2006 No. 986

DANGEROUS DRUGS

The Misuse of Drugs (Amendment) Regulations 2006

Made

Laid before Parliament

Coming into force

The Secretary of State makes the following regulations in exercise of the powers conferred by sections 7(1) and (2), 10, 22 and 31(1) of the Misuse of Drugs Act 19711.

In accordance with section 31(3) of that Act he has consulted with the Advisory Council on the Misuse of Drugs.

Citation, commencement and interpretation1

1

These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2006 and shall come into force on 1st May 2006.

2

In these Regulations, “the 2001 Regulations” means the Misuse of Drugs Regulations 20012.

Amendment of regulation 2 of the 2001 Regulations2

In regulation 2 of the 2001 Regulations (interpretation), in paragraph (1)—

a

omit the definition of “extended formulary nurse prescriber”3;

b

after the definition of “medicinal product” insert the following definition—

  • “nurse independent prescriber” has the same meaning as in the Prescription Only Medicines (Human Use) Order 19974, and such a person may only prescribe controlled drugs in accordance with regulation 6B;

c

in the definition of “prescription”, for “an extended formulary nurse prescriber”5 substitute “a nurse independent prescriber”.

Amendment of regulation 6B of the 2001 Regulations3

In regulation 6B of the 2001 Regulations (authority for Extended Formulary Nurse Prescribers to prescribe)6—

a

in the heading, for “Extended Formulary Nurse Prescribers” substitute “Nurse Independent Prescribers”;

b

for “An extended formulary nurse prescriber” substitute “A nurse independent prescriber”;

c

in sub-paragraph (a), omit “diazepam, lorazepam, midazolam,”;

d

in sub-paragraph (e), at the end insert “; and”; and

e

after sub-paragraph (e), insert—

f

diazepam, lorazepam or midazolam for use in palliative care or treatment of tonic-clonic seizures.

Amendment of regulation 7 of the 2001 Regulations4

In regulation 77 of the 2001 Regulations (administration of drugs in Schedules 2, 3, 4 and 5)—

a

in paragraph (4), for “an extended formulary nurse prescriber” substitute “a nurse independent prescriber”; and

b

in paragraph (5)—

i

for “an extended formulary nurse prescriber” substitute “a nurse independent prescriber”, and

ii

for “the extended formulary nurse prescriber” substitute “the nurse independent prescriber”.

Amendment of regulation 8 of the 2001 Regulations5

In regulation 88 of the 2001 Regulations (production and supply of drugs in Schedules 2 and 5), in paragraph (7), for “an extended formulary nurse prescriber” substitute “a nurse independent prescriber”.

Amendment of regulation 9 of the 2001 Regulations6

In regulation 99 of the 2001 Regulations (production and supply of drugs in Schedules 3 and 4), in paragraph (7)—

a

for “an extended formulary nurse prescriber” substitute “a nurse independent prescriber”; and

b

in sub-paragraph (a), after “care” add “or treatment of tonic-clonic seizures”.

Amendment of regulation 10 of the 2001 Regulations7

In regulation 1010 of the 2001 Regulations (possession of drugs in Schedules 2, 3 and 4), in paragraph (2)—

a

for “an extended formulary nurse prescriber”, in both places those words appear, substitute “a nurse independent prescriber”; and

b

in sub-paragraph (a), for “extended formulary nurse prescriber”, in both places those words appear, substitute “nurse independent prescriber”.

Paul GogginsParliamentary Under-Secretary of StateHome Office

(This note is not part of the Regulations)

These Regulations amend the Misuse of Drugs Regulations 2001 (“the 2001 Regulations”). Regulations 2 to 7 amend regulations 2, 6B and 7 to 10 of the 2001 Regulations, to replace references to “extended formulary nurse prescribers” with references to “nurse independent prescribers”. The effect is that nurse independent prescribers will be allowed to prescribe, supply, possess, administer and give directions for the administration of specified controlled drugs in those circumstances in which extended formulary nurse prescribers were previously able to.

Regulations 3(c) to (e) and 6(b) amend regulations 6B and 9 of the 2001 Regulations to allow nurse independent prescribers to prescribe and supply diazepam, lorazepam and midazolam for the treatment of tonic-clonic seizures.