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4. After article 12E of the Prescription Only Medicines (Human Use) Order 1997 (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)(1) insert the following article—
12F. The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to the supply of a prescription only medicine by an individual where that supply is—
(i)whilst a disease is, or
(ii)in anticipation of a disease being imminently,
pandemic and a serious risk, or potentially a serious risk, to human health; and
(b)in accordance with a protocol which—
(i)is approved by—
(bb)an NHS body (within the meaning of article 7A(4)(2)); or
(cc)the Health Protection Agency established under section 1 of the Health Protection Agency Act 2004(3); and
(ii)contains criteria as to—
(aa)symptoms of, and treatment for, that disease;
(bb)the recording of the name of the person who supplies the prescription only medicine to the person to be treated (or to a person acting on that person’s behalf) and of the evidence that the medicine was supplied to the person to be treated (or to a person acting on that person’s behalf).”.
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