The National Health Service (Pharmaceutical Services) Regulations 1992

Provision of pharmaceutical services

3.—(1) Where any person presents on a prescription form—

(a) an order for drugs, not being Scheduled drugs, or appliances, signed by a doctor; or

(b) an order for a drug specified in Schedule 11 to the Medical Regulations, signed by, and endorsed on its face with the reference “SLS” by, a doctor; or

(c) an order for listed drugs or medicines, signed by a dentist or his deputy or assistant,

a chemist shall, with reasonable promptness, provide the drugs or medicines so ordered, and such of the appliances so ordered as he supplies in the normal course of his business.

(2) Any drug which is provided as part of pharmaceutical services and included in the Drug Tariff, the British National Formulary, the Dental Practitioner’s Formulary, the European Pharmaceopoeia or the British Pharmaceutical Codex, shall comply with the standard or formula specified therein.

(3) Subject to any regulations in force under the Weights and Measures Act 1985(1) and subject to sub-paragraphs (3), (4) and (5) a chemist shall provide pharmaceutical services only in response to and in accordance with an order on a prescription form, signed as specified in sub-paragraph (1).

(4) Where an order, not being an order to which the Poisons Rules 1982(2) or the Misuse of Drugs Regulations 1985(3) applies, which is issued by a doctor or a dentist on a prescription form for drugs does not prescribe their quantity, strength or dosage, a chemist may provide the drugs in such strength and dosage as in the exercise of his professional skill, knowledge and care he considers to be appropriate and, subject to sub-paragraph (3), in such quantity as he considers to be appropriate for a course of treatment, for the patient to whom the order relates, for a period not exceeding five days.

(5) Where an order to which sub-paragraph (3) applies is for—

(a) an oral contraceptive substance;

(b) a drug, which is available for supply as part of pharmaceutical services only together with one or more drugs; or

(c) an antibiotic in a liquid form for oral administration in respect of which pharmaceutical considerations require its provision in an unopened package,

which is not available for provision as part of pharmaceutical services except in such packages that the minimum available package contains a quantity appropriate to a course of treatment for a patient for a period of more than 5 days, the chemist may provide that minimum available package.

(6) Where any drug, not being one to which the Misuse of Drugs Regulations 1985 apply, ordered by a doctor or dentist on a prescription form, is available for provision by a chemist in a pack in a quantity which is different to the quantity which has been so ordered, and that drug is—

(a) sterile;

(b) effervescent or hygroscopic;

(c) a liquid preparation for addition to bath water;

(d) a coal tar preparation;

(e) a viscous preparation; or

(f) packed at the time of its manufacture in a calendar pack or special container,

the chemist shall, subject to sub-paragraph (7), provide the drug in the pack whose quantity is nearest to the quantity which has been so ordered.

(7) A chemist shall not provide, pursuant to sub-paragraph (6), a drug in a calendar pack where, in his opinion, it was the intention of the doctor or dentist who ordered the drug that it should be provided only in the exact quantity ordered.

(8) In this paragraph—

(a) “calendar pack” means a blister or strip pack showing the days of the week or month against each of the several units in the pack; and

(b) “special container” means any container with an integral means of application or from which it is not practicable to dispense an exact quantity.

(9) Where, in a case of urgency, a doctor personally known to a chemist requests him to provide a drug, the chemist may provide that drug before receiving a prescription form, provided that—

(a) that drug is not a Scheduled drug;

(b) that drug is not a controlled drug within the meaning of the Misuse of Drugs Act 1971(4), other than a drug which is for the time being specified in Schedule 1 to the Misuse of Drugs Regulations 1985(5); and

(c) the doctor undertakes to give the chemist such a prescription form within 72 hours.

(10) Except as provided in sub-paragraph (11), a chemist shall not provide a Scheduled drug, by way of pharmaceutical services or otherwise, in response to an order by name, formula or other description on a prescription form.

(11) Where a drug has an appropriate non-proprietary name and it is ordered on a prescription form either by that name or by its formula, a chemist may provide a drug which has the same specification notwithstanding that it is a Scheduled drug, provided that where a Scheduled drug is a pack which consists of a drug in more than one strength, such provision does not involve the supply of part only of the pack.

(12) Where a drug which is ordered as specified in sub-paragraph (11) combines more than one drug, that sub-paragraph shall apply only if the combination has an appropriate non-proprietary name, whether the individual drugs which it combines do so or not.

(13) A chemist shall provide any drug which he is required to provide under this paragraph in a suitable container.

(14) A chemist shall not give, promise or offer to any person any gift or reward (whether by way of a share of or dividend on the profits of the business or by way of discount or rebate or otherwise) as an inducement to or in consideration of his presenting an order for drugs or appliances on a prescription form.

(1)

1985 c. 72.

(2)

S.I. 1982/218, amended by S.I. 1985/1077, 1986/10 and 1986/1704.

(3)

S.I. 1985/2066, amended by S.I. 1986/2330, 1988/916 and 1989/1460. the chemist shall, subject to sub-paragraph (7), provide the drug in the pack whose quantity is nearest to the quantity which has been so ordered.

(4)

1971 c. 38.

(5)

S.I. 1985/2066.