Misuse of Drugs Regulations 1977

20 Supply and administration of controlled drugs without prescription

(1)

Notwithstanding anything in section 8(2)(b) of the Act or regulation 4(5), a controlled drug may be supplied, otherwise than pursuant to a prescription, to or for—

(a)

a person licensed or otherwise authorised to export, use in manufacture, or supply that drug:

(b)

a person to whom the drug is supplied in an emergency in accordance with regulation 34:

(c)

a person authorised to possess that drug by paragraph (g) or paragraph (i) of section 8(2) of the Act:

(d)

a person licensed to possess the drug or authorised to possess the drug by any of regulations 15, 17, and 18:

(e)

a person authorised to possess the drug by regulation 19 if the person supplying the drug has been authorised in writing by the Medical Officer of Health to supply the drug, on the particular occasion, to the person procuring it.

(2)

Without prejudice to any provision of section 8 of the Act—

(a)

any person may supply, otherwise than pursuant to a prescription, or administer, any partially exempted drug, subject to subclause (3):

(b)

any person may administer, subject to and in accordance with regulation 36(2), a controlled drug to a maternity patient.

(3)

For the purposes of subclause (2)(a), the following restrictions apply to the supply of any preparation of pseudoephedrine described in paragraph (b) of the definition of partially exempted drug:

(a)

the preparation may be sold by retail, or supplied in circumstances corresponding to retail sale, only in the circumstances set out in paragraphs (a) and (b) of the definition of pharmacy-only medicine in section 3 of the Medicines Act 1981; and

(b)

the package in which the preparation is sold or supplied must not contain more than 1.8 g of pseudoephedrine.

Regulation 20(2)(a): amended, on 15 October 2004, by regulation 5(1) of the Misuse of Drugs (Ephedrine and Pseudoephedrine) Amendment Regulations 2004 (SR 2004/315).

Regulation 20(3): inserted, on 15 October 2004, by regulation 5(2) of the Misuse of Drugs (Ephedrine and Pseudoephedrine) Amendment Regulations 2004 (SR 2004/315).