The Prescription Only Medicines (Human Use) Order 1997

Prescriptions

15.—(1) For the purposes of section 58(2)(a) [F1 , and subject to paragraph (2A),] a prescription only medicine shall not be taken to be sold or supplied in accordance with a prescription given by an appropriate practitioner unless the conditions specified in paragraph (2) are fulfilled.

(2) The conditions referred to in paragraph (1) are that the prescription–

(a) shall be signed in ink with his own name by the appropriate practitioner giving it;

(b) shall, without prejudice to sub-paragraph (a), be written in ink or otherwise so as to be indelible, unless it is a health prescription which is not for a controlled drug specified in Schedule 1, 2 or 3 to the Misuse of Drugs Regulations, in which case it may be written by means of carbon paper or similar material;

(c) shall contain the following particulars–

(i) the address of the appropriate practitioner giving it,

(ii) the appropriate date,

(iii) such particulars as indicate whether the appropriate practitioner giving it is a doctor, a dentist, [F2 a district nurse/health visitor prescriber, an extended formulary nurse prescriber], a veterinary surgeon or a veterinary practitioner,

(iv) where the appropriate practitioner giving it is a doctor, dentist [F3 , a district nurse/health visitor prescriber or an extended formulary nurse prescriber], the name, address and the age, if under 12, of the person for whose treatment it is given, and

(v) where the appropriate practitioner giving it is a veterinary surgeon or a veterinary practitioner, the name and address of the person to whom the prescription only medicine is to be delivered and a declaration by the veterinary surgeon or veterinary practitioner giving it that the prescription only medicine is prescribed for an animal or herd under his care;

(d) shall not be dispensed after the end of the period of 6 months from the appropriate date, unless it is a repeatable prescription in which case it shall not be dispensed for the first time after the end of that period nor otherwise than in accordance with the directions contained in the repeatable prescription;

(e) in the case of a repeatable prescription which does not specify the number of times it may be dispensed, shall not be dispensed on more than two occasions unless it is a prescription for an oral contraceptive in which case it may be dispensed 6 times before the end of the period of 6 months from the appropriate date.

[F4 (2A) For the purposes of paragraph (1), where a prescription is issued and dispensed in England and the conditions specified in paragraph (2C) are fulfilled, the prescription may, as an alternative to fulfilling the conditions specified in paragraph (2)(a) and (b), fulfil instead the conditions specified in paragraph (2B).

(2B) The conditions referred to are that the prescription shall be—

(a) created in an electronic form and signed with an electronic signature and transferred to the person by whom it is dispensed as an electronic communication (including where it is so transferred through one or more intermediaries); or

(b) entered on a document where—

(i) the prescription is created electronically and signed with an electronic signature and both the data and the signature are entered on the document in a non-legible manner;

(ii) the prescription is created in writing on the document, as referred to in paragraph (2)(b), and is signed with an electronic signature which is entered on the document in a non-legible manner; or

(iii) the prescription is created in an electronic form which is entered on the document in a non-legible manner, and is signed as referred to in paragraph (2)(a),

and transferred to the person by whom it is dispensed by physical means.

(2C) The conditions referred to are that—

(a) the prescription is issued by a doctor—

(i) under or by virtue of the National Health Service Act 1997; or

(ii) as part of the performance of personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1977,

and dispensed by a person lawfully conducting a retail pharmacy business within the meaning of section 69; and

(b) the Secretary of State is satisfied that—

(i) the use of electronic means in order to create, sign and transfer prescriptions (or whichever of those purposes is applicable) is appropriate for the purposes of a pilot scheme on the use of electronic prescribing, in relation to both the doctor and the person lawfully conducting a retail pharmacy business concerned, and in relation to the premises at which the prescription is dispensed; and

(ii) the particular electronic means used by both the doctor and the person lawfully conducting a retail pharmacy business concerned are suitable for the purposes of such a pilot scheme.]

(3) The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to a sale or supply of a prescription only medicine which is not in accordance with a prescription given by an appropriate practitioner by reason only that a condition specified in paragraph (2) [F5 or, where applicable, paragraph (2B)] is not satisfied where the person selling or supplying the prescription only medicine, having exercised all due diligence, believes on reasonable grounds that that condition is satisfied in relation to that sale or supply.

(4) In paragraph (2) “the appropriate date” means–

(a) in the case of a health prescription, the date on which it was signed by the appropriate practitioner giving it or a date indicated by him as being the date before which it shall not be dispensed; and

(b) in every other case, the date on which the prescription was signed by the appropriate practitioner giving it;

and, for the purposes of sub-paragraphs (d) and (e) of that paragraph, where a health prescription bears both the date on which it was signed and a date indicated as being that before which it shall not be dispensed, the appropriate date is the later of those dates.

[F6 (5) In paragraphs (2B) and (2C)—

• “doctor” has the same meaning as in section 132(1);

• “electronic communication” has the same meaning as in section 15 of the Electronic Communications Act 2000;

• “electronic signature” has the same meaning as in section 7 of the Electronic Communications Act 2000.]

Textual Amendments

F1 Words in art. 15(1) inserted (E.W.S.) (11.9.2001) by The Prescription Only Medicines (Human Use) (Electronic Communications) Order 2001 (S.I. 2001/2889), arts. 1, 2(a)

F2 Words in art. 15(2)(c)(iii) substituted (1.4.2002) by The Prescription Only Medicines (Human Use) Amendment Order 2002 (S.I. 2002/549), arts. 1(1), 8(a)

F3 Words in art. 15(2)(c)(iv) substituted (1.4.2002) by The Prescription Only Medicines (Human Use) Amendment Order 2002 (S.I. 2002/549), arts. 1(1), 8(b)

F4 Art. 15(2A)-(2C) inserted (E.W.S.) (11.9.2001) by The Prescription Only Medicines (Human Use) (Electronic Communications) Order 2001 (S.I. 2001/2889), arts. 1, 2(b)

F5 Words in art. 15(3) inserted (E.W.S.) (11.9.2001) by The Prescription Only Medicines (Human Use) (Electronic Communications) Order 2001 (S.I. 2001/2889), arts. 1, 2(c)

F6 Art. 15(5) added (E.W.S.) (11.9.2001) by The Prescription Only Medicines (Human Use) (Electronic Communications) Order 2001 (S.I. 2001/2889), arts. 1, 2(d)