Thank you for your email. The primary legislation regarding the use of electronic prescriptions was changed in April 2010 to include both NHS and Private prescriptions. I enclose a summary of the relevant legislative changes.The main point of clarification is that ETP2 only applies to the NHS whereas the legislative changes apply to all prescriptions both NHS and private
In preparation for the roll-out of Release 2 of the Electronic Prescription Service, changes were made to the relevant legislation,
the Medicines for Human Use (Prescription Only) Order 1997 (the ‘POM Order’),
the NHS (General Medical Service Contracts) Regulations 2004 and
the NHS (Pharmaceutical Services) Regulations 2005,
to enable the prescribing and dispensing of electronic prescriptions and to put in place controls to support the managed roll out of the service.
An electronic message becomes a legal electronic prescription where the prescription has been created in electronic form, is signed with an electronic signature and is then transferred to the dispensing site as an electronic communication. This applies, with exceptions, to both NHS and private prescriptions. It is not yet possible to issue an electronic prescription for a drug specified in Schedule 1, 2 or 3 of the Misuse of Drugs Regulations 2005 and prescribers remain free to continue to issue paper prescriptions.