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The Pharmaceutical Journal Vol 265 No 7115 p441
September 23, 2000 The Society

Law and Ethics Bulletin

An occasional feature, prepared in the Royal Pharmaceutical Society's Professional Standards Directorate, to highlight problems and inquiries currently being handled

Dispensing Controlled Drugs for the treatment of addiction

Under the Misuse of Drugs Regulations 1985, as amended, there are specific regulations dictating who may supply and possess a drug specified in Schedule 2. Any person may have in his possession a Schedule 2 drug that has been supplied by or on the prescription of a practitioner for the treatment of that person. Therefore, whereas a pharmacist may supply methadone to the patient for whom it is prescribed, any person whom the patient then supplies may be in unlawful possession.
A pharmacist may suspect that a patient intends to supply methadone to someone else who would not lawfully be able to have it in his or her possession. If so, the pharmacist must use his or her professional judgment to evaluate the appropriateness of making a supply and consider the consequences of making or not making a supply. The pharmacist must be able to justify his or her decision.
Confidential information acquired in the course of a pharmacist’s professional duties may be disclosed without the patient’s consent only in very limited circumstances. One such circumstance is where disclosure is necessary to prevent serious injury or damage to the health of the patient or a third party or serious risk to public health. This could include the passing on of a supply of methadone to a person other than the patient.
If it is apparent to the pharmacist that unlawful dealing is taking place, then the matter should be raised with the prescribing doctor. If the situation appears to continue, it may be necessary to raise the matter with the local drug squad officer, who may provide useful support.
Particular vigilance must be exercised when a third party collects a Schedule 2 medicine for a patient being treated for addiction. Only in exceptional circumstances may the pharmacist supply a prescribed Controlled Drug to a third party. A letter of authority from the patient should be obtained on every occasion a representative collects the prescription on the patient’s behalf and such letters should be kept in the CD register. If the patient continually sends in a representative to collect the prescription, it may be necessary for the pharmacist to notify the clinic or prescriber.

Telephoned requests from deputising doctor services for emergency supplies

Legislation made under the Medicines Act 1968 allows a pharmacist to make an emergency supply of a prescription-only medicine at the request of a medical practitioner in certain defined circumstances. The pharmacist has to be satisfied that the sale or supply has been requested by a doctor who, by reason of some emergency, is unable to furnish a prescription immediately.
Pharmacists are reminded of the importance of checking the identity of the doctor before making any supply of a prescription only medicine, particularly when a doctor from the deputising doctor services make requests and the doctor is unknown to the pharmacist. The General Medical Council has an out-of-hours, automated service (tel 020 7915 3630) through which one may check a doctor’s registration if one has the doctor’s GMC registration number.