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The Misuse of Drugs (Amendment) Regulations 2005

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Amendment of the Misuse of Drugs Regulations 2001

This sectionnoteType=Explanatory Memorandum has no associated

2.  (1)  —(1) The Misuse of Drugs Regulations 2001(1) shall be amended as follows.

(2) In regulation 2(1)—

(a)after the definition of “authorised as a member of a group”, insert ““clinical management plan” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997(2);”;

(b)in the definition of “prescription”, after “prescriber for the medical treatment of a single individual”, insert “by a supplementary prescriber for the medical treatment of a single individual;”;

(c)after the definition of “state registered paramedic”, insert ““supplementary prescriber” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997(3);”;

(3) In regulation 6(2), after “registered nurse”, insert “, a supplementary prescriber”.

(4) In regulation 6A(2), after “treatment services” insert—

(d)a supplementary prescriber acting under and in accordance with the terms of a clinical management plan.

(5) In regulation 7, after paragraph (5) insert—

(6) Notwithstanding the provisions of paragraph (3), a supplementary prescriber acting under and in accordance with the terms of a clinical management plan may administer to a patient, without the directions of a doctor or dentist, any drug specified in Schedule 2, 3 or 4.

(7) Notwithstanding the provisions of paragraph (3), any person may administer to a patient, in accordance with the directions of a supplementary prescriber acting under and in accordance with the terms of a clinical management plan, any drug specified in Schedule 2, 3 or 4.

(6) In regulation 8(2), after paragraph (j) insert—

(k)a supplementary prescriber acting under and in accordance with the terms of a clinical management plan,.

(7) In regulation 9(2), after paragraph (h) insert—

(i)a supplementary prescriber acting under and in accordance with the terms of a clinical management plan,.

(8) In regulation 10—

(a)In paragraph (1)(a), “(k)” shall be substituted for “(j)”;

(b)In paragraph (1)(b), “(i)” shall be substituted for “(h)”;

(c)In paragraph (2) after “practitioner”, insert “, a supplementary prescriber acting under and in accordance with the terms of a clinical management plan”;

(d)In paragraph (2) after “doctor”, insert “, a supplementary prescriber”;

(e)In paragraph (2)(a) after the first “doctor”, insert “, another supplementary prescriber”;

(f)In paragraph (2)(a) after the second “doctor”, insert “, supplementary prescriber”.

(9) In regulation 14(4) after paragraph (f), insert—

(g)a supplementary prescriber.

(10) In regulation 18(2)(d) after “practitioner”, insert “or supplementary prescriber”.

(11) In regulation 26(2) after paragraph (h), insert—

(i)a supplementary prescriber.

(1)

S.I. 2001/3998, as amended by S.I. 2003/1432, S.I. 2003/1653, S.I. 2003/2429, S.I. 2004/1031 and S.I. 2004/1771.

(2)

S.I. 1997/1830; the definition of “clinical management plan” was inserted by S.I. 2003/696.

(3)

S.I. 1997/1830; the definition of “supplementary prescriber” was inserted by S.I. 2003/696 and amended by S.I. 2004/1771.

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