The Medicines (Pharmacy and General Sale—Exemption) Amendment Order 2004

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Medicines (Pharmacy and General Sale—Exemption) Amendment Order 2004 and shall come into force on 31st January 2004.

(2) In this Order, “the principal Order” means the Medicines (Pharmacy and General Sale—Exemption) Order 1980(1).

Amendment of article 1 of the principal Order

2.  In article 1 of the principal Order (citation, commencement and interpretation), in paragraph (2), in sub-paragraph (a)—

(a) after the definition of “external use” insert the following definition—

““first level nurse” means a person registered in Parts 1,3,5,8,10,11,12,13,14 or 15 of the professional register;”;

(b) after the definition of “NHS trust”(2) insert the following definition—

““nurse prescriber” means a person—

(a)

who is a first level nurse, and

(b)

against whose name is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances;”;

(c) after the definition of “prison service”(3) insert the following definition—

““professional register” means the register maintained by the Nursing and Midwifery Council pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001(4);”;

(d) after the definition of “relevant manager”(5) insert the following definition—

““relevant register” means—

(a)

in relation to a first level nurse, the professional register, and

(b)

in relation to a pharmacist, the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954(6) or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976(7);”; and

(e) after the definition of “Special Health Authority”(8) insert the following definition—

““supplementary prescriber” means—

(a)

a first level nurse, or

(b)

a pharmacist,

against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as a supplementary prescriber;”.

Insertion of article 4AA of the principal Order

3.  After article 4 of the principal Order (exemption for products used by midwives in the course of their professional practice), insert the following article—

“Exemption for sale, offer for sale or supply in hospitals and health centres

4AA.   The restrictions imposed by sections 52 and 53 shall not apply to the sale, offer for sale, or supply of a medicinal product, in the course of the business of a hospital or health centre, where the product is sold, offered for sale, or supplied for the purpose of being administered (whether in the hospital or health centre or elsewhere) to a particular person in accordance with the written directions of a supplementary prescriber or a nurse prescriber relating to that person.”.

Signed by authority of the Secretary of State for Health

Warner

Parliamentary Under Secretary of State,

Department of Health

31st December 2003

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety

D.C. Gowdy

Permanent Secretary,

Department of Health, Social Services and Public Safety

6th January 2004