8.—(1) The restrictions imposed by section 58(2)(a) (restriction on sale and supply) shall not apply to the sale or supply of a prescription only medicine by a person lawfully conducting a retail pharmacy business where the conditions specified in paragraph (2) are satisfied.
(2) The conditions referred to in paragraph (1) are–
(a)that the pharmacist by or under whose supervision the prescription only medicine is to be sold or supplied is satisfied that the sale or supply has been requested by a doctor [F1, a supplementary prescriber] [F2, a district nurse/health visitor prescriber or an extended formulary nurse prescriber] who by reason of an emergency is unable to furnish a prescription immediately;
(b)that the doctor [F3, supplementary prescriber] [F4, district nurse/health visitor prescriber or extended formulary nurse prescriber] has undertaken to furnish the person lawfully conducting a retail pharmacy business with a prescription within 72 hours of the sale or supply;
(c)that the prescription only medicine is sold or supplied in accordance with the directions of the doctor [F5, supplementary prescriber] [F6, district nurse/health visitor prescriber or extended formulary nurse prescriber] requesting it;
(d)subject to paragraph (5), that the prescription only medicine is not a controlled drug specified in Schedule 1, 2 or 3 to the Misuse of Drugs Regulations;
(e)that an entry is made in the record kept under regulation 6 of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980(1) within the time specified in that regulation stating the particulars required under paragraph 1 of Schedule 2 to those Regulations.
(3) The restrictions imposed by section 58(2)(a) shall not apply to the sale or supply of a prescription only medicine by a person lawfully conducting a retail pharmacy business where the conditions specified in paragraph (4) are satisfied.
(4) The conditions referred to in paragraph (3) are–
(a)that the pharmacist by or under whose supervision the prescription only medicine is to be sold or supplied has interviewed the person requesting a prescription only medicine and has satisfied himself–
(i)that there is an immediate need for the prescription only medicine requested to be sold or supplied and that it is impracticable in the circumstances to obtain a prescription without undue delay,
(ii)that treatment with the prescription only medicine requested has on a previous occasion been prescribed by a doctor [F7, supplementary prescriber] [F8, district nurse/health visitor prescriber or extended formulary nurse prescriber] for the person requesting it, and
(iii)as to the dose which in the circumstances it would be appropriate for that person to take;
(b)that no greater quantity of the prescription only medicine than will provide 5 days' treatment is sold or supplied except that where the prescription only medicine–
(i)is [F9a preparation of insulin,] an aerosol for the relief of asthma, an ointment or cream, and has been made up for sale in a container elsewhere than at the place of sale or supply, the smallest pack that the pharmacist has available for sale or supply may be sold or supplied,
(ii)is an oral contraceptive, a quantity sufficient for a full treatment cycle may be sold or supplied,
(iii)is an antibiotic for oral administration in liquid form, the smallest quantity that will provide a full course of treatment may be sold or supplied;
(c)subject to paragraph (5), that the prescription only medicine does not consist of or contain a substance specified in Schedule 4 to this Order and is not a controlled drug specified in Schedule 1, 2 or 3 to the Misuse of Drugs Regulations;
(d)that an entry is made in the record kept under regulation 6 of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 within the time specified in that regulation stating the particulars required under paragraph 3 of Schedule 2 to those Regulations;
(e)that the container or package of the prescription only medicine is labelled so as to show–
(i)the date on which the prescription only medicine is sold or supplied,
(ii)the name, quantity and, except where it is apparent from the name, the pharmaceutical form and strength of the prescription only medicine,
(iii)the name of the person requesting the prescription only medicine,
(iv)the name and address of the registered pharmacy from which the prescription only medicine is sold or supplied, and
(v)the words “Emergency Supply”.
(5) The conditions specified in paragraphs (2)(d) and (4)(c) shall not apply where the prescription only medicine consists of or contains phenobarbitone or phenobarbitone sodium (but no other substance specified in Schedule 4 to this Order or Schedule 1, 2 or 3 to the Misuse of Drugs Regulations) and is sold or supplied for use in the treatment of epilepsy.
Textual Amendments
F1Words in art. 8(2)(a) inserted (4.4.2003) by The Prescription Only Medicines (Human Use) Amendment Order 2003 (S.I. 2003/696), arts. 1(1), 8(a)(i)
F2Words in art. 8(2)(a) inserted (1.4.2002) by The Prescription Only Medicines (Human Use) Amendment Order 2002 (S.I. 2002/549), arts. 1(1), 6(a)(i)
F3Words in art. 8(2)(b) inserted (4.4.2003) by The Prescription Only Medicines (Human Use) Amendment Order 2003 (S.I. 2003/696), arts. 1(1), 8(a)(ii)
F4Words in art. 8(2)(b) inserted (1.4.2002) by The Prescription Only Medicines (Human Use) Amendment Order 2002 (S.I. 2002/549), arts. 1(1), 6(a)(ii)
F5Words in art. 8(2)(c) inserted (4.4.2003) by The Prescription Only Medicines (Human Use) Amendment Order 2003 (S.I. 2003/696), arts. 1(1), 8(a)(iii)
F6Words in art. 8(2)(c) inserted (1.4.2002) by The Prescription Only Medicines (Human Use) Amendment Order 2002 (S.I. 2002/549), arts. 1(1), 6(a)(iii)
F7Words in art. 8(4)(a)(ii) inserted (4.4.2003) by The Prescription Only Medicines (Human Use) Amendment Order 2003 (S.I. 2003/696), arts. 1(1), 8(b)
F8Words in art. 8(4)(a)(ii) inserted (1.4.2002) by The Prescription Only Medicines (Human Use) Amendment Order 2002 (S.I. 2002/549), arts. 1(1), 6(b)
F9Words in art. 8(4)(b)(i) inserted (16.9.1998) by The Prescription Only Medicines (Human Use) Amendment (No. 3) Order 1998 (S.I. 1998/2081), arts. 1(1), 2
S.I. 1980/1923, amended by S.I. 1997/1831.