The Prescription Only Medicines (Human Use) Amendment Order 2004

Citation, commencement and interpretation

1.—(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(1).

Amendment to article 12 of the principal Order

2.  For article 12 of the principal Order(2), 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).”.

Amendment of Schedule 3A to the principal Order

3.  In the table in Schedule 3A to the principal Order(3) (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—

Column 1	Column 2
Amitriptyline hydrochloride	Oral
Azithromycin dihydrate	Oral
Carbamazepine	Oral or rectal
Clavulanic acid	Oral
Conjugated oestrogens (equine)	External use
Diclofenac potassium	Oral
Diclofenac sodium	Oral or rectal
Erythromycin ethyl succinate	Oral
Erythromycin stearate	Oral
Estradiol	External use
Estriol	External use
Etonogestrel	Implant
Flumazenil	Parenteral
Gabapentin	Oral
Glucagon hydrochloride	Parenteral
Glucose	Parenteral
Imipramine hydrochloride	Oral
Lignocaine hydrochloride	External use or parenteral
Lymecycline	Oral
Nortriptyline hydrochloride	Oral
Prednisolone	Oral
Salbutamol sulphate	Inhalation
Sodium fusidate	External use
Terbutaline sulphate	Inhalation

Amendment of Schedule 5 to the principal Order

4.  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”.

Signed by authority of the Secretary of State for Health

Warner

Parliamentary Under Secretary of State,

Department of Health

31st December 2003

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety

L.S.

D.C. Gowdy

Permanent Secretary,

Department of Health, Social Services and Public Safety

6th January 2004