This is exactly what I was told Pipp.
My DSN said that they have an "information sharing" arrangement with the pharmacy next door to my surgery and everything is done via computer. The pharmacy workers actually even collect repeat prescriptions for people from the surgery and then call people when they are ready to collect from the pharmacy so that patients don't have to go all the way to the docs to pick it up just to hand it in next door and have to wait or return for it later. I live in a village where a vast majority of people are elderly and so this arrangement has been in place for a long time now.
I had no reason to question my DSN when I was told this and I think it's ludicrous to suggest that people should go looking up legal legislation every time they are told something just in case it is wrong. What about times before the Internet?? What about the old people where I live who wouldn't know how to turn on a computer let alone look at a website?
The NHS have to take responsibility for this because, like any company, if incorrect information is given to a client then the company is liable. The NHS is no different and this is proven by the fact that they recently paid out £15000 to some woman in compensation just because she got pregnant whilst having the contraceptive implant.
If it is proven that a patient HAS been entitled to free prescriptions for the period they are trying to fine them for then the fact they didn't have a medical exemption card should be overlooked and a note made to say that they had now been informed they need one and so in future there will be no excuses if one is not held.
Right, so this sounds to me as if there is a glitch in the new system.
If you have never signed to say you have an exemption certificate, they cannot say you have made a fraudulent claim and fine you for it, surely.
If, before the electronic, paper free system was in place, someone has signed the back of a paper prescription, which clearly states '
has a valid medical exemption certificate' but even though they have diabetes medication on their prescriptions, have not obtained a medical exemption certificate, then technically they could be committing fraud.
However, I still believe this to be unjust, particularly as if your diabetes is controlled by medication you are entitled to free prescriptions. Any DSN should be communicating this to patients, as by definition they are trained specifically to treat people with diabetes. Anyone newly diagnosed has enough to deal with emotionally as well as physically and practically, so this should be included in the advice given. I understand your anger and frustration at the situation
@elaine77 , and think your DSN should be helping you sort this with the prescription issuing authority, and helping you to get the correct paperwork in place and having the fine rescinded. Hopefully, you won't also be looking for compensation?