Citation and commencement

1. This Order may be cited as the Medicines for Human Use (Prescribing)(Miscellaneous Amendments) Order 2009 and shall come into force on 8th May 2009.

Amendment of article 1 of the Prescription Only Medicines (Human Use) Order 1997

2. In article 1 of the Prescription Only Medicines (Human Use) Order 1997(citation, commencement and interpretation)( 4 ), in paragraph (2), in the definition of “Health Authority”, delete sub-paragraph (a).

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)( 5 ) 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. ” .

Insertion of article 12F into the Prescription Only Medicines (Human Use) Order 1997

4. After article 12E of the Prescription Only Medicines (Human Use) Order 1997 (exemption for health professionals who supply or administer prescription only medicines under a Patient Group Direction in order to assist the provision of health care by or on behalf of the police, the prison services or the armed forces)( 6 ) insert the following article—

“ Exemption for the supply of prescription only medicines in the event or anticipation of pandemic disease

12F. The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to the supply of a prescription only medicine by an individual where that supply is—

(a) 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) in accordance with a protocol which—

(i) is approved by—

(aa) the Ministers;

(bb) an NHS body (within the meaning of article 7A(4) ( 7 ) ); or

(cc) the Health Protection Agency established under section 1 of the Health Protection Agency Act 2004 ( 8 ) ; and

(ii) contains criteria as to—

(aa) symptoms of, and treatment for, that disease;

(bb) the recording of the name of the person who supplies the prescription only medicine to the person to be treated (or to a person acting on that person’s behalf) and of the evidence that the medicine was supplied to the person to be treated (or to a person acting on that person’s behalf). ” .

Insertion of article 8 in the Medicines (Pharmacy and General Sale—Exemption) Order 1980

5. After article 7 of the Medicines (Pharmacy and General Sale-Exemption) Order 1980 (exemption for foods and cosmetics)( 9 ) insert the following article—

“ Exemption for the supply of medicines in the event, or anticipation, of pandemic disease

8. The restrictions imposed by sections 52 and 53 (sale or supply of medicinal products) shall not apply to the supply of a medicinal product by a person where that supply is—

(a) 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) in accordance with a protocol which—

(i) is approved by—

(aa) the Ministers;

(bb) an NHS body (within the meaning of article 7A(4) of the Prescription Only Medicines (Human Use) Order 1997); or

(cc) the Health Protection Agency established under section 1 of the Health Protection Agency Act 2004; and

(ii) contains criteria as to—

(aa) symptoms of, and treatment for, that disease;

(bb) the recording of the name of the person who supplies the prescription only medicine to the person to be treated (or to a person acting on that person’s behalf) and of the evidence that the medicine was supplied to the person to be treated (or to a person acting on that person’s behalf. ” .