The Medicines for Human Use (Prescribing)(Miscellaneous Amendments) Order 2009

Amendment of article 8 of the Prescription Only Medicines (Human Use) Order 1997

3.  Article 8 of the Prescription Only Medicines (Human Use) Order 1997 (exemptions for emergency sale or supply)(1) is amended as follows—

(a) in paragraph (2), after “optometrist independent prescriber” in each place in which those words appear, insert “, dentist”;

(b) in paragraph (4)(a)—

(i) before “that the pharmacist”, insert “subject to paragraph (6)”; and

(ii) in sub-paragraph (ii), after “optometrist independent prescriber” insert the word “, dentist”;

(c) in paragraph (4)(b), after “5 days’ treatment” insert “in the case of a controlled drug or 30 days in any other case”; and

(d) after paragraph (5) insert the following paragraph—

“(6) Paragraph (4)(a) does not apply in relation to the sale or supply of a prescription only medicine where—

(a) the sale or supply is made—

(i) whilst a disease is, or

(ii) in anticipation of a disease being imminently,

pandemic and a serious risk, or potentially a serious risk, to human health; and

(b) the pharmacist by or under whose supervision the prescription only medicine is to be sold or supplied has satisfied himself—

(i) that treatment with the prescription only medicine requested has on a previous occasion been prescribed by a doctor, supplementary prescriber, community practitioner nurse prescriber, nurse independent prescriber, optometrist independent prescriber or pharmacist independent prescriber for the person to be treated with it; and

(ii) as to the dose which in the circumstances it would be appropriate for that person to take.”.

(1)

Relevant amending instruments are S.I.1998/2081, 2002/549, 2003/696, 2006/915 and 2008/1161.