
1 
These Regulations may be cited as the Human Medicines (Amendment) (No. 2) Regulations 2015 and shall come into force on 1st July 2015.
2 
The Human Medicines Regulations 2012 are amended in accordance with regulations 3 to 8.
3 
In regulation 218 (requirements for prescriptions: EEA health professionals), in paragraph (8), for the words “219 (electronic prescriptions)” substitute “219A (electronic prescriptions: EEA health professionals)”.
4 

(1) Regulation 219 (electronic prescriptions) is amended as follows.
(2) In paragraph (1), for the words “product subject to special medical prescription” substitute “substance or product for the time being specified in Schedule 1 to the Misuse of Drugs Regulations 2001 or in Schedule 1 to the Misuse of Drugs Regulations (Northern Ireland) 2002”.
(3) Omit paragraph (3).
(4) In paragraph (4)—
(a) for the words “paragraphs (2)(b) and (3)(b)” substitute “paragraph (2)(b)”;
(b) for sub-paragraphs (b) and (c) substitute—“
(b) signed with an advanced electronic signature; and
(c) sent to the person by whom it is dispensed—
(i) as an electronic communication (whether or not through one or more intermediaries), and
(ii) via the electronic prescription service, if it is for a substance or product for the time being specified in Schedule 2 or 3 to the Misuse of Drugs Regulations 2001 or in Schedule 2 or 3 to the Misuse of Drugs Regulations (Northern Ireland) 2002.”.
(5) For paragraph (5) substitute—“
(5) In this regulation—
 “advanced electronic signature” means an electronic signature that is—
(a) uniquely linked to the person giving the prescription;
(b) capable of identifying that person;
(c) created using means which that person can maintain under that person’s sole control; and
(d) linked to the data to which it relates in such a manner that any subsequent change of data is detectable;
 “electronic prescription service” means the service of that name which is managed by the Health and Social Care Information Centre established under section 252 of the Health and Social Care Act 2012 (the Health and Social Care Information Centre).”.
5 
After regulation 219 (electronic prescriptions) insert—“
219A. 

(1) This regulation applies to a prescription that is not a health prescription for a product subject to special medical prescription.
(2) A prescription only medicine is also sold or supplied in accordance with a prescription given by an EEA health professional if—
(a) conditions B and C in regulation 218 are not met; but
(b) the conditions in paragraph (3) of this regulation and conditions A and D to F in regulation 218 are met.
(3) The conditions mentioned in paragraph (2)(b) are that the prescription is—
(a) created in electronic form;
(b) signed with an electronic signature; and
(c) sent to the person by whom it is dispensed as an electronic communication (whether or not through one or more intermediaries).”.
6 
In regulation 246 (exemption where requirements for prescriptions not met), in sub-paragraph (a), for the words “or 219” substitute “, 219 or 219A”.
7 
In regulation 269 (offences relating to packaging and package leaflets: other persons), in paragraph (1), after the words “in the course of a business” insert “carried on by that person,”.
8 
In regulation 346 (Secretary of State to carry out a review of certain provisions), in paragraph (2), for paragraph (xxviiie) substitute—“
(xxviiie) 219 and 219A,”.
Signed by the authority of the Secretary of State
Earl Howe
Parliamentary Under Secretary of State
Department of Health
Date 24th March 2015
Jim Wells
Minister for Health, Social Services and Public Safety
Date 24th March 2015