The Prescription Only Medicines (Human Use) Amendment Order 2004

• Citation: S.I. 2004/2
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Prescription Only Medicines (Human Use) Amendment Order 2004 and shall come into force on 31 st January 2004.

(2) In this Order, “the principal Order ” means the Prescription Only Medicines (Human Use) Order 1997 .

Section 2 Amendment to article 12 of the principal Order

For article 12 of the principal Order , there is substituted—

Exemption for sale and supply in hospitals

(12)

(1) Subject to paragraph (3), the restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to the sale or supply of a prescription only medicine in the course of the business of a hospital where the medicine is sold or supplied for the purpose of being administered (whether in the hospital or elsewhere) to a particular person in accordance with directions satisfying the conditions specified in paragraph (2).

(2) The conditions specified in paragraph (1) are that the directions—

(a) are in writing;

(b) relate to the particular person to whom the medicine is to be administered; and

(c) are given by a person (other than a veterinary surgeon or veterinary practitioner) who is an appropriate practitioner in relation to that medicine.

(3) Such directions may be given by an extended formulary nurse prescriber or a supplementary prescriber only where he complies with any condition as to the cases or circumstances in which he may give a prescription for that medicine specified by virtue of article 3A or 3B, as if the directions are a prescription.

(4) The exemption in paragraph (1) applies notwithstanding that the directions do not satisfy the conditions specified in article 15(2).

Section 3 Amendment of Schedule 3A to the principal Order

In the table in Schedule 3A to the principal Order (substances which may be prescribed, administered or directed for administration by extended formulary nurse prescribers and conditions for such prescription or administration)—

(a) for the entry for “Erythromycin”, in column 2, after “External Use” insert “or oral”;

(b) for the entry “Fusidic acid”, in column 2 for “Opthalmic Use” substitute “External Use”;

(c) for the entry “Hycosine butylbromide”, in column 2, after “parenteral” insert “or transdermal”;

(d) for the entry “Hycosine hydrobromide”, in column 2, for “Oral, parenteral or transdermal administration in palliative care” substitute “Oral or parenteral administration in palliative care”;

(e) for the entry “Metronidazole”, in column 2 for “External use or oral” substitute “External use, oral or rectal”;

(f) for the entry “Prednisolone sodium phosphate”, in column 2, after “Aural” insert “or oral”;

(g) in column 1 insert, at the appropriate place in the alphabetical order of the entries as they appear in that column, each of the entries set out in column 1 below, and in column 2 insert, against those entries, the corresponding entries in column 2 below—

Section 4 Amendment of Schedule 5 to the principal Order

In Schedule 5 to the principal Order (exemption for certain persons from section 58(2) of the Medicines Act 1968), insert in the list in column 2 of paragraph 2 of Part III, at the appropriate place in the alphabetical order of the entries as they appear in that list, the following entries—

“Diamorphine”

“Morphine”.