Statutory Instrument 1997 No. 1830
The Prescription Only Medicines (Human Use) Order 1997 - continued

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  Exemption for non-parenteral administration to human beings
     9. The restriction imposed by section 58(2)(b) (restriction on administration) shall not apply to the administration to human beings of a prescription only medicine which is not for parenteral administration.

Exemption for medicinal products at high dilutions
    
10. The restrictions imposed by section 58(2) (restrictions on sale, supply and administration) shall not apply to the sale, supply or administration of a medicinal product which is not for parenteral administration and which consists of or contains, any of the substances listed in column 1 of Schedule 1 or 2, only one or more unit preparation of such substances, if-

    (a) each such unit preparation has been diluted to at least one part in a million (6x), and the person selling, supplying or administering the medicinal product has been requested by or on behalf of a particular person and in that person's presence to use his own judgment as to the treatment required; or

    (b) each such unit preparation has been diluted to at least one part in a million million (6c).

Exemptions for certain persons
    
11.  - (1) The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply-

    (2) The restriction imposed by section 58(2)(b) (restriction on administration) shall not apply to the administration by a person listed in column 1 of Part III of Schedule 5 of the prescription only medicines for parenteral administration listed in relation to that person in column 2 of that Part where the conditions specified in the corresponding paragraphs in column 3 of that Part are satisfied.

Exemption for sale or supply in hospitals
    
12. The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to the sale or supply of any prescription only medicine in the course of the business of a hospital where the prescription only medicine is sold or supplied in accordance with the written directions of a doctor or dentist notwithstanding that those directions do not satisfy the conditions specified in article 15(2).

Exemption in cases involving another's default
    
13. 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 by a person who, having exercised all due diligence, believes on reasonable grounds that the product sold or supplied is not a prescription only medicine.

Exemption in the case of a forged prescription
    
14. 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 by a pharmacist in accordance with a forged prescription where the pharmacist, having exercised all due diligence, believes on reasonable grounds that the prescription is genuine.

Prescriptions
    
15.  - (1) For the purposes of section 58(2)(a) 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-

    (3) The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to a sale or supply of a prescription only medicine which is not in accordance with a prescription given by an appropriate practitioner by reason only that a condition specified in paragraph (2) is not satisfied where the person selling or supplying the prescription only medicine, having exercised all due diligence, believes on reasonable grounds that that condition is satisfied in relation to that sale or supply.

    (4) In paragraph (2) "the appropriate date" means-

and, for the purposes of sub-paragraphs (d) and (e) of that paragraph, where a health prescription bears both the date on which it was signed and a date indicated as being that before which it shall not be dispensed, the appropriate date is the later of those dates.

Revocations
    
16.  - (1) The Orders specified in Schedule 6 are revoked.

    (2) In the Medicines (Prescription Only, Pharmacy and General Sale) Amendment Order 1989[
1] articles 2 to 6 and Schedules 1 and 2 are revoked.



Signed by authority of the Secretary of State for Health


Baroness Jay
Minister of State, Department of Health

21st July 1997


Win Griffiths
Parliamentary Under Secretary of State, Welsh Office

25th July 1997


Sam Galbraith
Parliamentary Under Secretary of State, The Scottish Office

23rd July 1997


Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food

25th July 1997



Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 22nd July 1997.

L.S.


D. C. Gowdy
Permanent Secretary


Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 18th July 1997.

L.S.


P. Small
Permanent Secretary


Notes:

[1] S.I. 1989/1852.back


 
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