The Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) Regulations (Northern Ireland) 2003

Statutory Rules of Northern Ireland

2003 No. 447

HEALTH AND PERSONAL SOCIAL SERVICES

The Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) Regulations (Northern Ireland) 2003

Made

13th October 2003

Coming into operation

5th November 2003

The Department of Health, Social Services and Public Safety(1) in exercise of the powers conferred on it by Articles 56, 63(1), (2), (2A) to (2D), 64, 98, 106(b) and 107(6) and Schedule 15 to the Health and Personal Social Services (Northern Ireland) Order 1972(2) and of all other powers enabling it in that behalf, and in conjunction with the Department of Finance and Personnel and after consultation with such organisations as appear to the Department of Health, Social Services and Public Safety to be representative of the medical and pharmaceutical professions as required by Articles 56(5) and 63(3) of that Order, hereby makes the following Regulations:

Citation, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) Regulations (Northern Ireland) 2003 and shall come into operation on 5th November 2003.

(2) In these Regulations –

(a) “the Pharmaceutical Regulations” means the Pharmaceutical Services Regulations (Northern Ireland) 1997(3);

(b) “the General Medical Services Regulations” means the General Medical Services Regulations (Northern Ireland) 1997(4);

(c) “the Charges for Drugs and Appliances Regulations” means the Charges for Drugs and Appliances Regulations (Northern Ireland) 1997(5).

Commencement Information

I1 Reg. 1 in operation at 5.11.2003, see reg. 1(1)

Amendment of the Pharmaceutical Services Regulations (Northern Ireland) 1997 N.I.

2.—(1) The Pharmaceutical Services Regulations (Northern Ireland) 1997 are amended as follows.

(2) In regulation 2(1) (interpretation) –

(a) insert each of the following definitions at the appropriate alphabetical place –

““independent nurse prescriber” means –

(a)

a person whose name is registered –

(i)

in Part 1 or 12 of the nurses and midwifes' professional register and has a district nurse qualification additionally recorded in the nurses and midwives' professional register pursuant to rule 11 of the Nurses, Midwives and Health Visitors Rules 1983(6), or

(ii)

in Part 11 of the nurses and midwives' professional register as a health visitor,

and against whose name is recorded in the nurses and midwives' professional register an annotation signifying that he is qualified to order drugs, medicines and appliances from the Nurse Prescribers' Formulary for District Nurses and Health Visitors in Part IXB of the Drug Tariff; or

(b)

a person –

(i)

whose name is registered in Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the nurses and midwives' professional register, and

(ii)

against whose name is recorded in the nurses and midwives' professional register an annotation signifying that he is qualified to order drugs, medicines and appliances from the Nurse Prescribers' Extended Formulary in Part IXC of the Drug Tariff;”;

““nurses and midwives' professional register” means the register maintained by the Nursing and Midwifery Council pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001(7);”; and

““supplementary prescriber” means a person whose name is registered in –

(a)

Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the nurses and midwives' professional register;

(b)

the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954(8); or

(c)

the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976(9),

and against whose name is recorded in the relevant register an annotation that he is qualified to order drugs, medicines and appliances as a supplementary prescriber;”;

(b) in the definition of “prescription form”, in sub-paragraph (c) for “a nurse prescriber” substitute “a supplementary prescriber or independent nurse prescriber”; and

(c) the definition of “nurse prescriber” is omitted.

(3) Regulation 2(2) is omitted.

(4) In Schedule 2 (terms of service for chemists) –

(a) in paragraph 2 –

(i) in sub-paragraph (1)(a) and (b), after “doctor”, at both places where it occurs, insert “or a supplementary prescriber”,

(ii) in sub-paragraph (1)(d) and (e), for “a nurse prescriber” at both places where it occurs, substitute “an independent nurse prescriber”,

(iii) in sub-paragraph (7) for “dentist or nurse prescriber” substitute “dentist, a supplementary prescriber or an independent nurse prescriber”,

(iv) in sub-paragraphs (9) and (10), for “dentist or nurse prescriber” substitute “dentist, supplementary prescriber or independent nurse prescriber”, and

(v) in sub-paragraph (12) after “doctor” insert “, supplementary prescriber or independent nurse prescriber”;

(b) in paragraph 7(2) for “or by a nurse prescriber” substitute “, or by a supplementary prescriber or an independent nurse prescriber,”; and

(c) in paragraphs 14(1), (2) and 14A, before “a nurse prescriber” at each place where it occurs, insert “supplementary prescriber or an independent”.

Commencement Information

I2 Reg. 2 in operation at 5.11.2003, see reg. 1(1)

Amendment of the General Medical Services Regulations (Northern Ireland) 1997 N.I.

F1 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 3 revoked (1.4.2004) by The General Medical Services Transitional and Consequential Provisions (No. 2) (Northern Ireland) Order 2004 (S.R. 2004/156), reg. 1(1), Sch. 2

Amendment of the Charges for Drugs and Appliances Regulations (Northern Ireland) 1997 N.I.

F2 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 4 revoked (1.4.2010) by The Charges for Drugs and Appliances (Abolition) and Supply of Appliances Regulations (Northern Ireland) 2010 (S.R. 2010/71), reg. 1, Sch.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 13th October 2003.

L.S.

James F. Livingstone

A senior officer of the

Department of Health, Social Services and Public Safety

Sealed with the Official Seal of the Department of Finance and Personnel on 13th October 2003.

L.S.

Ciaran Doran

A senior officer of the

Department of Finance and Personnel

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Pharmaceutical Services Regulations (Northern Ireland) 1997, the General Medical Services Regulations (Northern Ireland) 1997 and the Charges for Drugs and Appliances Regulations (Northern Ireland) 1997 arising out of the designation of a new category of prescriber of medicines and appliances for human use.

Regulation 2 amends the Pharmaceutical Services Regulations (Northern Ireland) 1997 (“the Pharmaceutical Services Regulations”). Under amendments to the Prescription Only Medicines (Human Use) Order 1997 “supplementary prescribers”, who are appropriately qualified nurses and pharmacists, are being given new rights to prescribe prescription only medicines under an agreed clinical management plan for an individual patient. These “supplementary prescribers” will also be qualified to prescribe other medicines and appliances under such plans. The pre-existing category of “nurse prescriber” in the Pharmaceutical Services Regulations is renamed as “independent nurse prescriber” to differentiate more clearly between the different categories of nurses who may prescribe. Amendments are made to the terms of service provisions in Schedule 2 to the Pharmaceutical Services Regulations to ensure that chemists may dispense against prescriptions of supplementary prescribers.

Regulation 3 makes changes to the General Medical Services Regulations (Northern Ireland) 1997. As a result, the existing rules relating to the employment by doctors of “nurse prescribers” will now relate to both nurses who are supplementary prescribers and, as before, to nurses who are independent nurse prescribers. Also, doctors who employ supplementary prescribers are required to have arrangements in place to ensure that the supplementary prescribers they employ comply with the regime of control relating to supplementary prescribing.

Regulation 4 makes changes to the Charges for Drugs and Appliances Regulations (Northern Ireland) 1997 arising out of the introduction of supplementary prescribing.

(1)

See S.I. 1999/283 (N.I.) Article 3(6)

(2)

S.I. 1972/1265 (N.I. 14) relevant amending instruments are S.I. 1978/1907 (N.I. 26) Article 14; S.I. 1986/2023 (N.I. 20) Articles 5(1) and (2); S.I. 1991/194 (N.I. 1) Articles 31(1) and (2); S.I. 1992/2671 (N.I. 18) Article 3; S.I. 1997/1177(N.I. 7) Article 29 and 2001 c. 3 (N.I.) section 48

(3)

S.R. 1997 No. 381 relevant amending instruments are S.R. 1999 No. 254; S.R. 2001 No. 222; S.R. 2002 No. 92 and S.R. 2002 No. 397

(4)

S.R. 1997 No. 380; relevant amending instrument is S.R. 2001 No. 167

(5)

S.R. 1997 No. 382; relevant amending instruments are S.R. 1999 No. 166, S.R. 2000 No. 57 and S.R. 2002 No. 397

(6)

Approved by S.I. 1983/873, to which there are amendments not relevant to these Regulations

(7)

S.I. 2002/253

(8)

1954 c. 61

(9)

S.I. 1976/1213 (N.I. 22)