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Regulation 220B Sale or supply of items dispensed by a pharmacist who is absent or treated as absentF1

(1)

A person (P1) acts in accordance with this regulation where—

(a)

the transaction relates to a medicinal product that has been dispensed by or under the supervision of a pharmacist (P2) and is ready for sale or supply to or for the person for whom it has been dispensed;

(b)

P2 authorises P1 to carry out the transaction in question on P2’s behalf in P2’s absence; and

(c)

P1 carries out that transaction on P2’s behalf—

(i)

in P2’s absence, or

(ii)

in circumstances where P2 is treated as being absent,

in accordance with any conditions or restrictions that P2 has imposed pursuant to paragraph (2), sub-paragraphs (b) or (c) (and the authorisation has not been withdrawn).

(2)

An authorisation given for the purposes of paragraph (1)(b)—

(a)

may be given orally or in writing;

(b)

may be given subject to conditions or restrictions; and

(c)

may be varied or withdrawn by P2.

(3)

In giving an authorisation for the purposes of paragraph (1)(b), P2 must have due regard to patient safety.

(4)

A failure to comply with paragraph (3)—

(a)

does not affect the validity of any authorisation, but

(b)

may constitute misconduct for the purposes of section 80 of the Medicines Act 1968 (power for relevant disciplinary committee to disqualify and direct removal from register) or article 51(1)(a) of the Pharmacy Order 2010 (impairment of fitness to practise) and the relevant disciplinary committee may deal with any such failure accordingly.

(5)

For the purposes of paragraph (1)(c)(ii), P2 is to be treated as being absent from premises that are a registered pharmacy if P2 is at the pharmacy but not available to intervene in, or not in a position to intervene in, the transaction in question.

Annotations

Textual amendments

F1

Reg. 220B inserted (7.1.2026) by The Human Medicines (Authorisation by Pharmacists and Supervision by Pharmacy Technicians) Order 2025 (S.I. 2025/1249), arts. 1(2)(5)(a), 7(4)

Notes on Part 12

Modifications

C1

Pt. 12 modified (E.W.) (1.10.2015) by The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015 (S.I. 2015/895), regs. 1(3), 4(2)