The Misuse of Drugs Regulations 2001

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There are currently no known outstanding effects for the The Misuse of Drugs Regulations 2001, Section 15.

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Form of prescriptionsU.K.

15.—(1) Subject to the provisions of this regulation, a person shall not issue a prescription containing a controlled drug other than a drug specified in Schedule 4 or 5 F1... unless the prescription complies with the following requirements, that is to say, it shall—

[F2(a)be written so as to be indelible, be dated and be signed by the person issuing it with his usual signature [F3or be prescribed on an electronic prescription form];]

[F4(aa)except in the case of a health prescription [F5or a veterinary prescription], be written on a prescription form provided by [F6[F7NHS England] or an] equivalent body for the purposes of private prescribing [F8unless prescribed on an electronic prescription form];]

[F9(ab)except in the case of a health prescription or a veterinary prescription, specify the prescriber identification number of the person issuing it;]

F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)except in the case of a health prescription, specify the F11... address of the person issuing it;

(d)if issued by a dentist, have the words “for dental treatment only” written on it and, if issued by a veterinary surgeon or a veterinary practitioner, have a declaration written on it that the controlled drug is prescribed for an animal or herd under his care [F12and specify the Royal College of Veterinary Surgeons registration number of the veterinary surgeon or veterinary practitioner issuing it];

(e)specify the name and address of the person for whose treatment it is issued or, if it is issued by a veterinary surgeon or veterinary practitioner, of the person to whom the controlled drug prescribed is to be delivered;

(f)specify the dose to be taken and—

(i)in the case of a prescription containing a controlled drug which is a preparation, the form and, where appropriate, the strength of the preparation, and either the total quantity (in both words and figures) of the preparation or the number (in both words and figures) of dosage units, as appropriate, to be supplied;

(ii)in any other case, the total quantity (in both words and figures ) of the controlled drug to be supplied;

(g)in the case of a prescription for a total quantity intended to be supplied by instalments, contain a direction specifying the amount of the instalments of the total amount which may be supplied and the intervals to be observed when supplying.

[F13(1A) F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B) Nothing in this regulation prevents the issue of a prescription, other than a health prescription, which is not written on a prescription form provided by [F15[F7NHS England] or an] equivalent body for the purposes of private prescribing, containing a controlled drug other than a drug specified in Schedule 4 or 5, where the person issuing the prescription believes on reasonable grounds that the drug will be supplied by a pharmacist in a hospital.]

F16(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In the case of a prescription issued for the treatment of a patient in a [F17hospital, care home or prison], it shall be a sufficient compliance with paragraph (1)(e) if the prescription is written on the patient’s bed card or case sheet.

[F18(4) In this regulation, “electronic prescription form” has the same meaning as in the National Health Service (Pharmaceutical and Local Pharmaceutical) Regulations 2013.]

[F19(5) For the purposes of paragraph (1)(g), if the intervals to be observed when supplying are changed by a pharmacist in the following circumstances, the changed intervals are treated as the intervals specified by the prescriber—

(a)as a consequence of a disease being, or in anticipation of a disease being imminently—

(i)pandemic, and

(ii)a serious risk or potentially a serious risk to human health,

in order to assist in the management of the serious risk or potentially serious risk to human health, the Secretary of State has made an announcement in respect of the supply of drugs specified in Schedule 2 or 3 as part of the health service;

(b)as part of the announcement, the Secretary of State has issued advice to the effect that—

(i)in the area to which the announcement relates,

(ii)in the particular circumstances specified in the announcement, and

(iii)during the period specified in the announcement,

arrangements for the provision of services as part of the health service (“NHS arrangements”) with a person lawfully conducting a retail pharmacy business may include provisions permitting pharmacists to change the intervals in prescriptions for drugs specified in Schedule 2 or 3 supplied under NHS arrangements;

(c)the pharmacist who changes the intervals—

(i)is the person who is, for the purposes of regulation 16(1), the person who supplies the drug on the prescription;

(ii)does so as part of and in accordance with NHS arrangements to which the announcement relates; and

(iii)does so with the agreement of the prescriber or, if the prescriber is unavailable, a person who is part of the same team responsible for treating the patient for whom the drug is prescribed as the prescriber, and who has been designated by the prescriber as a person who is able to agree this type of change if the prescriber is unavailable; and

(d)the period specified in the announcement (taking into account any extension) has not ended and the announcement has not been withdrawn or amended in a way that means that the relevant provisions in the NHS arrangements are no longer permitted by the announcement.

(6) The period specified in the announcement, as mentioned in paragraph (5)(b)(iii), must initially not be for more than three months, but it may be extended for further periods of not more than three months at a time.

(7) Before making, amending (including by way of extension) or withdrawing an announcement under paragraph (5) which relates to—

(a)all or any area of Scotland, the Secretary of State must consult the Scottish Ministers;

(b)all or any area of Wales, the Secretary of State must consult the Welsh Ministers.]

Textual Amendments

F1Words in reg. 15(1) omitted (1.6.2015) by virtue of The Misuse of Drugs (Amendment) (No. 2) (England, Wales and Scotland) Regulations 2015 (S.I. 2015/891), regs. 1(1), 11(a)

F2Reg. 15(1)(a) substituted (14.11.2005) by The Misuse of Drugs and the Misuse of Drugs (Supply to Addicts) (Amendment) Regulations 2005 (S.I. 2005/2864), regs. 1(1), 9(1)

F3Words in reg. 15(1)(a) 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), 11(b)

F4Reg. 15(1)(aa) inserted (7.7.2006 for E.S., 1.1.2007 in so far as not already in force) by The Misuse of Drugs (Amendment No. 2) Regulations 2006 (S.I. 2006/1450), regs. 2(1)(3), 5(1)(a) (with regs. 12, 13)

F5Words in reg. 15(1)(aa) inserted (1.9.2006 for E.S., 1.1.2007 in so far as not already in force) by The Misuse of Drugs (Amendment No. 3) Regulations 2006 (S.I. 2006/2178), regs. 1(1)(2), 4(1)(a)

F6Words in reg. 15(1)(aa) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 50(3)(a) (with Sch. 3 para. 5)

F7Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F8Words in reg. 15(1)(aa) 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), 11(c)