their pharmacy.
Contractors who open new pharmacy premises must have a consultation room from the first day they open for business.

Small pharmacies

Where a contractor believes that their pharmacy is too small for a consultation room, they need to complete and submit a request to their NHS England and NHS Improvement (NHSE&I) regional team (NHSE&I have published a form on which to make this request).
NHSE&I will consider the information provided by the contractor and where it is of the opinion that the pharmacy is too small for a consultation room, it will confirm this with the contractor. The contractor must then ensure that they put arrangements in place at the pharmacy which enable staff and patients to communicate confidentially by telephone or another live audio link and a live video link.
Where NHSE&I are of the opinion that the pharmacy is not too small for a consultation room, the contractor will be advised of this and they will need to install a consultation room.

Distance Selling Pharmacies (DSPs)

DSPs must ensure that there are arrangements in place at the pharmacy which enable staff and patients to communicate confidentially by telephone or another live audio link and a live video link.
DSPs can choose to install a consultation room at their pharmacy to allow the provision of Enhanced and Advanced services on the premises, but this is not a requirement of the Terms of Service.

• having made appropriate checks, and regard to what is reasonable and appropriate, that a person is entitled to be supplied with a medicine in accordance with a PTPGD, and
• subject to the usual requirements of a PGD,

the contractor must supply the medicines with reasonable promptness.
Certain record keeping requirements will apply as this information is likely to be necessary for contractors to claim a fee and any reimbursement for a supply.
A PTP may not be used for a supply of a Schedule 2, 3, or part 4(1) Controlled Drugs.
Contractors will also have to provide home delivery options where there is a relevant announcement by the Secretary of State.