S.I. No. 199/1962 - Medical Preparations (Control of Sale) (Temporary) Regulations, 1962

S.I. No. 199 of 1962.

MEDICAL PREPARATIONS (CONTROL OF SALE) (TEMPORARY) REGULATIONS, 1962

The Minister for Health, in exercise of the powers conferred on him by Sections 5 and 65 of the Health Act, 1947 (No. 28 of 1947), hereby makes the following regulations :—

1. These Regulations may be cited as the Medical Preparations (Control of Sale) (Temporary) Regulations, 1962.

2.—(1) In these Regulations—

" The Minister " means the Minister for Health;

" controlled preparation " means

(a) the substance known as phenmetrazine,

(b) the substance known as meclozine

and includes any preparation containing either of those substances;

" medical prescription " means a written prescription for a controlled preparation which is—

(a) signed and dated by a registered medical practitioner whose address is on the prescription, and

(b) issued by that medical practitioner to a person, whose name and address is recorded thereon, prescribing the supply to such person of either

(i) a specified quantity of a controlled preparation on one occasion, or

(ii) a specified quantity of a controlled preparation on a specified number of occasions at specified intervals;

" sale " includes the offering or keeping for sale.

(2) Where neither the number of occasions on which nor the intervals at which the controlled preparation may be supplied are mentioned in a medical prescription, the prescription shall be deemed to be a prescription for the supply of a specified quantity of the controlled preparation on one occasion.

(3) Where the number of occasions on which the controlled preparation may be supplied is specified in a medical prescription but the intervals at which it may be supplied are not so specified, such intervals (not being less than three days) as the person dispensing the prescription thinks proper shall be deemed to be specified in the prescription.

(4) Where the intervals at which the controlled preparation may be supplied are specified in a medical prescription but the number of occasions on which it may be supplied is not so specified, three occasions shall be deemed to be specified in the prescription.

3. These Regulations shall cease to have effect six months after they are made.

4. Articles 5 and 6 of these Regulations shall not apply to the sale of a controlled preparation to—

(a) a pharmaceutical chemist or a dispensing chemist and druggist;

(b) a hospital or similar institution on a written order signed by a registered medical practitioner, pharmaceutical chemist or dispensing chemist and druggist employed in the institution;

(c) a health authority;

(d) the Medical Research Council of Ireland;

(e) a registered medical practitioner;

(f) a person engaged in the business of wholesale dealing in medical preparations;

(g) any person authorised in that behalf by the Minister.

5. No person other than a pharmaceutical chemist or a dispensing chemist and druggist shall sell a controlled preparation.

6.—(1) A pharmaceutical chemist or a dispensing chemist and druggist shall not sell a controlled preparation by retail except in the dispensing, in accordance with its terms, of a medical prescription.

(2) A pharmaceutical chemist or dispensing chemist and druggist who has completed the dispensing of a medical prescription shall forthwith write prominently on the prescription the word " dispensed " and the date on which it was dispensed, shall retain the prescription in his possession for at least two years and shall then destroy it.

(3) A pharmaceutical chemist or dispensing chemist and druggist who has dispensed in part a medical prescription shall forthwith record on the prescription the amount of each quantity of the controlled preparation supplied by him on foot of the prescription and the date on which he supplied each such quantity.

(4) A pharmaceutical chemist or dispensing chemist and druggist shall make available any medical prescriptions in his possession for inspection by authorised officers of the Minister and by inspectors of the Pharmaceutical Society of Ireland.

7. Nothing in these Regulations shall affect the supply of a controlled preparation by a registered medical practitioner to a person under his care.

GIVEN under the Official Seal of the Minister for Health, this 27th day of November, One Thousand Nine Hundred and Sixty-two.

SEÁN MAC ENTEE,

Minister for Health.

EXPLANATORY NOTE

These regulations provide that phenmetrazine or meclozine, or any preparation containing either, may not be sold by retail except by a pharmaceutical chemist or dispensing chemist and druggist and that these preparations may not be sold retail except on medical prescription. The regulations will cease to have effect after six months.