2015 No. 891
The Misuse of Drugs (Amendment) (No. 2) (England, Wales and Scotland) Regulations 2015
Made
Laid before Parliament
Coming into force in accordance with regulation 1
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 7, 10, 22 and 31 of the Misuse of Drugs Act 19711.
In accordance with section 31(3) of that Act the Secretary of State has consulted with the Advisory Council on the Misuse of Drugs.
Citation, commencement, interpretation, and extent1
1
These Regulations may be cited as the Misuse of Drugs (Amendment) (No. 2) (England, Wales and Scotland) Regulations 2015 and, subject to paragraphs (2) and (3), come into force on 1st June 2015.
2
Regulation 11(d) comes into force on 1st July 2015.
3
Regulations 10(a), 17 and 19 come into force on 30th November 2015.
4
In these Regulations the “2001 Regulations” means the Misuse of Drugs Regulations 20012.
5
These Regulations extend to England and Wales and Scotland.
Amendment of the 2001 Regulations2
The 2001 Regulations are amended in accordance with regulations 3 to 19 below.
Amendment of regulation 23
In regulation 2(1) (interpretation)—
a
in the definition of “health prescription”, for “a doctor or a dentist” substitute “a doctor, a dentist, a nurse independent prescriber, a pharmacist independent prescriber or a supplementary prescriber”;
b
after the definition of “operating department practitioner” insert—
“organisation providing ambulance services” means one of the following health service organisations—
- a
an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;
- b
an NHS trust established under the National Health Service (Wales) Act 20063 which has a function of providing ambulance services;
- c
the Scottish Ambulance Board;
c
after the definition of “prescription” insert—
“prison” has the same meaning as in section 4(9) of the Regulation of Investigatory Powers Act 20004;
Amendment of regulation 64
In regulation 6 (general authority to supply and possess)—
a
in paragraph (2) after “pharmacist independent prescriber,” insert “a physiotherapist independent prescriber, a chiropodist independent prescriber,”;
b
after paragraph (7) insert—
8
Notwithstanding the provisions of section 4(1)(b) of the Act, a person lawfully conducting a retail pharmacy business may supply or offer to supply medicines containing phenobarbital or phenobarbital sodium provided that the medicine is supplied (or in the case of an offer to supply would be supplied) in accordance with conditions A to E of regulation 224 or 225 of the Human Medicines Regulations 20125
New regulation 6C5
After regulation 6B (Authority for Nurse Independent Prescribers and Pharmacist Independent Prescribers to prescribe) insert—
Authority for Physiotherapist Independent Prescribers and Chiropodist Independent Prescribers to prescribe6C
1
A registered physiotherapist independent prescriber may prescribe any of the following controlled drugs for the treatment of organic disease or injury provided that the controlled drug is prescribed to be administered by the specified method—
a
Diazepam by oral administration
b
Dihydrocodeine by oral administration
c
Fentanyl by transdermal administration
d
Lorazepam by oral administration
e
Morphine by oral administration or by injection
f
Oxycodone by oral administration
g
Temazepam by oral administration.
2
A registered chiropodist independent prescriber may prescribe any of the following controlled drugs for the treatment of organic disease or injury provided that the controlled drug is prescribed to be administered by the specified method—
a
Diazepam by oral administration
b
Dihydrocodeine by oral administration
c
Lorazepam by oral administration
d
Temazepam by oral administration.
Amendment of regulation 76
After regulation 7(7) insert—
8
Notwithstanding the provisions of paragraph (3), a registered physiotherapist independent prescriber or registered chiropodist independent prescriber may administer to a patient without the directions of a doctor or a dentist, any controlled drug which such registered physiotherapist independent prescriber or registered chiropodist independent prescriber respectively may prescribe under regulation 6C provided it is administered for a purpose for which it may be prescribed under that regulation and by the method by which it was prescribed to be administered.
9
Notwithstanding the provisions of paragraph (3), any person may administer to a patient, in accordance with the specific instructions of a registered physiotherapist independent prescriber or registered chiropodist independent prescriber, any controlled drug which such registered physiotherapist independent prescriber or registered chiropodist independent prescriber may prescribe under regulation 6C, provided it is administered for a purpose for which it may be prescribed under that regulation and by the method by which it was prescribed to be administered.
Amendment of regulation 87
In regulation 8 (production and supply of drugs in Schedules 2 and 5)—
a
after paragraph (2)(d) insert
da
the person in charge or acting person in charge of an organisation providing ambulance services
b
for paragraph (2)(e) substitute—
e
in the case of such a drug supplied to her by a person responsible for the dispensing and supply of medicines at a hospital, care home or prison, the senior registered nurse, acting senior registered nurse, or registered midwife, for the time being in charge of a ward, theatre or other department in the hospital, care home or prison.
c
in the second paragraph (2)(i) for “a hospital” substitute “a hospital, organisation providing ambulance services”;
d
in paragraph (2)(ii) for “senior registered nurse or acting senior registered nurse” substitute “senior registered nurse, acting senior registered nurse or registered midwife”;
e
after paragraph (2)(iii) insert—
iv
the person in charge or acting person in charge of an organisation providing ambulance services to supply any drugs other than directly to employees of the organisation for the immediate treatment of sick or injured persons.
f
for paragraph (8)(b) substitute—
b
a registered nurse or a person specified in Schedule 8 may, when acting in their capacity as such, supply or offer to supply, under and in accordance with the terms of a patient group direction, any drug specified in Schedule 5 or ketamine to any person who may lawfully have that drug in his possession, except that this paragraph shall not have effect in the case of ketamine or any preparation of ketamine which is designed for administration by injection and which is to be used for the purpose of treating a person who is addicted to a drug;
g
after paragraph (8)(b) insert—
9
For the purposes of paragraph (8)(b) above, a person shall be regarded as being addicted to a drug if, and only if, he has as a result of repeated administration become so dependent upon the drug that he has an overpowering desire for the administration of it to be continued.
Amendment of regulation 98
In regulation 9 (production and supply of drugs in Schedules 3 and 4)—
a
in paragraph (3)(b) for “a hospital” substitute “a hospital, organisation providing ambulance services”;
b
for paragraph (3)(c) substitute—
c
in the case of such a drug supplied to her by a person responsible for the dispensing and supply of medicines at that hospital, care home or prison, the senior registered nurse, acting senior registered nurse or registered midwife, for the time being in charge of a ward, theatre or other department in the hospital, care home or prison.
c
in paragraph (3)(i) for “a hospital” substitute “a hospital, organisation providing ambulance services”;
d
in paragraph (3)(ii) for “senior registered nurse or acting senior registered nurse” substitute “ senior registered nurse, acting senior registered nurse or registered midwife”; and
e
after paragraph (3)(iii) insert—
iv
the person in charge or acting person in charge of an organisation providing ambulance services to supply any drugs other than directly to employees of the organisation for the immediate treatment of sick or injured persons.
Amendment of regulation 119
In regulation 11 (exemption for midwives)—
a
in paragraph (1)(b) after “administer” insert “or supply”; and
b
in paragraph (3) in the definition of “midwife’s supply order” for “obtaining the drug,” substitute “obtaining the drug, the name of the person to whom it is to be administered or supplied,”.
Amendment of regulation 1410
In regulation 14 (documents to be obtained by supplier of controlled drugs)—
a
after paragraph (2)(a)(iv) insert—
v
is in the form approved by the Secretary of State, the Welsh Ministers or the Scottish Ministers, for the purposes of requisitioning Schedule 2 and 3 controlled drugs;
b
in paragraph (4)(b) for “a hospital” substitute “a hospital, organisation providing ambulance services”;
c
after paragraph (4)(i) insert—
j
a person who holds a certificate of proficiency in ambulance paramedic skills issued by, or with the approval of, the Secretary of State, or a person who is a registered paramedic
d
for paragraph (5)(a) substitute—
a
where furnished by the person in charge or acting person in charge of a hospital, organisation providing ambulance services or care home, be signed by a doctor or dentist employed or engaged in that hospital, organisation or care home;
e
in paragraph (5)(b) for “the medical officer designated under section 14 of the National Health Service (Scotland) Act 1978” substitute “a health board competent person designated under section 3 of the Public Health etc. (Scotland) Act 20086 by the health board”;
f
in paragraph (5B)(b) for “hospital or care home” substitute “hospital, organisation providing ambulance services, care home or prison”;
g
in paragraph (6) for “any hospital or care home supplies a controlled drug to the senior registered nurse or acting senior registered nurse for the time being in charge of any ward, theatre or other department in that hospital or care home”7 substitute “any hospital, care home or prison supplies a controlled drug to an operating department practitioner, senior registered nurse, acting senior registered nurse, or registered midwife, for the time being in charge of any ward, theatre or department in that hospital, care home or prison”; and
h
after paragraph (7)(c) insert—
d
subject to paragraph (6) any drug which is required—
i
for use in a prison; or
ii
for use in a care home, which as its whole or main purpose provides palliative care for persons resident there who are suffering from a progressive disease in its final stages.
Amendment of regulation 1511
In regulation 15 (form of prescriptions)—
a
in paragraph (1) omit “or temazepam”;
b
in paragraph (1)(a) after “signature” insert “or be prescribed on an electronic prescription form”;
c
in paragraph 1(aa) after “private prescribing” insert “unless prescribed on an electronic prescription form”;
d
in paragraph (1)(d) after “his care” insert “and specify the Royal College of Veterinary Surgeons registration number of the veterinary surgeon or veterinary practitioner issuing it”;
e
omit paragraph (1A);
f
in paragraph (3) for “hospital or care home”8 substitute “hospital, care home or prison”; and
g
after paragraph (3) insert —
4
In this regulation, “electronic prescription form” has the same meaning as in the National Health Service (Pharmaceutical and Local Pharmaceutical) Regulations 20139.
Amendment of regulation 1612
In paragraph (1A) of regulation 16 (provisions as to supply on prescription) omit “or temazepam”.
Amendment of regulation 1913
For regulation 19(3)(c) (record-keeping requirements in respect of drugs in Schedules 1 and 2) substitute—
c
the senior registered nurse, acting senior registered nurse or registered midwife, for the time being in charge of a ward, theatre or other department in a hospital, care home or prison.
Amendment of regulation 2114
In regulation 21 (record-keeping requirements in respect of drugs in Schedule 2 in particular cases)—
a
in paragraph (3)(a), for “the amount” substitute “the name of the person to whom it is to be administered or supplied, the amount”; and
b
in paragraph (3)(b)—
i
after “administering” insert “or supplying”; and
ii
for “the amount” substitute “the name of the person to whom it was administered or supplied, the amount”.
Amendment of regulation 2415
In regulation 24(3) (preservation of records relating to drugs in Schedules 3 and 5 for “a hospital” substitute “a hospital, organisation providing ambulance services”.
Amendment of regulation 2616
In regulation 26(2)(f) (furnishing of information with respect to controlled drugs) for “a hospital” substitute “a hospital, organisation providing ambulance services”.
Amendment of Schedule 217
In paragraph 1 of Schedule 2 (which specifies controlled drugs subject to the requirements of regulations 14, 15, 16, 18, 19, 20, 21, 23, 26 and 27) after “Isomethadone” insert—
Ketamine
Amendment of Schedule 318
In the heading of Schedule 3 (which specifies controlled drugs subject to the requirements of regulations 14,15 (except Temazepam), 16, 18, 22, 23, 24, 26 and 27) omit “(except Temazepam)”.
Amendment of Schedule 419
In paragraph 1 of Part 1 of Schedule 4 (which specifies controlled drugs subject to the requirements of regulations 22, 23, 26 and 27) omit “Ketamine”.
Transitional provisions
20
Where a supplier obtained a requisition under regulation 14(2) of the 2001 Regulations before 30th November 2015 regulation 10(a) of these Regulations does not apply in respect of that requisition.
21
In the case of a prescription issued under regulation 15(1)(d) of the 2001 Regulations before 1st July 2015 regulation 16(1)(a) of the 2001 Regulations has effect as if regulation 15(1)(d) had not been amended by these Regulations.
(This note is not part of the Regulations)