The Misuse of Drugs (Coronavirus) (Amendments Relating to the Supply of Controlled Drugs During a Pandemic etc.) Regulations 2020

Amendment of regulation 15

5.  In regulation 15(1) (form of prescriptions), after paragraph (4), insert—

“(5) For the purposes of paragraph (1)(g), if the intervals to be observed when supplying are changed by a pharmacist in the following circumstances, the changed intervals are treated as the intervals specified by the prescriber—

(a) as a consequence of a disease being, or in anticipation of a disease being imminently—

(i) pandemic, and

(ii) a serious risk or potentially a serious risk to human health,

in order to assist in the management of the serious risk or potentially serious risk to human health, the Secretary of State has made an announcement in respect of the supply of drugs specified in Schedule 2 or 3 as part of the health service;

(b) as part of the announcement, the Secretary of State has issued advice to the effect that—

(i) in the area to which the announcement relates,

(ii) in the particular circumstances specified in the announcement, and

(iii) during the period specified in the announcement,

arrangements for the provision of services as part of the health service (“NHS arrangements”) with a person lawfully conducting a retail pharmacy business may include provisions permitting pharmacists to change the intervals in prescriptions for drugs specified in Schedule 2 or 3 supplied under NHS arrangements;

(c) the pharmacist who changes the intervals—

(i) is the person who is, for the purposes of regulation 16(1)(2), the person who supplies the drug on the prescription;

(ii) does so as part of and in accordance with NHS arrangements to which the announcement relates; and

(iii) does so with the agreement of the prescriber or, if the prescriber is unavailable, a person who is part of the same team responsible for treating the patient for whom the drug is prescribed as the prescriber, and who has been designated by the prescriber as a person who is able to agree this type of change if the prescriber is unavailable; and

(d) the period specified in the announcement (taking into account any extension) has not ended and the announcement has not been withdrawn or amended in a way that means that the relevant provisions in the NHS arrangements are no longer permitted by the announcement.

(6) The period specified in the announcement, as mentioned in paragraph (5)(b)(iii), must initially not be for more than three months, but it may be extended for further periods of not more than three months at a time.

(7) Before making, amending (including by way of extension) or withdrawing an announcement under paragraph (5) which relates to—

(a) all or any area of Scotland, the Secretary of State must consult the Scottish Ministers;

(b) all or any area of Wales, the Secretary of State must consult the Welsh Ministers.”.

(1)

There are amendments to regulation 15, but none is relevant.

(2)

There are amendments to regulation 16(1), but none is relevant.