Regulation 14 Documents to be obtained by supplier of controlled drugs

United Kingdom

(1)

Where a person (hereafter in this paragraph referred to as “the supplier”), not being a practitioner, supplies a controlled drug otherwise than on a prescription, the supplier shall not deliver the drug to a person who—

(a)

purports to be sent by or on behalf of the person to whom it is supplied (hereafter in this paragraph referred to as “the recipient”); and

(b)

is not authorised by any provision of these Regulations other than the provisions of regulation 6(6) and (7)(f) to have that drug in his possession,

unless that person produces to the supplier a statement in writing signed by the recipient to the effect that he is empowered by the recipient to receive that drug on behalf of the recipient, and the supplier is reasonably satisfied that the document is a genuine document.

(2)

Where a person (hereafter in this F1regulation referred to as “the supplier”) supplies a controlled drug, otherwise than on a prescription or by way of administration, to any of the persons specified in paragraph (4), the supplier shall not deliver the drug—

(a)

until he has obtained a requisition in writing which—

(i)

is signed by the person to whom the drug is supplied (hereafter in this paragraph referred to as “the recipient”);

(ii)

states the name, address and profession or occupation of the recipient;

(iii)

specifies the purpose for which the drug supplied is required and the total quantity to be supplied; and

(iv)

where appropriate, satisfies the requirements of paragraph (5);

F2(v)

is in the form approved by the Secretary of State, the Welsh Ministers or the Scottish Ministers, for the purposes of requisitioning Schedule 2 and 3 controlled drugs;

(b)

unless he is reasonably satisfied that the signature is that of the person purporting to have signed the requisition and that that person is engaged in the profession or occupation specified in the requisition,

except that where the recipient is a practitioner and he represents that he urgently requires a controlled drug for the purpose of his profession, the supplier may, if he is reasonably satisfied that the recipient so requires the drug and is, by reason of some emergency, unable before delivery to furnish to the supplier a requisition in writing duly signed, deliver the drug to the recipient on an undertaking by the recipient to furnish such a requisition within the twenty-four hours next following.

(3)

A person who has given such an undertaking as aforesaid shall deliver to the person by whom the controlled drug was supplied a signed requisition in accordance with the undertaking.

(4)

The persons referred to in paragraph (2) are—

(a)

a practitioner;

(b)

the person in charge or acting person in charge of F3a hospital, organisation providing ambulance services or F4care home;

(c)

a person who is in charge of a laboratory;

(d)

the owner of a ship, or the master of a ship which does not carry a doctor among the seamen employed in it;

(e)

the master of a foreign ship in a port in Great Britain;

(f)

the installation manager of an offshore installation.

F5(g)

a supplementary prescriber;

F6(h)

a nurse independent prescriber;

(i)

a pharmacist independent prescriber

F7(j)

a person who holds a certificate of proficiency in ambulance paramedic skills issued by, or with the approval of, the Secretary of State, or a person who is a registered paramedic

(5)

A requisition furnished for the purposes of paragraph (2) shall—

F8(a)

where furnished by the person in charge or acting person in charge of a hospital, organisation providing ambulance services or care home, be signed by a doctor or dentist employed or engaged in that hospital, organisation or care home;

(b)

where furnished by the master of a foreign ship, contain a statement, signed by the proper officer of the port health authority, or, in Scotland, F9a health board competent person designated under section 3 of the Public Health etc. (Scotland) Act 2008 by the health board by the Health Board, within whose jurisdiction the ship is, that the quantity of the drug to be supplied is the quantity necessary for the equipment of the ship.

F10(5A)

Subject to paragraph (5B), on receipt of a requisition (other than a veterinary requisition) mentioned in paragraph (2), the supplier shall—

(a)

mark on the requisition in ink or otherwise indelibly his name and address; and

(b)

send the requisition to the relevant National Health Service agency in accordance with arrangements specified by that agency.

(5B)

Paragraph (5A) shall not apply where the supplier is—

(a)

a wholesale dealer; or

(b)

a person responsible for the dispensing and supply of medicines at a F11hospital, organisation providing ambulance services, care home or prison.

(6)

Where the person responsible for the dispensing and supply of medicines at F12any hospital, care home or prison supplies a controlled drug to an operating department practitioner, senior registered nurse, acting senior registered nurse, or registered midwife, for the time being in charge of any ward, theatre or department in that hospital, care home or prison (hereafter in this paragraph referred to as “the recipient”) he shall—

(a)

obtain a requisition in writing, signed by the recipient, which specifies the total quantity of the drug to be supplied; and

(b)

mark the requisition in such manner as to show that it has been complied with,

and any requisition obtained for the purposes of this paragraph shall be retained in the dispensary at which the drug was supplied and a copy of the requisition or a note of it shall be retained or kept by the recipient.

(7)

Nothing in this regulation shall have effect in relation to—

(a)

the drugs specified in Schedules 4 and 5 or poppy-straw;

(b)

any drug specified in Schedule 3 contained in or comprising a preparation which—

(i)

is required for use as a buffering agent in chemical analysis;

(ii)

has present in it both a substance specified in paragraph 1 or 2 of that Schedule and a salt of that substance; and

(iii)

is pre-mixed in a kit;

(c)

any exempt product.

F13(d)

subject to paragraph (6) any drug which is required—

(i)

for use in a prison; or

(ii)

for use in a care home, which as its whole or main purpose provides palliative care for persons resident there who are suffering from a progressive disease in its final stages.

F14(8)

In this regulation, “veterinary requisition” means a requisition which states, in accordance with paragraph (2)(ii), that the recipient is a veterinary surgeon or veterinary practitioner.

Annotations

Textual amendments

F1: Word in reg. 14(2) substituted (1.1.2008) by The Misuse of Drugs and Misuse of Drugs (Safe Custody) (Amendment) Regulations 2007 (S.I. 2007/2154), regs. 2(3)(c), 4(8)(a)
F2: Reg. 14(2)(a)(v) inserted (30.11.2015) by The Misuse of Drugs (Amendment) (No. 2) (England, Wales and Scotland) Regulations 2015 (S.I. 2015/891), regs. 1(3), 10(a) (with reg. 20)
F3: Words in reg. 14(4)(b) substituted (1.6.2015) by The Misuse of Drugs (Amendment) (No. 2) (England, Wales and Scotland) Regulations 2015 (S.I. 2015/891), regs. 1(1), 10(b)
F4: Words in reg. 14(4)-(6) substituted (16.8.2007) by The Misuse of Drugs and Misuse of Drugs (Safe Custody) (Amendment) Regulations 2007 (S.I. 2007/2154), regs. 2(1), 4(3)(c)
F5: Reg. 14(4)(g) inserted (14.3.2005) by The Misuse of Drugs (Amendment) Regulations 2005 (S.I. 2005/271), regs. 1, 2(9)
F6: Reg. 14(4)(h)(i) inserted (23.4.2012) by The Misuse of Drugs (Amendment No.2) (England, Wales and Scotland) Regulations 2012 (S.I. 2012/973), regs. 1(1), 12
F7: Reg. 14(4)(j) inserted (1.6.2015) by The Misuse of Drugs (Amendment) (No. 2) (England, Wales and Scotland) Regulations 2015 (S.I. 2015/891), regs. 1(1), 10(c)
F8: Reg. 14(5)(a) substituted (1.6.2015) by The Misuse of Drugs (Amendment) (No. 2) (England, Wales and Scotland) Regulations 2015 (S.I. 2015/891), regs. 1(1), 10(d)
F9: Words in reg. 14(5)(b) substituted (1.6.2015) by The Misuse of Drugs (Amendment) (No. 2) (England, Wales and Scotland) Regulations 2015 (S.I. 2015/891), regs. 1(1), 10(e)
F10: Reg. 14(5A)(5B) inserted (1.1.2008) by The Misuse of Drugs and Misuse of Drugs (Safe Custody) (Amendment) Regulations 2007 (S.I. 2007/2154), regs. 2(3)(c), 4(8)(b)
F11: Words in reg. 14(5B)(b) substituted (1.6.2015) by The Misuse of Drugs (Amendment) (No. 2) (England, Wales and Scotland) Regulations 2015 (S.I. 2015/891), regs. 1(1), 10(f)
F12: Words in reg. 14(6) substituted (1.6.2015) by The Misuse of Drugs (Amendment) (No. 2) (England, Wales and Scotland) Regulations 2015 (S.I. 2015/891), regs. 1(1), 10(g)
F13: Reg. 14(7)(d) inserted (1.6.2015) by The Misuse of Drugs (Amendment) (No. 2) (England, Wales and Scotland) Regulations 2015 (S.I. 2015/891), regs. 1(1), 10(h)
F14: Reg. 14(8) inserted (1.1.2008) by The Misuse of Drugs and Misuse of Drugs (Safe Custody) (Amendment) Regulations 2007 (S.I. 2007/2154), regs. 2(3)(c), 4(8)(c)