(1)    This Order may be cited as the Medicines for Human Use (Prescribing) (Miscellaneous Amendments) Order 2008 and shall come into force on 4th June 2008.

(2)    In this Order—

“the POM Order” means the Prescription Only Medicines (Human Use) Order 1997; and

“the Pharmacy and General Sale Order” means the Medicines (Pharmacy and General Sale—Exemption) Order 1980.

In article 1 of the POM Order (citation, commencement and interpretation), in paragraph (2) after the definition of “operator” insert the following definition—

““optometrist independent prescriber” means a person—

(a)    who is a registered optometrist, and

(b)    against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as an optometrist independent prescriber;”.

In article 2 of the POM Order (appropriate practitioners), after paragraph (b) insert the following paragraph—

“(c)    in relation to the descriptions and classes of medicinal products specified in article 3, other than medicinal products that are controlled drugs or for parenteral administration or both, optometrist independent prescribers.”.

In article 8 of the POM Order (exemptions for emergency sale or supply)—

(a)    in paragraph (2)—

(i)    in sub-paragraph (a), after “a nurse independent prescriber ” insert “, an optometrist independent prescriber”,

(ii)    in sub-paragraph (b), after “nurse independent prescriber” insert “, optometrist independent prescriber”, and

(iii)    in sub-paragraph (c), after “nurse independent prescriber” insert “, optometrist independent prescriber”; and

(b)    in paragraph (4), in sub-paragraph (a), in head (ii), after “nurse independent prescriber” insert “, optometrist independent prescriber”.

In article 15 of the POM Order (prescriptions), in paragraph (2), in sub-paragraph (c)—

(a)    in head (iii), after “a nurse independent prescriber” insert “, an optometrist independent prescriber”; and

(b)    in head (iv), after “a nurse independent prescriber” insert “, an optometrist independent prescriber”.

In article 1 of the Pharmacy and General Sale Order (citation, commencement and interpretation), in paragraph (2), in sub-paragraph (a) after the definition of “operator” insert the following definition—

““optometrist independent prescriber” means a person—

(a)    who is a registered optometrist, and

(b)    against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as an optometrist independent prescriber;”.

In article 4AA of the Pharmacy and General Sale Order (exemption for sale, offer for sale or supply in hospitals and health centres), after “a pharmacist independent prescriber” insert “, an optometrist independent prescriber”.

In Schedule 3 to the Pharmacy and General Sale Order, in Part III (classes of individual by whom supplies may be made), for “registered ophthalmic opticians” substitute “registered optometrists”.

Signed by authority of the Secretary of State for Health

Dawn Primarolo

Minister of State,

Department of Health

22nd April 2008

Michael McGimpsey

Minister for Health, Social Services and Public Safety

16th April 2008

This Order makes further amendments to—

(a)    the Prescription Only Medicines (Human Use) Order 1997 (“the POM Order”) which specifies the descriptions and classes of medicines (“prescription only medicines”) which may be sold or supplied only in accordance with the prescription of an “appropriate practitioner” and may be administered only by or in accordance with the directions of such a practitioner; and

(b)    the Medicines (Pharmacy and General Sale—Exemption) Order 1980 (“the Pharmacy and General Sale Order”) which provides for exemptions from sections 52 and 53 of the Medicines Act 1968 (restrictions on the sale or supply of medicinal products).

Articles 2 to 5 amend the POM Order to make provision for optometrists who meet certain conditions (“optometrist independent prescribers”) to prescribe, administer and give directions for administration of certain prescription only medicines.

Articles 6 to 8 amend the Pharmacy and General Sale Order. In particular, article 7 amends article 4AA of that Order to provide an exemption from the restrictions on sale, offer for sale or supply in hospitals and health centres where such sale, offer for sale or supply is in accordance with the written directions of an optometrist independent prescriber.

An impact assessment has not been produced for this instrument as there is no significant impact on the private or voluntary sectors.