Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th September, 2022.

I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by section 67E(7) of the Health Act 1970 (No. 1 of 1970) (inserted by section 6 of the Health (Miscellaneous Provisions) (No. 2) Act 2022 (No. 20 of 2022)), with the consent of the Minister for Public Expenditure and Reform, hereby make the following regulations:

1. (1) These Regulations may be cited as the Health Act 1970 (Section 67E) (Payments in respect of Contraception Services) Regulations 2022.

(2) These Regulations shall come into operation on the 8th day of September 2022.

2. In these Regulations, “reimbursement price” has the meaning assigned to it by Regulation 2 of the Health Professionals (Reduction of Payments to Community Pharmacy Contractors) Regulations 2011 ( S.I. No. 300 of 2011).

3. Subject to Regulation (6), the amount of the payment to be made to a scheme provider in respect of the provision of an applicable service specified in column (2) of Schedule 1 opposite a particular reference number in column (1) thereof is prescribed as the amount of the payment specified in column (3) thereof.

4. Subject to Regulation (6), the amount of the payment to be made to a pharmacy provider in respect of the dispensing specified in column (2) of Schedule 2 opposite a particular reference number in column (1) thereof is prescribed as the sum of the following:

(a) the reimbursement price in respect of the particular relevant product;

(b) the amount of the payment specified in column (3) of Schedule 2 opposite the particular reference number in column (1) thereof;

(c) where the relevant product is an emergency contraceptive that is dispensed without a prescription, the amount of the payment specified in column (3) of Schedule 3 opposite reference number 1 in column (1) thereof.

5. Subject to Regulation (6), the amount of the payment specified in column (3) of Schedule 3 opposite reference number 2 in column (1) thereof is prescribed as a one-off administrative fee to be paid to a pharmacy provider in respect of a relevant woman on the first occasion that a relevant product is dispensed to that relevant woman by any pharmacy provider under section 67E of the Health Act 1970.

6. No payment shall be made to a scheme provider or a pharmacy provider, as the case may be, under these Regulations in respect of a relevant woman where a charge was imposed on the relevant woman by that scheme provider or pharmacy provider in respect of the provision of an applicable service or the dispensing of a relevant product.

Schedule 1

Regulation 3

Schedule 2

Regulation 4

Schedule 3

Regulations 4 and 5

The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.

GIVEN under my Official Seal,

12 September, 2022.

MICHAEL MCGRATH,

Minister for Public Expenditure and Reform.

GIVEN under my hand,

12 September, 2022

STEPHEN DONNELLY,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations are made under the Health (Miscellaneous Provisions) (No.2) Act 2022. The Regulations provide for the services to be provided and fees to be paid to medical practitioners and pharmacists respectively in respect of the free contraception scheme for women aged 17-25.