Statutory Instrument 2005 No. 765 The Medicines for Human Use (Prescribing) Order 2005 © Crown Copyright 2005 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. 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STATUTORY INSTRUMENTS 2005 No. 765 MEDICINES The Medicines for Human Use (Prescribing) Order 2005 Made 16th March 2005 Laid before Parliament 17th March 2005 Coming into force 7th April 2005 As respects England, Scotland and Wales, the Secretary of State in England, and , as respects Northern Ireland, the Department of Health, Social Services and Public Safety and the Department of Agriculture and Rural Development, acting jointly in exercise of the powers conferred upon them by sections 15(1), 58(1), (4), (4A), (4B) and (5) and 129(4) of the Medicines Act 1968[1], or, as the case may be, those powers 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, and taking into account the advice of the Medicines Commission, pursuant to section 129(7) of that Act, hereby make the following Order: - Citation, commencement, extent and interpretation 1. - (1) This Order may be cited as the Medicines for Human Use (Prescribing) Order 2005 and shall come into force on 7th April 2005. (2) Subject to paragraph (3), this Order applies to the whole of the United Kingdom. (3) Paragraphs (2) and (3) of article 2 extend to Scotland only. (4) In this Order - "the Act" means the Medicines Act 1968; "first level nurse" means a person registered in Sub-Part 1 of the Nurses' Part of the professional register; "medicinal product" includes any article or substance in respect of which section 58 of the Act has effect by virtue of an order made under section 104 of the Act, but does not include - (a) a medicinal product which is a veterinary drug as defined in section 132(1) of the Act; or (b) an article or substance in respect of which section 58 has such effect where that article or substance is only to be administered to animals; "the POM Order" means the Prescription Only Medicines (Human Use) Order 1997[3]; "professional register" means the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001[4]; "registered midwife" means a person registered in the Midwives' Part of the professional register; "relevant register" means - (a) in relation to a first level nurse or registered midwife, the professional register; (b) in relation to a pharmacist, the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954[5] or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976[6]; and (c) in relation to a person whose name is registered in the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001[7] relating to - (i) chiropodists and podiatrists; (ii) physiotherapists; (iii) radiographers: diagnostic or therapeutic, that register; "supplementary prescriber" means - (a) a first level nurse; (b) a pharmacist; (c) a registered midwife; or (d) a person whose name is registered in the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to - (i) chiropodists and podiatrists; (ii) physiotherapists; or (iii) radiographers: diagnostic or therapeutic, against whose name is recorded in the relevant register an annotation or entry signifying that he is qualified to order drugs, medicines and appliances as a supplementary prescriber. Exemption to the restrictions imposed by sections 7 and 8 of the Medicines Act 1968 2. - (1) The restrictions imposed by sections 7 and 8 of the Medicines Act 1968 do not apply to anything which is done in a registered pharmacy, a hospital or a health centre and is done there by or under the supervision of a pharmacist and consists of - (a) preparing or dispensing a medicinal product in accordance with a prescription given by a supplementary prescriber; or (b) procuring the preparation or dispensing of a medicinal product in accordance with a prescription given by a supplementary prescriber. (2) The restrictions imposed by sections 7 and 8 of the Medicines Act 1968 do not apply to anything which is done in a care home service and is done there by or under the supervision of a pharmacist and consists of - (a) preparing or dispensing a medicinal product in accordance with a prescription given by a supplementary prescriber; or (b) procuring the preparation or dispensing of a medicinal product in accordance with a prescription given by a supplementary prescriber. (3) In paragraph (2), "a care home service" has the meaning given by section 2(3) of the Regulation of Care (Scotland) Act 2001[8]. Amendment of article 1 of the POM Order 3. In article 1 of the POM Order (citation, commencement and interpretation), in paragraph (2) - (a) in the definition of "relevant register" - (i) in paragraph (a) omit "and"; (ii) in paragraph (b), after "the Pharmacy (Northern Ireland) Order 1976;" insert "and"; and (iii) after paragraph (b), insert - " (c) in relation to a person whose name is registered in the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to - (i) chiropodists and podiatrists; (ii) physiotherapists; or (iii) radiographers: diagnostic or therapeutic; that register"; (b) in the definition of "supplementary prescriber"[9] - (i) in paragraph (b), omit "or"; (ii) in paragraph (c), after "a registered midwife," insert "or"; (iii) after paragraph (c), insert - " (d) a person whose name is registered in the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to - (i) chiropodists and podiatrists; (ii) physiotherapists; or (iii) radiographers: diagnostic or therapeutic;"; and (c) after "an annotation", insert "or entry". Amendment of article 3B of the POM Order 4. In article 3B[10] of the POM Order (prescribing and administration by supplementary prescribers), in paragraph (3), omit sub-paragraph (b). Amendment of article 13A of the POM Order 5. In article 13A[11] of the POM Order (exemptions relating to prescriptions given by nurses), in paragraph (1) - (a) in paragraph (b), omit "or"; (b) in paragraph (c), after "a registered midwife;", insert "or"; (c) after paragraph (c), insert - " (d) a person whose name is registered in the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to - (i) chiropodists and podiatrists; (ii) physiotherapists; or (iii) radiographers: diagnostic or therapeutic,". Amendment of article 15 of the POM Order 6. For Article 15 of the POM Order (prescriptions)[12], substitute the following article - " 15. - (1) For the purposes of section 58(2)(a), and subject to paragraph (3), a prescription only medicine shall not be taken to be sold or supplied in accordance with a prescription given by an appropriate practitioner unless the conditions specified in paragraph (2) are fulfilled. (2) The conditions referred to in paragraph (1) are that the prescription - (a) shall be signed in ink with his own name by the appropriate practitioner giving it; (b) shall, without prejudice to sub-paragraph (a), be written in ink or otherwise so as to be indelible, unless it is a health prescription which is not for a controlled drug specified in Schedule