The Misuse of Drugs (Amendment) (No. 3)Regulations 2003

Amendment of the Misuse of Drugs Regulations 2001

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

(2) In regulation 2(1) there shall be inserted—

(a) after the definition of “exempt product”,

““extended formulary nurse prescriber” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997(2), and such a person may only prescribe—

(a)

diazepam, lorazepam or midazolam for use in palliative care;

(b)

codeine phosphate, dihydrocodeine tartrate or co-phenotrope;”;

(b) after the definition of “officer of customs and excise”,

““patient group direction” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;”;

(c) in the definition of “prescription”, after “medical treatment of a single individual”, “by an extended formulary nurse prescriber for the medical treatment of a single individual,”;

(d) after the definition of “register”,

““registered health visitor” means a person who is registered in the professional register by virtue of qualifications in relation to health visiting and the professional register is the register maintained by the Nursing and Midwifery Council pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001(3);

“registered midwife” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;

“registered nurse” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;

“registered ophthalmic optician” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;”;

(e) after the definition of “sister or acting sister”—

““state registered chiropodist” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;

“state registered paramedic” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;”.

(3) In regulation 6 there shall be inserted—

(a) in paragraph (2), after “practitioner”, “, an extended formulary nurse prescriber, a registered nurse or a person specified in Schedule 8”.

(4) In regulation 7 there shall be inserted after paragraph (3)—

“(4) Notwithstanding the provisions of paragraph (3), an extended formulary nurse prescriber may administer to a patient, without the directions of a doctor or dentist, diazepam, lorazepam and midazolam for use in palliative care.

(5) Notwithstanding the provisions of paragraph (3), any person may administer to a patient, in accordance with the directions of an extended formulary nurse prescriber, diazepam, lorazepam and midazolam for use in palliative care.”.

(5) In regulation 8 there shall be inserted after paragraph (6)—

“(7) Notwithstanding the provisions of section 4(1)(b) of the Act, an extended formulary nurse prescriber may, when acting in her capacity as such, supply or offer to supply codeine phosphate, dihydrocodeine tartrate and co-phenotrope, to any person who may lawfully have any of these drugs in his possession.

(8) Notwithstanding the provisions of section 4(1)(b) of the Act—

(a) a registered nurse, when acting in her capacity as such, may supply or offer to supply, under and in accordance with the terms of a patient group direction, diamorphine for the treatment of cardiac pain to a person admitted as a patient to a coronary care unit or an accident and emergency department of a hospital;

(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 to any person who may lawfully have that drug in his possession.”.

(6) In regulation 9 there shall be inserted after paragraph (6)—

“(7) Notwithstanding the provisions of section 4(1)(b) of the Act, an extended formulary nurse prescriber may, when acting in her capacity as such, supply or offer to supply diazepam, lorazepam and midazolam for use in palliative care to any person who may lawfully have any of these drugs in his possession.

(8) Notwithstanding the provisions of section 4(1)(b) of the Act, a registered nurse or a person specified in Schedule 8, when acting in their capacity as such, may supply or offer to supply, under and in accordance with the terms of a patient group direction, any drug specified in Schedule 4 to any person who may lawfully have that drug in his possession, except that this paragraph shall not have effect in the case of—

(a) the supply or offer to supply of any of the anabolic steroid drugs specified in Part II of Schedule 4; and

(b) any drug or preparation 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;

(c) for the purposes of paragraph (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.”.

(7) In regulation 10 there shall be inserted—

(a) after paragraph (1)(c),

“(d) a person specified in regulation 9(3)(b) or (c) may have in his possession any drug specified in Part I of Schedule 4 which is contained in a medicinal product;

(e) a person specified in regulation 9(7) may have in her possession any drug specified in that regulation in accordance with the conditions specified in that regulation;”;

(b) in paragraph (2) after “practitioner”, “or an extended formulary nurse prescriber,”;

(c) in paragraph (2) after “doctor”, “or an extended formulary nurse prescriber,”;

(d) in paragraph (2)(a) after “another doctor”, “or another extended formulary nurse prescriber”;

(e) in paragraph (2)(a) after “mentioned doctor”, “or extended formulary nurse prescriber”.

(8) After Schedule 7 the Schedule to these Regulations shall be inserted.

(1)

S.I. 2001/3998, as amended by S.I. 2003/1432 and S.I. 2003/1653.

(2)

S.I. 1997/1830, as amended by S.I. 1997/2044, S.I. 1998/108, S.I. 1998/1178, S.I. 1998/2081, S.I. 1999/1044, S.I. 1999/3463, S.I. 2000/1917, S.I. 2000/2899, S.I. 2000/3231, S.I. 2001/2777, S.I. 2001/3942, S.I. 2002/549, S.I. 2003/696.

(3)

S.I. 2002/253.