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Local authority delegation of the authorisation of Patient Group Directions under a Section 75 partnership agreement

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Topics: ImplementationPatient Group DirectionsPolicy, Commissioning and ManagerialRegulatory

This summary explains why it is not permitted for a Local Authority to delegate the authorisation of PGDs using a Section 75 partnership agreement.

The Medicines and Healthcare Products Regulatory Agency (MHRA) has sought legal advice and has confirmed that local authorities cannot delegate responsibility for organisational authorisation of PGDs to an ICB or other relevant NHS organisation under a Section 75 agreement.

Authorisation of Local Authority commissioned PGDs

Organisational authorisation of PGDs by a local authority should be carried out by the Chief Executive or Director of Public Health of the Local Authority(LA). However, this responsibility may be delegated to a clinical governance lead such as a Medical or other Clinical Director in the local authority. The Chief Executive or Director of Public Health would need to determine and note formally which individual would have the authority and responsibility to be the signatory in order to state that PGDs are fit for purpose.

For further information about PGD signatories refer to Questions about signatories of PGDs

Developing and maintaining Local Authority PGDs

A ICS or other relevant organisation can support the development, maintenance and clinical authorisation of PGDs by doctor/pharmacist signatories who are employed by them.

This should be a formal arrangement between the local authority (LA) and the ICS/other relevant organisation with agreed processes and policies to support this arrangement and to comply with NICE PGD guidance. For further information refer to Patient Group Directions in Complex Commissioning Scenarios

The medicines decision-making committee of the ICS/other relevant organisation such as the Medicines Management Committee cannot extend the expiry dates of PGDs for services commissioned by the LA. The committee may provide clinical opinion or guidance to the LA as to whether this is safe or appropriate. For further information refer to Extension of expiry date of a Patient Group Direction

Any changes made to the PGDs during their valid use period requires the reauthorisation of the PGDs by the LA.  For further information refer to Reauthorising and re-signing of a Patient Group Direction following amendments/changes

Update history

  1. Page reviewed with MHRA and LA SPS PGD Service Advisory Board members - CCG updated to ICB/other relevant NHS organisation. Formatting updated.
  1. Page reviewed and content confirmed as relevant and up to date by MHRA.
  2. Published