The Prescription Only Medicines (Human Use) Amendment Order 2003 © Crown Copyright 2003 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. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Prescription Only Medicines (Human Use) Amendment Order 2003, ISBN 0110453506. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
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 the 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 and interpretation 1. - (1) This Order may be cited as the Prescription Only Medicines (Human Use) Amendment Order 2003 and shall come into force on 4th April 2003. (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. - (1) Article 1 of the principal Order (citation, commencement and interpretation) is amended as follows. (2) In paragraph (2) -
(b) the doctor or dentist who is a party to the plan, and (c) any supplementary prescriber who is to prescribe, give directions for administration or administer under the plan;
(b) article 4 of the Medicines (Exemption from Licences) (Special Cases and Miscellaneous Provisions) Order 1972[4], (c) article 2 or 3 of the Medicines (Exemption from Licences) (Clinical Trials) Order 1974[5], or (d) article 3 of the Medicines (Exemption from Licences) (Clinical Trials) Order 1995[6];";
(b) in the definition of "extended formulary nurse prescriber" -
(c) after the definition of "external use", insert the following definition -
(f) after the definition of "health prescription", insert the following definition -
(b) in relation to Scotland, has the meaning given by section 77(1) of the Regulation of Care (Scotland) Act 2001[11];
(b) in relation to Scotland, means -
(ii) a private psychiatric hospital,
as defined by section 77(1) of the Regulation of Care (Scotland) Act 2001;
(b) in relation to Scotland, has the meaning given by section 77(1) of the Regulation of Care (Scotland) Act 2001;";
(h) after the definition of "NHS trust"[12], insert the following definition -
(b) in relation to Scotland, the Scottish Ministers exercising functions in relation to prisons (within the meaning of the Prisons (Scotland) Act 1989[16]), and (c) in relation to Northern Ireland, the Northern Ireland Department exercising functions in relation to prisons (within the meaning of the Prison Act (Northern Ireland) 1953[17]);";
(j) after the definition of "registered ophthalmic optician", insert the following definition -
(ii) in relation to Scotland, the person who is registered under Part 1 of the Regulation of Care (Scotland) Act 2001 as the person providing the establishment or agency, and
(b) in relation to a nursing home, the person registered under Part III of the Registered Homes (Northern Ireland) Order 1992 as the person carrying on the nursing home, other than a manager who is to be treated as carrying on the home by virtue of article 17(2) of that order;
(bb) if there is no such person, but the registered provider has appointed a person to manage the establishment or agency, that appointed person,
(ii) in relation to Scotland, a person, other than the registered provider, who was identified as an individual who is to manage the establishment or agency on the application for registration of that establishment or agency under Part 1 of Regulation of Care (Scotland) Act 2001, and
(b) in relation to a nursing home, the manager of the nursing home, unless they are the registered provider for that home;
(b) in relation to a pharmacist, the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954[18] or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976[19];"; and
(k) after the definition of "Strategic Health Authority"[20], insert the following definition -
(b) a pharmacist,
against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as a supplementary prescriber;".
(3) In paragraph (7)[21], for "12C" substitute "12E".
Amendment of article 3A of the principal Order
(b) after paragraph (3), add the following paragraph -
(b) he complies with the applicable conditions set out in article 3B(3).".
Insertion of articles 3B and 3C of the principal Order
3B. - (1) Subject to paragraph (2), a supplementary prescriber may -
(b) if that medicinal product is for parenteral administration -
(ii) give directions for the administration of that medicinal product,
only where he complies with the conditions as to the cases or circumstances in which he may do so specified in paragraph (3).
(2) Paragraph (1) does not apply if -
(b) the supplementary prescriber is an extended formulary nurse prescriber and -
(ii) he satisfies any applicable condition specified by virtue of article 3A(3).
(3) The conditions referred to in paragraph (1) are that -
(ii) is in effect at the time the prescription or direction is given or, as the case may be, the product is administered, and (iii) includes the particulars specified in Schedule 3B;
(b) at the time the prescription or directions are given or, as the case may be, the product is administered -
(ii) the product is, or is to be, administered in the course of a clinical trial and -
(b) a clinical trial exemption has effect in relation to the supply of the product for the purposes of the trial; and
(c) the supplementary prescriber has access to the health records of the patient to whom the plan relates which are used by any doctor or dentist who is a party to the plan.
Exemptions from conditions in respect of the cases or circumstances in which an extended formulary nurse prescriber or supplementary prescriber may administer a medicinal product
(b) that administration is exempt from the restriction in section 58(2)(b) (restriction on administration) by virtue of any of the subsequent provisions of this Order.".
Insertion of article 5A of the principal Order
5A. A medicinal product falling within article 3(g) shall be exempt from the restrictions imposed by section 58(2) (restrictions on sale, supply and administration) if the quantity of that product sold or supplied to a person at any one time does not exceed 100 tablets or capsules.".
Amendment of article 8 of the principal Order
(ii) in sub-paragraph (b), after "doctor" insert ", supplementary prescriber", and (iii) in sub-paragraph (c), after "doctor" insert ", supplementary prescriber"; and
(b) in paragraph (4), in sub-paragraph (a), in head (ii), after "doctor" insert ", supplementary prescriber".
Amendment of article 10 of the principal Order
Arsenic Trioxide Belladonna Herb Ignatia Bean Nux Vomica Seed,
if each such unit preparation has been diluted to at least one part in a million (6x)".
Amendment of article 12C of the principal Order
(ii) an authority or person carrying on the business of an establishment or agency referred to in article 12D(1), (iii) a force or service referred to in article 12E(1)(a)(i) to (iii), or (iv) Her Majesty's Forces,
for the supply or, as the case may be, the administration of prescription only medicines;";
(b) in paragraph (2) -
(ii) in the case of an arrangement with an authority or person carrying on the business of an establishment or agency referred to in article 12D(1), by or on behalf of the relevant provider and, if there is a relevant manager for the establishment or agency, that manager, (iii) in the case of an arrangement with a prison service, by or on behalf of the person specified in column 2 of the Table in Part IIA of Schedule 7 to this Order against the entry in column 1 of that Table for that service, (iv) in the case of an arrangement with a police force or the Police Service of Northern Ireland -
(b) a doctor who is not employed or engaged by, and who does not provide services under arrangements made with, any police force or the Police Service of Northern Ireland, and
(v) in the case of an arrangement with Her Majesty's Forces, by or on behalf of a person specified in column 2 of the Table in Part IIA of Schedule 7 to this Order against the entry in column 1 of that Table for Her Majesty's Forces;", and
(ii) in sub-paragraph (cc)[24], for "designated in writing" to the end substitute the following -
(ii) in the case of an arrangement with an authority or person carrying on the business of an establishment or agency referred to in article 12D(1), by or on behalf of the relevant provider or, if there is a relevant manager for the establishment or agency, that relevant manager, (iii) in the case of an arrangement with a force or service referred to in article 12E(1)(a)(i) to (iii), by or on behalf of the person specified in column 2 of the Table in Part IIA of Schedule 7 to this Order against the entry in column 1 of that Table for that force or service, or (iv) in the case of an arrangement with Her Majesty's Forces, by or on behalf of a person specified in column 2 of the Table in Part IIA of Schedule 7 to this Order against the entry in column 1 of that Table for Her Majesty's Forces,
for the purpose of the administration of prescription only medicines under the Patient Group Direction; and".
Insertion of articles 12D and 12E of the principal Order
12D. - (1) The restrictions imposed by section 58(2) (restrictions on sale, supply and administration) shall not apply to the supply or, as the case may be, the administration of a prescription only medicine in the course of the business of -
(ii) an independent clinic, or (iii) an independent medical agency; or
(b) in Northern Ireland, a nursing home,
where the medicine is supplied for the purpose of being administered, or, as the case may be, is administered, to a particular person in accordance with a Patient Group Direction and where the conditions specified in paragraph (2) are satisfied.
(b) the Patient Group Direction contains the particulars specified in Part I of Schedule 7 to this Order (but with the omission of paragraph (c) of that Part in the case of a Direction which relates to administration only); (c) the Patient Group Direction is signed -
(ii) if there is a relevant manager for the independent hospital, clinic or agency, or nursing home, by that manager;
(d) the individual who supplies or, as the case may be, administers the medicine belongs to one of the classes of individual specified in Part III of Schedule 7 to this Order, and is designated in writing -
(ii) if there is a relevant manager for the independent hospital, clinic or agency, or nursing home, by that manager,
for the purpose of the supply or, as the case may be, the administration of prescription only medicines under the Patient Group Direction; and
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
(ii) the Police Service of Northern Ireland, (iii) a prison service, or (iv) Her Majesty's Forces;
(b) the medicine is supplied for the purpose of being administered, or, as the case may be, is administered, in accordance with a Patient Group Direction; and
(2) The conditions referred to are that -
(b) the Patient Group Direction has effect at the time at which the medicine is supplied or, as the case may be, is administered; (c) the Patient Group Direction contains the particulars specified in Part I of Schedule 7 to this Order (but with the omission of paragraph (c) of that Part in the case of a Direction which relates to administration only); (d) the Patient Group Direction is signed -
(ii) in the case of a police force or the Police Service of Northern Ireland, by a doctor who is not employed or engaged by, and who does not provide services under arrangements made with, any police force or the Police Service of Northern Ireland;
(e) the individual referred to in paragraph (1) is designated in writing, by or on behalf of the authorising person, for the purpose of the supply or, as the case may be, the administration of prescription only medicines under the Patient Group Direction; and
Amendment of article 13A of the principal Order
(b) a registered nurse, or (c) a registered midwife,
who is not an appropriate practitioner in relation to that medicine where the pharmacist selling or supplying the medicine, having exercised all due diligence, believes on reasonable grounds that the person is such a practitioner."; and
(ii) for "article 3A(2) and (3)" substitute "articles 3A(2) and (3) or 3B".
Amendment of article 15 of the principal Order
(b) in head (iv), after "dentist" insert ", a supplementary prescriber".
Amendment of Schedule 3 to the principal Order
Amendment of Schedule 3A to the principal Order
(b) omit the entry for "Vaccine, Poliomyelitis, Inactivated"; and (c) 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 -
Insertion of Schedule 3B of the principal Order A clinical management plan shall contain the following particulars -
(b) the illnesses or conditions which may be treated by the supplementary prescriber; (c) the date on which the plan is to take effect and when it is to be reviewed by the doctor or dentist who is a party to the plan; (d) reference to the class or description of medicinal product which may be prescribed or administered under the plan; (e) any restrictions or limitations as to the strength or dose of any product which may be prescribed or administered under the plan, and any period of administration or use of any medicinal product which may be prescribed or administered under the plan; (f) relevant warnings about the known sensitivities of the patient to, or known difficulties of the patient with, particular medicinal products; (g) the arrangements for notification of -
(ii) suspected or known adverse reactions to any other medicinal product taken at the same time as any medicinal product prescribed or administered under the plan; and
(h) the circumstances in which the supplementary prescriber should refer to, or seek the advice of, the doctor or dentist who is a party to the plan."
Amendment of Schedule 7 to the principal Order
(This note is not part of the Order) This Order amends the Prescription Only Medicines (Human Use) Order 1997 ("the principal Order") which specifies the descriptions and classes of medicines ("prescription only medicines") which, subject to exemptions specified in the Order, may be sold or supplied only in accordance with the prescription of an "appropriate practitioner", and may be administered only by or in accordance with the directions of such a practitioner. Articles 2, 3, 5, 6, 8, 12, 13 and 16 make provision for nurses and pharmacists meeting certain conditions ("supplementary prescribers") to prescribe and administer prescription only medicines in accordance with clinical management plans relating to individual patients. Article 3 amends article 2 of the principal Order, so that supplementary prescribers are "appropriate practitioners" able to prescribe prescription only medicines. Article 5 amends article 3A of the principal Order, so that an extended formulary nurse prescriber may prescribe medicinal products without complying with the conditions in article 3A, if they are a supplementary prescriber complying with the new article 3B. Article 6 inserts new articles 3B and 3C into the principal Order: article 3B specifies the conditions as to the cases and circumstances in which supplementary prescribers may prescribe and administer prescription only medicines, including the requirement to prescribe in accordance with a clinical management plan; article 3C sets out when the conditions on administration by supplementary prescribers and extended formulary nurse prescribers do not apply. Article 16 inserts a new Schedule 3B into the principal Order, which sets out the requirements for clinical management plans. Articles 8, 12 and 13 make consequential amendments. Articles 4 and 7 provide that certain medicinal products consisting of or containing aloxiprin, aspirin or paracetamol are prescription only medicines, unless the quantity sold or supplied is less than 100. Article 9 provides that medicinal products are exempt from the restrictions on prescription only medicines, if they consist of or contain solely certain substances at high dilutions. Articles 2, 10, 11 and 17 make provision for the supply or administration of prescription only medicines under a Patient Group Direction (i.e. a written direction providing for the supply or administration of a description or class of medicines to persons generally) to assist the provision of health care by certain non-NHS health care providers (i.e. a provider of health care other than a National Health Service body or a person providing services under an arrangement with such a body). In particular, Article 10 amends article 12C of the principal Order so as to enable a person conducting a retail pharmacy business to supply or administer prescription only medicines under an arrangement with certain non-NHS health care providers in accordance with a Patient Group Direction. Article 11 inserts new articles 12D and 12E into the principal Order -
(b) article 12E provides for the supply and administration of prescription only medicines by designated health professionals in order to assist the provision of health care by or on behalf of the police, the prison services or the armed forces, in accordance with a Patient Group Direction.
Article 17 inserts new Part IIA of Schedule 7 to the principal Order, which specifies the persons by whom or on whose behalf a Patient Group Direction for the police, prison services or armed forces must be signed. Notes: [1] 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).back [2] 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).back [3] S.I. 1997/1830, amended by S.I. 1997/2044, 1998/108, 1178 and 2081, 1999/1044 and 3463, 2000/1917, 2899 and 3231, 2001/2777, 2889 and 3942, and 2002/549 and 2469.back [7] The definition of "Health Authority" was inserted by S.I. 2000/1917.back [9] The definition of "homoeopathic certificate of registration" was inserted by S.I. 2000/1917.back [12] The definition of "NHS trust" was inserted by S.I. 2000/1917.back [13] S.I. 1992/3204 (N.I. 20).back [14] The definition of "Primary Care Trust" was inserted by S.I. 2000/1917.back [19] S.I. 1976/1213 (N.I.22).back [20] The definition of "Strategic Health Authority" was inserted by regulation 7 of, and Schedule 4 to, S.I. 2002/2469.back [21] Regulation 1(7) to (9) was inserted by S.I. 2000/1917.back [22] Article 3A was inserted by S.I. 2002/549.back [23] Article 12C was inserted by S.I. 2000/1917.back [24] Sub-paragraph (cc) was inserted by S.I. 2000/2899.back [25] Article 13A was inserted by S.I. 2002/549.back [26] Article 15 was amended by S.I. 2001/2889.back [27] Schedule 7 was inserted by S.I. 2000/1917.back
ISBN 0 11 045350 6
|
|
| ||
| We welcome your comments on this site | © Crown copyright 2003 | Prepared 24 March 2003 |