PART 12Dealings with medicinal products

CHAPTER 3Exemptions

Exemptions relating to supply in specific circumstances

Exemptions relating to prescriptions given by certain health professionals

228.—(1) Regulation 214(1) does not apply to the sale or supply of a prescription only medicine by a pharmacist where—

(a)the sale or supply is in accordance with a prescription given by a person listed in paragraph (2) who is not an appropriate practitioner in relation to that prescription only medicine; but

(b)the pharmacist, having exercised all due diligence, believes on reasonable grounds that the person is such a practitioner.

(2) Those persons are—

(a)another pharmacist;

(b)a registered nurse;

(c)a registered midwife;

(d)a person whose name is entered in the part of the Health and Care Professions Council register relating to—

(i)chiropodists and podiatrists,

(ii)physiotherapists, or

(iii)radiographers: diagnostic or therapeutic; or

(e)a registered optometrist.

(3) Regulation 214(1) does not apply to the sale or supply of a prescription only medicine by a pharmacist where—

(a)the sale or supply is in accordance with a prescription given by a supplementary prescriber; and

(b)the pharmacist, having exercised all due diligence, believes on reasonable grounds that the supplementary prescriber has complied with regulation 215.