Pharmacy market exit — giving up your NHS contract
What community pharmacy owners need to know about voluntary removal from the pharmaceutical list and the alternatives to closure.
What is market exit?
Market exit refers to voluntary removal from the pharmaceutical list — the point at which a community pharmacy ceases to provide NHS pharmaceutical services and its contract with NHS England ends. Once a pharmacy has exited the market, its NHS contract is surrendered and cannot be recovered without going through the market entry process again.
Market exit is distinct from consolidation (where a contract is transferred to another existing site) and change of ownership (where the contract transfers to a new owner). Both consolidation and sale are generally preferable to outright market exit, as they preserve the commercial value of the NHS contract.
The notice period
A community pharmacy wishing to voluntarily remove itself from the pharmaceutical list must serve notice on PCSE and the relevant ICB. The regulations set out the required notice period, which is typically three months. The ICB uses this period to assess the impact of the closure on local pharmaceutical provision and to take steps to ensure that patients continue to have access to services.
In some circumstances — for example, where the pharmacy’s closure would leave a significant gap in provision — the ICB may seek to delay or manage the exit to protect patient access. TI Pharmacy Consultancy advises on how to manage this process and ensure that notifications are made correctly.
Before you give notice — consider the alternatives
Before serving notice of market exit, it is worth considering whether any of the following alternatives might be more appropriate:
- Selling the pharmacy — the most commercially sensible route in most cases, as the NHS contract adds significant value to the business. A change of ownership application allows the contract to transfer to a buyer. Read more about change of ownership.
- Consolidation — if you own more than one pharmacy, consolidating onto a single site may allow you to preserve one contract while exiting another, rather than surrendering both. Read more about amalgamation and consolidation.
- Varying your hours — if the issue is the operational burden of your current hours, an opening hours variation may allow you to reduce your commitment without giving up the contract. Read more about opening hours applications.
Wales
The process for voluntary market exit in Wales is governed by the NHS (Pharmaceutical Services) (Wales) Regulations 2020 and involves notification to the relevant local health board. The notice periods and procedural requirements differ from England. TI Pharmacy Consultancy advises on market exit in Wales under the Welsh regulatory framework.
Thinking about closing your pharmacy?
Contact TI Pharmacy Consultancy before taking any steps. We will advise on the regulatory requirements, the notice periods and whether an alternative to market exit might better serve your interests.
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