Commentary on Sections Part 3Chapter 2 .Medicines and Pharmacies
125.Chapter 2 of Part 3 of the Act provides for the amendment of provisions of the Medicines Act 1968 (the “Medicines Act”), and also a provision of the Health Act 1999, relating to pharmacies, pharmacists and the sale and supply of medicines.
126.Part 4 of the Medicines Act (sections 69 to 84) contains provisions relating to the registration of retail pharmacies, the lawful conduct of retail pharmacy businesses and prohibitions on the use of certain titles, emblems etc. relating to pharmacy. Under the existing provisions, a person, whether a corporate body or an individual, is only lawfully conducting a retail pharmacy business if at each pharmacy premises from which they conduct their business, the retail supply of medicines, or the supply of medicines in circumstances corresponding to retail sale (e.g. the dispensing of medicines in accordance with NHS prescriptions) is under the “personal control” of a pharmacist. The provisions of this Chapter of the Act change these arrangements, by removing the requirement for personal control and substituting new requirements under which there must be a “responsible pharmacist”, responsible for the safe and effective running of the pharmacy business.
127.Other provisions of the Medicines Act require that certain activities relating to medicines may be conducted only by or under the supervision of a pharmacist. The provisions of the Act amend the Medicines Act in order to enable Ministers to prescribe conditions which must be complied with if that activity is to be considered as done under the supervision of a pharmacist. The intention is to clarify the pharmacist’s obligations to supervise.
128.In addition to the provisions of the Act, the Government propose to make orders under the existing powers of the Medicines Act, so as to enable registered and suitably trained staff working in a pharmacy to supervise the preparation, dispensing, sale and supply of medicines, without direct supervision by a pharmacist. The intention is that the pharmacist can use his clinical skills and training to offer a wider range of services, including away from the pharmacy (for example, in health centres and clinics).
129.These provisions extend to the entire United Kingdom.