Statutory Instruments
2005 No. 271
DANGEROUS DRUGS
The Misuse of Drugs (Amendment) Regulations 2005
Made
9th February 2005
Laid before Parliament
11th February 2005
Coming into force
14th March 2005
The Secretary of State, in exercise of the powers conferred upon him by sections 7, 10, 22 and 31 of the Misuse of Drugs Act 1971( 1 ), and after consultation with the Advisory Council on the Misuse of Drugs in accordance with section 31(3) of that Act, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2005 and shall come into force on 14th March 2005.
Amendment of the Misuse of Drugs Regulations 2001
2. —(1)The Misuse of Drugs Regulations 2001( 2 ) shall be amended as follows.
(2) In regulation 2(1)—
(a) after the definition of “authorised as a member of a group”, insert ““clinical management plan” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997( 3 );”;
(b) in the definition of “prescription”, after “prescriber for the medical treatment of a single individual”, insert “by a supplementary prescriber for the medical treatment of a single individual;”;
(c) after the definition of “state registered paramedic”, insert ““supplementary prescriber” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997( 4 );”;
(3) In regulation 6(2), after “registered nurse”, insert “, a supplementary prescriber”.
(4) In regulation 6A(2), after “treatment services” insert—
“ (d) a supplementary prescriber acting under and in accordance with the terms of a clinical management plan ” .
(5) In regulation 7, after paragraph (5) insert—
“ (6) Notwithstanding the provisions of paragraph (3), a supplementary prescriber acting under and in accordance with the terms of a clinical management plan may administer to a patient, without the directions of a doctor or dentist, any drug specified in Schedule 2, 3 or 4.
(7) Notwithstanding the provisions of paragraph (3), any person may administer to a patient, in accordance with the directions of a supplementary prescriber acting under and in accordance with the terms of a clinical management plan, any drug specified in Schedule 2, 3 or 4. ”
(6) In regulation 8(2), after paragraph (j) insert—
“ (k) a supplementary prescriber acting under and in accordance with the terms of a clinical management plan, ” .
(7) In regulation 9(2), after paragraph (h) insert—
“ (i) a supplementary prescriber acting under and in accordance with the terms of a clinical management plan, ” .
(8) In regulation 10—
(a) In paragraph (1)(a), “(k)” shall be substituted for “(j)”;
(b) In paragraph (1)(b), “(i)” shall be substituted for “(h)”;
(c) In paragraph (2) after “practitioner”, insert “, a supplementary prescriber acting under and in accordance with the terms of a clinical management plan”;
(d) In paragraph (2) after “doctor”, insert “, a supplementary prescriber”;
(e) In paragraph (2)(a) after the first “doctor”, insert “, another supplementary prescriber”;
(f) In paragraph (2)(a) after the second “doctor”, insert “, supplementary prescriber”.
(9) In regulation 14(4) after paragraph (f), insert—
“ (g) a supplementary prescriber ” .
(10) In regulation 18(2)(d) after “practitioner”, insert “or supplementary prescriber”.
(11) In regulation 26(2) after paragraph (h), insert—
“ (i) a supplementary prescriber ” .
Caroline Flint
Parliamentary Under Secretary of State
Home Office
9th February 2005
1971 c. 38 . Section 22 of that Act was amended by section 177(1) of, and paragraph 12 of Schedule 4 to, the Customs and Excise Management Act 1979 (c. 2) .
S.I. 2001/3998 , as amended by S.I. 2003/1432 , S.I. 2003/1653 , S.I. 2003/2429 , S.I. 2004/1031 and S.I. 2004/1771 .
S.I. 1997/1830 ; the definition of “clinical management plan” was inserted by S.I. 2003/696 .
S.I. 1997/1830 ; the definition of “supplementary prescriber” was inserted by S.I. 2003/696 and amended by S.I. 2004/1771 .