Your Rights When Medicine Is Unavailable in the UK

Your Rights at the Pharmacy

When you present a valid NHS prescription, the pharmacist has a contractual obligation to dispense it. However, this obligation is subject to the medicine being available. Here's what pharmacists must do:

• Make reasonable efforts to source your medicine — this means checking their wholesalers, contacting alternative suppliers, and checking nearby branches
• Inform you clearly about the shortage — including whether it's temporary or long-term, and what alternatives exist
• Offer to contact your GP if a prescription change is needed
• Not charge you extra for sourcing difficulties — the standard prescription charge applies regardless of how hard the medicine was to source
• Provide an emergency supply if you have immediate clinical need (see below)

What Pharmacists Cannot Do

• They cannot simply change your prescription to a different medicine without authority (unless an SSP is active)
• They cannot charge more than the standard prescription charge for an NHS prescription
• They cannot refuse to help you find the medicine elsewhere
• They cannot ignore a prescription — they must either dispense, offer alternatives, or refer back to the prescriber

Emergency Supply Rights

Under the Human Medicines Regulations 2012, pharmacists can provide emergency supplies of prescription-only medicines without a prescription. This is a crucial safety net during shortages.

Conditions for Emergency Supply

• The pharmacist must be satisfied there is an immediate need for the medicine
• It must be impracticable to obtain a prescription without undue delay
• The medicine must have been previously prescribed for you by a UK-registered prescriber
• The pharmacist must determine the appropriate dose
• The supply is limited to the minimum necessary quantity — usually up to 30 days, or the smallest available pack

What You May Be Charged

For an emergency supply, the pharmacist may charge:

• The cost of the medicine itself
• A professional fee (typically £5-15)
• This is separate from NHS prescription charges — emergency supplies are private transactions

Controlled Drug Restrictions

Emergency supply rules are more restrictive for controlled drugs (Schedule 2, 3, and 4). Pharmacists can only provide emergency supplies of Schedule 4 and 5 controlled drugs (like benzodiazepines). Schedule 2 drugs (like methylphenidate for ADHD) cannot be emergency supplied — you need a prescription. This is particularly problematic during the ongoing ADHD medication shortage.

Serious Shortage Protocols (SSPs)

SSPs are legal instruments issued by the DHSC that give pharmacists special dispensing permissions during confirmed shortages.

How SSPs Work

When an SSP is active, pharmacists can:

• Supply a different quantity of the same medicine
• Supply a different pharmaceutical form (e.g., tablets instead of capsules)
• Supply a different strength (adjusting the dose accordingly)
• Supply a generic version instead of a branded product
• In some cases, supply a therapeutically equivalent alternative medicine

All of this happens without needing a new prescription from your GP — saving time and ensuring treatment continuity.

Your Rights Under SSPs

• You should not be charged extra — the standard prescription charge applies
• The pharmacist must inform you of the substitution and explain what they're dispensing
• You have the right to refuse the alternative and seek your original prescription elsewhere
• The pharmacist must record the substitution and notify your GP
• If you experience side effects from the alternative, report them via the MHRA Yellow Card scheme

Your Rights with Your GP

When a shortage requires a change in your medication, your GP has responsibilities:

• Clinical review: Your GP should review your treatment and prescribe an appropriate alternative
• Timely response: Medication changes during shortages should be treated as clinically urgent — you shouldn't have to wait weeks for an appointment
• Monitoring: If you're switched to a new medication, appropriate follow-up should be arranged
• Information: You should be told why the switch is necessary, what the alternative is, and what side effects to watch for
• Patient choice: Where clinically appropriate, you should be involved in decisions about alternative treatments

Prescription Charges During Shortages

Key points about charges:

• The standard NHS prescription charge (£9.90 in 2026) applies per item, regardless of supply difficulty
• If an SSP alternative is dispensed, you pay the same charge as you would for the original prescription
• You should never pay more because a medicine is in short supply
• If you need multiple prescriptions because of switches, each one incurs a separate charge — consider a Prescription Prepayment Certificate (PPC) if this becomes costly
• HRT prescriptions have their own prepayment certificate at £8.35/year

How to Complain

If you believe your rights haven't been respected:

Step 1: Complain to the Provider

Start by complaining directly to the pharmacy or GP practice. Most issues can be resolved at this level. Put your complaint in writing (email is fine) and keep a copy.

Step 2: Contact NHS England

If the provider doesn't resolve your complaint satisfactorily, escalate to NHS England (for GP complaints) or the pharmacy's area team.

Step 3: Parliamentary and Health Service Ombudsman

If NHS England's response is unsatisfactory, you can take your complaint to the PHSO — the independent body that investigates NHS complaints.

Step 4: General Pharmaceutical Council (GPhC)

For complaints about pharmacy conduct, the GPhC is the regulator. They investigate concerns about professional standards.

Full NHS complaints process guide →

Extra Protections for Vulnerable Patients

Certain patients are considered clinically vulnerable during medicine shortages:

• Epilepsy patients — medication switches carry seizure risks
• Organ transplant patients — immunosuppressant continuity is critical
• Patients on anticoagulants — dose changes require careful monitoring
• Mental health patients — abrupt changes can trigger crises
• Children and elderly — limited alternative formulations available

If you fall into a vulnerable category, make sure your prescriber is aware and has a documented contingency plan.

Private Prescription Options

If NHS routes are exhausted, private prescriptions are a legal option:

• Any registered doctor can issue a private prescription
• Private pharmacies may have different supply lines
• You pay the full cost of the medicine (no NHS subsidy)
• Online prescribing services may have access to different stock

However, this creates a two-tier system based on ability to pay. Read more about private prescriptions as a backup →

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