2006 No. 245
NATIONAL HEALTH SERVICE

The National Health Service (Pharmaceutical Services) (Scotland) Amendment (No. 2) Regulations 2006

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers in exercise of the powers conferred by sections 27(1) and 27(2), 105(7) and 108(1) of the National Health Service (Scotland) Act 19781 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation1.

These Regulations may be cited as the National Health Service (Pharmaceutical Services) (Scotland) Amendment (No. 2) Regulations 2006 and shall come into force on 31st May 2006.

Amendment of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 19952.

In regulation 2(1) (interpretation) of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 19952–

(a)

for the definition of “independent nurse prescriber”3 substitute–

““independent nurse prescriber” means a person–

(a)

who is registered in the Nursing and Midwifery Register; and

(b)

against whose name is recorded in that register an annotation signifying that he or she is qualified to order drugs, medicines and appliances as a community practitioner nurse prescriber, a nurse independent prescriber or a nurse independent/supplementary prescriber;”;

(b)

for the definition of “nurses and midwives' professional register”4 substitute–
““Nursing and Midwifery Register” means the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 20015;”; and

(c)

for the definition of “supplementary prescriber”6 substitute–

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

(a)

the Nursing and Midwifery Register;

(b)

the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 19547;

(c)

the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 19768;

(d)

the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 20019 relating to–
  1. (i)

    chiropodists and podiatrists;

  2. (ii)

    physiotherapists; or

  3. (iii)

    diagnostic or therapeutic radiographers; or

(e)

the register of optometrists maintained by the General Optical Council in pursuance of section 7 of the Opticians Act 198910,

and against whose name is recorded in the relevant register an annotation signifying that he or she is qualified to order drugs, medicines and appliances as a supplementary prescriber or, in the case of the Nursing and Midwifery Register, a nurse independent/supplementary prescriber;”.

LEWIS MACDONALD
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 (“the principal Regulations”) which regulate the provision of pharmaceutical services under the National Health Service (Scotland) Act 1978.

These Regulations make changes to the principal Regulations as a consequence of new arrangements for the independent prescribing of drugs, medicines and appliances by nurses. Independent nurse prescribers, unless they are community practitioner nurse prescribers, will no longer be limited to prescribing from a particular formulary.

Regulation 2(a) substitutes a new definition of “independent nurse prescriber”.

Regulation 2(b) substitutes a new definition of “Nursing and Midwifery Register” in place of the existing definition of “nurses and midwives professional register”.

Regulation 2(c) substitutes a new definition of “supplementary prescriber”.