The Misuse of Drugs and the Misuse of Drugs (Supply to Addicts) (Amendment) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

Regulations 2 to 13 of these Regulations amend the Misuse of Drugs Regulations 2001 (the 2001 Regulations). Regulation 3 amends the definition of extended formulary nurse prescriber (EFNPs) and the definition of register. Regulation 4 inserts a new regulation 6A(1)(f) into the 2001 Regulations, enabling certain persons to supply ascorbic acid for the purpose of administering or preparing controlled drugs. Regulation 5 inserts a new regulation 6B into the 2001 Regulations and specifies which controlled drugs EFNPs can prescribe in which circumstances. Regulation 6 substitutes new regulation 7(4) and (5) into the 2001 Regulations and provides that EFNPs can administer, and persons can administer in accordance with the directions of an EFNP, any drug which EFNPs are permitted to prescribe under new Regulation 6B of the 2001 Regulations so long as it is administered for a purpose for which it may be prescribed under that Regulation. Regulations 7 and 8 substitute new regulations 8(7) and 9(7) into the 2001 Regulations and specify which controlled drugs EFNPs can supply in which circumstances.

Regulation 9 amends regulation 15 of the 2001 Regulations to enable prescriptions to be written in any form, including typing, printing and any other mode of reproducing words in a visible form, with only the signature necessarily being handwritten.

Regulation 10 amends regulation 20 of the 2001 Regulations to provide that registers can be kept in a computerised form which is in accordance with specified best practice guidance. Regulation 11 inserts a new regulation 24A into the 2001 Regulations to provides that records may be preserved in a computerised form which is in accordance with specified best practice guidance. Regulation 12 amends regulation 26 of the 2001 Regulations to enable the Secretary of State or an authorised person to request that a register which is kept in computerised form be produced by sending a copy of it in computerised form to the appropriate person.

Regulation 13 revokes paragraph 2 of Schedule 5 to the 2001 Regulations, removing any preparation of cocaine containing not more than 0.1% of cocaine from the exception from the prohibition on importation, exportation and possession. Regulation 14 makes a consequential amendment to the Misuse of Drugs (Supply to Addicts) Regulations 1997.