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The Pharmaceutical Journal
Vol 272 No 7292 p395
27 March 2004


Society summary

 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

Law and Ethics Bulletin, 2001 to present
See also Good Practice Points, 2003 to present


Destruction of out-of-date Controlled Drugs

It has come to the attention of the Royal Pharmaceutical Society’s Fitness to Practise and Legal Affairs Directorate that a number of instances have been reported where pharmacists have unlawfully destroyed out-of-date stock of Controlled Drugs.Set out below is the procedure for the destruction of CDs.

Stock CDs Any person required by the Misuse of Drugs Regulations 2001 to keep records of Schedule 1 or 2 Controlled Drugs may only destroy them in the presence of an authorised witness. The Society’s inspectors, police chemist inspection officers and Home Office inspectors are authorised witnesses. Some members of the management of larger bodies’ corporate and pharmaceutical advisers have also been authorised by the Home Office. Particulars of the date of destruction and the quantity destroyed must be entered in the CD register and signed by the authorised person in whose presence the drug is destroyed.

Out-of-date stock of Controlled Drugs must only be destroyed in the presence of an authorised witness and should be destroyed whenever the police chemist inspection officer visits. Where there is no regular visit by the chemist inspection officer, the pharmacist can telephone the local police station and ask for an officer to witness the destruction.

A pharmacist may be asked by a doctor to accept out-of-date stock of Controlled Drugs for the purpose of destruction. Controlled Drugs returned by a doctor to a pharmacy must be entered in the register. As these Controlled Drugs are stock, their destruction must be in the presence of an authorised witness.

CDs returned by patients A pharmacist or a practitioner may destroy Controlled Drugs returned to him by a patient or a patient's representative without the presence of an authorised person. Such Controlled Drugs should not be returned to stock, but must be kept under safe custody while awaiting destruction. As the quantity of Controlled Drugs being returned can often pose a storage problem, as well as an increased security risk, pharmacists are encouraged to destroy patient returned Controlled Drugs as soon as possible. Although there is no legal requirement to do so, pharmacists should document the destruction of patient-returned medication and have a member of staff to witness it. The record of destruction should be made somewhere other than the CD register, for example, at the back of the prescription register.

All Controlled Drugs must be rendered irretrievable before disposal. Details of how to do this can be found in ‘Medicines, ethics and practice: a guide for pharmacists’, 27th edition (July 2003), p27.

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