58Transferring responsibility for community pharmacies—

58 Transferring responsibility for community pharmacies— stocktake etc of controlled medicines (1) A pharmacist (the responsible pharmacist) who is responsible for the management of a community pharmacy commits an offence if— (a) the pharmacist proposes to stop being responsible for the pharmacy for a continuous period of longer than 14 days; and (b) before the pharmacist stops being responsible for the pharmacy, the pharmacist fails to— (i) take a written inventory of each quantity of each form and strength of a controlled medicine held in the pharmacy; and (ii) enter each of the quantities in the controlled medicines register for the pharmacy; and (iii) sign and date each entry in the register. Note Community pharmacy and signs—see the dictionary. (2) A pharmacist commits an offence if— (a) the pharmacist intends to take responsibility for a community pharmacy for a continuous period of more than 14 days; and (b) before taking responsibility for the pharmacy, the pharmacist fails to— (i) check the entries made in the controlled medicines register for the pharmacy under subsection (1) (b) (ii); and (ii) for each of the entries in the register, indicate in writing whether the pharmacist agrees that the entry is a correct record of the quantity of the form and strength of the controlled medicine held in the pharmacy; and

(iii) sign and date each of the entries in the register. (3) The responsible pharmacist for a community pharmacy commits an offence if— (a) the pharmacist takes an inventory of controlled medicines held in the pharmacy; and (b) the quantity of a form and strength of a controlled medicine held at the pharmacy is not the quantity shown for the form and strength of the medicine in the controlled medicines register for the pharmacy; and (c) the pharmacist fails to take reasonable steps to resolve the discrepancy between— (i) the quantity of the form and strength of the controlled medicine held at the pharmacy; and (ii) the quantity shown in the register. (4) The responsible pharmacist for a community pharmacy commits an offence if— (a) the pharmacist takes an inventory of controlled medicines held in the pharmacy; and (b) the quantity of a form and strength of a controlled medicine held at the pharmacy is not the quantity shown for the form and strength of the medicine in the controlled medicines register for the pharmacy; and

(c) the pharmacist does not tell the chief health officer about the discrepancy— (i) orally immediately after checking the entries in the controlled medicines register; and (ii) in writing not later than 24 hours after finishing the check. controlled medicines register, for a community pharmacy, means a register for controlled medicines that a pharmacist must keep for the pharmacy under section 48 (Meaning of must keep register— div 4.2.2).

Part 4.3 Regulated substances—other offences