The Prescription Only Medicines (Human Use) (Electronic Communications) Order 2001

Amendment of the principal Order

2.  Article 15 of the principal Order is amended as follows—

(a) in paragraph (1), after “For the purposes of section 58(2)(a)” there is inserted “, and subject to paragraph (2A),”;

(b) there is inserted after paragraph (2)—

“(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(1); 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(2),

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.”;

(c) in paragraph (3), after “paragraph (2)” there is inserted “or, where applicable, paragraph (2B)”; and

(d) after paragraph (4), there is added—

“(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.”.

(1)

1977 c. 49.

(2)

1997 c. 46.