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FOI/19/01945 · FOI · clarification

Funding and dispensing of private medical prescriptions: FOI release

Published
2019-10-09
Received
2019-08-15
Responded
2019-10-08
Directorate
Chief Medical Officer Directorate
Topic
Health and social care, Public sector
Exemptions
38(1), 34(1), 30

Information requested

You asked for all recorded information from the past 10 years on:

The regulation of private medical prescriptions Provision of funding to cover the costs of a private medical prescription from: a. the Scottish Government b. a body listed in Part 4 of Schedule 1 of the Freedom of Information (Scotland) Act 2002.

You subsequently provided clarification that your request relates to the dispensing of medicine on private prescription once it has been provided by a prescriber.

Response

There are no Scottish regulations on private medical prescriptions. The Scottish Government has received correspondence from a small number of individuals within the past 10 years relating to the dispensing of a private medical prescription. Copies of the correspondence from and to individuals is attached. All personal information and identifiers have been redacted

In 2009, the Scottish Government issued guidance to NHS Boards on arrangements for NHS patients receiving healthcare services through private healthcare arrangements. This guidance is available at - https://www.sehd.scot.nhs.uk/cmo/CMO(2009)private.pdf You may wish to consider asking NHS National Services Scotland and the territorial Health Boards if they hold any local information on the dispensing of private prescriptions. ANNEX REASONS FOR NOT PROVIDING INFORMATION An exemption applies An exemption under section 38(1)(b) of FOISA (personal information) applies to some the information requested because it is personal data of a third party, ie names and contact details of individuals and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption An exemption applies, subject to the public interest test An exemption under sections 30(b) and 30(c) of FOISA applies to some of the information you have requested. This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release. However, this is outweighed by the public interest in ensuring that MSPs/MPs are able to carry out their public duty effectively.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

Detected exemption language

ANNEX REASONS FOR NOT PROVIDING INFORMATION An exemption applies An exemption under section 38(1)(b) of FOISA (personal information) applies to some the information requested because it is personal data of a third party, ie names and contact details of individuals and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption An exemption applies, subject to the public interest test An exemption under sections 30(b) and 30(c) of FOISA applies to some of the information you have requested. This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption.

Attachments

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