The End of DSP Applications…Almost
It is now over a year since the ban on new NHS Distance Selling Pharmacy (“DSP”) applications came into force. In the 3 weeks notice period that was given we were instructed on almost 70 new applications and in the following months acted on an additional 30 or so applications where applicants had submitted their own application initially, but decided to use Rushport after they received objections or initial refusals from the NHS.
The last 12 months has been the busiest that we have ever seen, and likely will ever see. In every case where we were instructed to object to an application we were successful in having it refused. In every case that we were instructed on to obtain an NHS DSP contract we were also successful in having it granted.. except for 1 case that was unique and that we cannot discuss here yet.
At the time of writing there are only 3 cases left with decisions outstanding, 2 of which are applications we are instructed on and another is an objection to an application. We are confident all 3 of these will be success stories for our clients.
We estimate that the NHS received the equivalent of 5 years worth of applications in 3 weeks, but that does not mean that all these new DSPs will open. We are already seeing cases where the premises that Applicants intended to open in are no longer available to them. One client of ours submitted 5 applications because they did not know which premises would ultimately become available. They now have 5 applications approved, but may only open 1 pharmacy.
There are some unfortunate stories going around that one professional advisory company started taking on DSP applications and told their clients that it was possible to change the address that they initially applied at prior to opening. Unfortunately that is not correct and has caused a few problems. Another advisor took on a lot of NHS DSP applications and has lost every case they did that went to appeal.
We are starting to see some of these new DSPs being sold on. However, before anyone can purchase a DSP that has been approved, it must commence trading at the premises that was applied for. Some successful Applicants have attempted to sell their approval, but without access to the property that was originally applied for. That will not work, so do not be tempted by what seems like a good price! As soon as a DSP has had its GPhC premises approval and opens for business, they can apply to the NHS for a Change of Ownership, relocation to other premises, or both – and we have a number of relocation applications ongoing at the moment even while others wait for their final decisions.