Paragraph 2 Provision of pharmaceutical servicesI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 2 para. 1 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 2 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 3 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 4 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 5 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 6 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 7 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 8 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 9 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 10 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 11 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 12 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 13 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 14 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 15 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 16 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 17 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 5A 5B inserted by Pharmaceutical Services (Amendments Relating to Serious Shortage Protocols) 2019 reg. 4(2)
Sch. 2 para. 15A inserted by Pharmaceutical Services (Amendments Relating to Serious Shortage Protocols) 2019 reg. 4(3)
Sch. 2 para. 2(1)(a) words inserted by Pharmaceutical Services and General Medical Services 2002 reg. 6(a)(i)
Sch. 2 para. 2(1)(bb) inserted by Pharmaceutical Services and General Medical Services 2002 reg. 6(a)(ii)
Sch. 2 para. 2(1)(d) words inserted by Pharmaceutical Services and General Medical Services 2002 reg. 6(a)(iii)
Sch. 2 para. 2(1)(e) inserted by Pharmaceutical Services and General Medical Services 2002 reg. 6(a)(iv)
Sch. 2 para. 13(b) word omitted by Pharmaceutical Services and General Medical Services 2002 reg. 6(b)(i)
Sch. 2 para. 13(c) words inserted by Pharmaceutical Services and General Medical Services 2002 reg. 6(b)(ii)
Sch. 2 para. 13(d) inserted by Pharmaceutical Services and General Medical Services 2002 reg. 6(b)(iii)
Sch. 2 para. 14(2) words inserted by Pharmaceutical Services and General Medical Services 2002 reg. 6(c)
Sch. 2 para. 15(2) words inserted by Pharmaceutical Services and General Medical Services 2002 reg. 6(d)
Sch. 2 para. 2(1)(a)(b) words inserted by Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) 2003 reg. 2(4)(a)(i)
Sch. 2 para. 2(1)(d)(e) words substituted by Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) 2003 reg. 2(4)(a)(ii)
Sch. 2 para. 2(7) words substituted by Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) 2003 reg. 2(4)(a)(iii)
Sch. 2 para. 2(9)(10) words substituted by Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) 2003 reg. 2(4)(a)(iv)
Sch. 2 para. 2(12) words inserted by Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) 2003 reg. 2(4)(a)(v)
Sch. 2 para. 7(2) words substituted by Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) 2003 reg. 2(4)(b)
Sch. 2 para. 14(1)(2) words inserted by Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) 2003 reg. 2(4)(c)
Sch. 2 para. 14A words inserted by Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) 2003 reg. 2(4)(c)
Sch. 2 para.001 renumbered by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(2)(a)
Sch. 2 para.001(2) added by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(2)(b)
Sch. 2 para.002(1) substituted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(3)(a)
Sch. 2 para. 2A and cross-heading inserted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(4)
Sch. 2 para. 5(3)2 (1A) words inserted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(6)(a)
Sch. 2 para. 5(3) 2 (1A) words inserted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(6)(b)
Sch. 2 para. 7(2) substituted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(7)
Sch. 2 para. 9(2A) inserted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(8)
Sch. 2 para. 13 substituted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(9)
Sch. 2 para. 14(2) substituted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(10)
Sch. 2 para. 14A reg. 3(1) substituted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(11)(a)
Sch. 2 para. 14A reg. 7(1) substituted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(11)(b)
Sch. 2 para. 16 substituted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(12)
Sch. 2 para. 17 substituted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(13)
Sch. 2 para. 18 omitted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(14)
Sch. 2 para. 4A and cross heading inserted by Pharmaceutical Services 2009 reg. 6
Sch. 2 para. 16(2) substituted by Pharmaceutical Services 2009 reg. 7
Sch. 2 para. 2(2B) omitted by Pharmaceutical Services 2010 reg. 2(4)
Sch. 2 para. 14A omitted by Pharmaceutical Services 2010 reg. 2(4)
Sch. 2 para. 1(1)(c) substituted by Health and Social Care (Disciplinary Procedures) 2016 reg. 14(2)(c)
Sch. 2 words substituted by Pharmaceutical Services 2022 reg. 17(2)
Sch. 2 para. 1(1)(c)(ii) words substituted by Pharmaceutical Services 2022 reg. 17(3)

(1)

Where any person presents on a prescription form—

(a)

an order for drugs, not being Scheduled drugs, or appliances, signed by a doctor; or

(b)

an order for drug specified in Schedule 11 to the Medical Regulations, signed by, and endorsed on its face with the reference "S. 11 ", by a doctor in accordance with paragraph 49(2) of Schedule 2 to those Regulations;

(c)

an order for listed drugs or medicines, signed by a dentist or his deputy or assistant; or

(d)

an order for listed drugs or medicines, or listed appliances, signed by a nurse prescriber,

a chemist shall, with reasonable promptness, supply the drugs or medicines so ordered, and such of the appliances so ordered as he supplies in the normal course of his business.

(2)

If the person presenting the prescription form asks the chemist to do so—

(a)

he shall give an estimate of the time when the drugs, medicines or appliances will be ready; and

(b)

if they are not ready by then, he shall give a revised estimate of the time when they will be ready and so on.

(3)

A chemist shall not accept for dispensing any prescription form received at premises other than a pharmacy.

(4)

A chemist shall not supply any drugs or appliances ordered on a prescription form other than at a pharmacy.

(5)

Any drug which is provided as part of pharmaceutical services and included in the Drug Tariff, the British National Formulary (including any Appendix published as part of that Formulary), the Dental Practitioner's Formulary, the European Pharmacopoeia or the British Pharmaceutical Codex, shall comply with the standard or formula specified therein.

(6)

Subject to sub-paragraphs (7) to (19) a chemist shall provide pharmaceutical services only in response to and in accordance with an order on a prescription form, signed as specified in sub-paragraph (1).

(7)

Where an order, not being an order to which the Poisons Regulations (Northern Ireland) 1983^f1 or the Misuse of Drugs Regulations (Northern Ireland) 1986^f2 apply, which is issued by a doctor, a dentist or a nurse prescriber on a prescription form for drugs does not prescribe their quantity, strength or dosage, a chemist may supply the drugs in such strength and dosage as in the exercise of his professional skill, knowledge and care he considers to be appropriate and, subject to sub-paragraph (8), in such quantity as he considers to be appropriate for a course of treatment, for the patient to whom the order relates, for a period not exceeding 5 days.

(8)

Where an order to which sub-paragraph (7) applies is for—

(a)

an oral contraceptive substance;

(b)

a drug, which is available for supply as part of pharmaceutical services only together with one or more drugs; or

(c)

an antibiotic in a liquid form for oral administration in respect of which pharmaceutical considerations require its provision in an unopened package,

which is not available for supply as part of pharmaceutical services except in such packages that the minimum available package contains a quantity appropriate to a course of treatment for a patient for a period of more than 5 days, the chemist may supply that minimum available package.

(9)

Where any drug, not being one to which the Misuse of Drugs Regulations (Northern Ireland) 1986 apply, ordered by a doctor, dentist or nurse prescriber on a prescription form, is available for supply by a chemist in a pack in a quantity which is different to the quantity which has been so ordered, and that drug is—

(a)

sterile;

(b)

effervescent or hygroscopic;

(c)

a liquid preparation for addition to bath water;

(d)

a coal tar preparation;

(e)

a viscous preparation; or

(f)

packed at the time of its manufacture in a calendar pack or special container,

the chemist shall, subject to sub-paragraph (8), supply the drug in the pack whose quantity is nearest to the quantity which has been so ordered.

(10)

A chemist shall not supply, pursuant to sub-paragraph (9), a drug in a calendar pack where, in his opinion, it was the intention of the doctor, dentist or nurse prescriber who ordered the drug that it should be provided only in the exact quantity ordered.

(11)

In this paragraph—

(a)

“calendar pack” means a blister or strip pack showing the days of the week or month against each of the several units in the pack; and

(b)

“special container” means any container with an integral means of application or from which it is not practicable to dispense an exact quantity.

(12)

Where, in a case of urgency, a doctor or nurse prescriber personally known to a chemist requests him to supply a drug, the chemist may supply that drug before receiving a prescription form, provided that—

(a)

that drug is not a Scheduled drug;

(b)

that drug is not a controlled drug within the meaning of the Misuse of Drugs Act 1971^f3, other than a drug which is specified in Schedule 1 to the Misuse of Drugs Regulations (Northern Ireland) 1986; and

(c)

the doctor or nurse prescriber undertakes to give the chemist such a prescription form within 72 hours.

(13)

Except as provided in sub-paragraph (14), a chemist shall not supply a Scheduled drug, by way of pharmaceutical services or otherwise, in response to an order by name, formula or other description on a prescription form.

(14)

Where a drug has an appropriate non-proprietary name and it is ordered on a prescription form either by that name or by its formula, a chemist may supply a drug which has the same specification notwithstanding that it is a Scheduled drug, provided that where a Scheduled drug is a pack which consists of a drug in more than one strength, such supply does not involve the supply of part only of the pack.

(15)

Where a drug which is ordered as specified in sub-paragraph (14) combines more than one drug, that sub-paragraph shall apply only if the combination has an appropriate non-proprietary name, whether the individual drugs which it combines do so or not.

(16)

A chemist shall supply any drug which he is required to supply under this paragraph in a suitable container.

(17)

Subject to sub-paragraph (18), a chemist may, at the request of a doctor licensed under the provision of the Misuse of Drugs (Notification of and Supply to Addicts) Regulations (Northern Ireland) 1973^f4, arrange to supply, in accordance with a special prescription form provided for the purpose by the Agency and signed by the licensed doctor, such drugs or appliances as may be so ordered. If the prescription form includes directions that part of the total supply of drugs ordered thereon shall be supplied on a stated day or days the chemist shall comply with such directions.

(18)

A chemist shall not be in breach of his terms of service if—

(a)

he refuses to enter into an arrangement to supply drugs or appliances under sub-paragraph (17); or

(b)

having entered into such an arrangement he gives the licensed doctor seven days notice in writing of his intention to terminate it.

(19)

A chemist shall not give, promise or offer to any person any gift or reward (whether by way of a share of or dividend on the profits of the business or by way of discount or rebate or otherwise) as an inducement to or in consideration of his presenting an order for drugs or appliances on a prescription form.

Annotations

Commencement

I1: Sch. 2 para. 2 in operation at 6.10.1997, see reg. 1

Footnotes

f1: S.R. 1983 No. 201; relevant amending Regulations are S.R. 1985 No. 345, S.R. 1987 No. 240 and S.R. 1994 No. 217
f2: S.R. 1986 No. 52; relevant amending Regulations are S.R. 1987 No. 68, S.R. 1988 No. 206, S.R. 1989 No. 346, S.R. 1991 No. 1, S.R. 1995 No. 305, S.R. 1995 No. 480 and S.R. 1996 No. 353
f3: 1971 c. 38
f4: S.R. & O. (N.I.) 1973 No. 1 80 as amended by S.R. 1984 No. 17