We are receiving an increasing number of queries about GPs providing private prescriptions from within NHS practices. The GMS contract (Part 19) is clear that GPs must not charge patients for services that fall within the scope of NHS care, with the only exception being malaria prophylaxis. Prescribing privately within an NHS practice therefore carries significant contractual and indemnity risks.
Where a GP partner issues a private prescription in the practice, they take on professional responsibility for the decision, monitoring and follow up. This can be difficult to separate from the responsibilities of the partnership as a whole, exposing the practice to vicarious liability and creating confusion for patients about the boundary between NHS and private care.
Our advice is that practices should set a clear internal policy on private prescribing. This should cover whether such prescribing is permitted at all, and if so under what circumstances. Having a policy helps avoid inconsistency, protects the practice from risk, and makes it easier to respond to any patient complaints.
For situations where private prescriptions are initiated externally and a request is made for NHS follow-up, please see our separate guidance:
Managing Prescribing from Private Providers