Statutory Instruments
2004 No.1189
MEDICINES
The Prescription Only Medicines (Human Use) Amendment (No. 2) Order 2004
Made
22nd April 2004
Laid before Parliament
27th April 2004
Coming into force
18th May 2004
As respects England, Scotland and Wales, the Secretary of State concerned with health in England, and, as respects Northern Ireland, the Department of Health, Social Services and Public Safety, acting jointly, in exercise of the powers conferred upon them by sections 58(1), (1B), (4), (4A), (4B) and (5) and 129(4) of the Medicines Act 1968( 1 ), or, as the case may be, those conferred by the said provisions and now vested in them( 2 ), and of all other powers enabling them in that behalf, after consulting such organisations as appear to them to be representative of interests likely to be substantially affected by this Order, pursuant to section 129(6) of that Act, and after consulting and taking into account the advice of the Committee on Safety of Medicines, pursuant to sections 58(6) and 129(7) of that Act, hereby make the following Order:
Citation, commencement and interpretation
1. —(1) This Order may be cited as the Prescription Only Medicines (Human Use) Amendment (No. 2) Order 2004 and shall come into force on 18th May 2004.
(2) In this Order, “the principal Order” means the Prescription Only Medicines (Human Use) Order 1997( 3 ).
Amendment of article 1 of the principal Order
2. In article 1(2) of the principal Order (interpretation), in the appropriate alphabetical place, insert the following definitions—
“ “registered dietitian” means a person who is registered in Part 4 of the register maintained by the Health Professions Council under article 5 of the Health Professions Order 2001 ( 4 ) ; ” ;
“ “registered occupational therapist” means a person who is registered in Part 6 of the register maintained by the Health Professions Council under article 5 of the Health Professions Order 2001; ” ;
“ “registered orthotist and prosthetist” means a person who is registered in Part 10 of the register maintained by the Health Professions Council under article 5 of the Health Professions Order 2001; ” ; and
“ “registered speech and language therapist” means a person who is registered in Part 12 of the register maintained by the Health Professions Council under article 5 of the Health Professions Order 2001; ” .
Amendment of Schedule 3A to the principal Order
3. In Schedule 3A to the principal Order( 5 ) (substances which may be prescribed, administered or directed for administration by extended formulary nurse prescribers and conditions for such prescription or administration), in the table—
(a) for the entry “Clavulanic acid”, in column 1 add “(as potassium clavulanate)” after “Clavulanic acid”;
(b) for the entry “Hydrocortisone acetate”, in column 2 add “or aural” after “External use”;
(c) for the entry “hyoscine butylbromide”, in column 2 omit “or transdermal” after “Parenteral”; and
(d) in column 1 insert, at the appropriate place in the alphabetical order of the entries as they appear in that column, the entry set out in column 1 below, and in column 2 insert, against that entry, the corresponding entry in column 2 below—
| Column 1 | Column 2 |
|---|---|
| Hyoscine | Transdermal administration in palliative care |
Amendment of Schedule 5 to the principal Order
4. In Schedule 5 to the principal Order (exemption for certain persons from section 58(2) of the Medicines Act 1968), in the list in column 2 of entry 9 of Part III, at the appropriate alphabetical place, insert the following entries—
“Reteplase”; and
“Tenecteplase”.
Amendment of Schedule 7 to the principal Order
5. In Schedule 7 to the principal Order( 6 ) (classes of individual by whom prescription only medicines may be supplied or administered), at the end of the list in Part III add—
“Registered dietitians.”;
“Registered occupational therapists.”;
“Registered orthotists and prosthetists.”; and
“Registered speech and language therapists.”
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
21st April 2004
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
D. C. Gowdy
Permanent Secretary,
Department of Health, Social Services and Public Safety
22nd April 2004
1968 c. 67 . The expression “the appropriate Ministers” and the expression “the Health Ministers”, which are relevant to the powers being exercised in the making of this Order, are defined in section 1 of that Act as amended by article 2(2) of, and Schedule 1 to, S.I. 1969/388 , by article 5 of, and paragraph 1(1) of the Schedule to, S.I. 1999/3142 , and by article 5(1) of, and paragraph 15 of Schedule 1 to, S.I. 2002/794 ; section 58 of that Act was amended by section 1 of the Prescription by Nurses etc. Act 1992 (c. 28) and by section 63 of the Health and Social Care Act 2001 (c. 15) .
In the case of the Secretary of State concerned with health in England, by virtue of article 2(2) of, and Schedule 1 to, S.I. 1969/388 , and articles 2(1) and 5 of, and paragraph 1(1) of the Schedule to, S.I. 1999/3142 ; and in the case of the Department for Health, Social Services and Public Safety, by virtue of the powers vested in the Minister in charge of that Department by virtue of section 95(5) of, and paragraph 10 of Schedule 12 to, the Northern Ireland Act 1998 (c. 47) which may now be exercised by the Department by virtue of section 1(8) of, and paragraph 4(1)(b) of the Schedule to, the Northern Ireland Act 2000 (c. 1) ; the Department was renamed by virtue of Article 3(6) of S.I. 1999/283 (N.I.1) .
S.I. 1997/1830 ; relevant amending instruments are S.I. 2000/1917 , 2002/549 , 2003/696 and 2915 and 2004/2 .
S.I. 2002/254 .
Schedule 3A was inserted by S.I. 2002/549 , and amended by S.I. 2003/696 , 2003/ 2915 and 2004/2 .
Schedule 7 was inserted by S.I.2000/1917 , and amended by S.I. 2000/2899 and 2003/1590 .