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The Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Amendment (No. 3) Order 1994

S.I. 1994/3050 · Made 29 November 1994

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

MEDICINES

Made 29th November 1994

Laid before Parliament 7th December 1994

Coming into force 31st December 1994

The Secretaries of State concerned with health in England, in Wales and in Scotland respectively and the Department of Health and Social Services for Northern Ireland, acting jointly, in exercise of powers conferred on them by sections 58(1) and 129(4) of the Medicines Act 1968f1 or, as the case may be, those conferred by those provisions and now vested in themf2, and of all other powers enabling them in that behalf, after consulting such organisations as appear to them to be representative of interests likely to be substantially affected by this Order, pursuant to section 129(6) of that Act, and after consulting and taking into account the advice of the Medicines Commission pursuant to sections 58(6) and 129(7) of that Act, hereby make the following Order:

Annotations to the whole text

Footnotes

f1

1968 c. 67. The expressions “the appropriate Ministers” and “the Health Ministers” are defined in section 1 of that Act as amended by S.I. 1969/388, Schedule 1; section 58(1) was amended by the Medicinal Products: Prescription by Nurses etc. Act 1992 (c. 28), section 1.

f2

In the case of the Secretaries of State concerned with health in England and in Wales by virtue of article 2(2) of, and Schedule 1 to, the Transfer of Functions (Wales) Order 1969 (S.I. 1969/388); in the case of the Department of Health and Social Services for Northern Ireland by virtue of section 40 of, and Schedule 5 to, the Northern Ireland Constitution Act 1973 (c. 36) and section 1(3) of, and paragraph 2(1)(b) of Schedule 1 to, the Northern Ireland Act 1974 (c. 28).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of article 1 of the principal Order
  3. 3Substitution of article 2 of the principal Order
  4. 4Insertion of Schedule 1A in the principal Order
  5. Signature
  6. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Amendment (No. 3) Order 1994 and shall come into force on 31st December 1994.

(2)

In this Order “the principal Order” means the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Order 1983f1.

2Amendment of article 1 of the principal Order

(1)

In article 1(2) of the principal Order (citation, commencement and interpretation), after the definition of “aerosol” there is inserted the following definition—

  • “appropriate nurse practitioner” means—

    1. (a)

      a person who—

      1. (i)

        is registered in Part 1 or 12 of the Register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting under section 10 of the Nurses, Midwives and Health Visitors Act 1979f1 (referred to below in this definition as “the professional register”), and

      2. (ii)

        has a district nursing qualification additionally recorded in the professional register under rule 11 of the Nurses, Midwives and Health Visitors Rules 1983f2; or

    2. (b)

      a person who is registered in Part 11 of the professional register as a health visitor;

    against whose name (in each case) is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances for patients;”.

(2)

The following paragraph is inserted after article 1(3) of the principal Order—

“(4)

In Schedule 1A, the abbreviation “NPF” means the Nurse Prescribers' Formulary Appendix in the British National Formulary.”.

3Substitution of article 2 of the principal Order

For article 2 of the principal Order (appropriate practitioners) there is substituted the following article—

“Appropriate practitioners

2

For the purposes of section 58 (medicinal products on prescription only), the following shall be appropriate practitioners—

(a)

in relation to the descriptions and classes of medicinal products specified for the purposes of that section in article 3, doctors, dentists, veterinary surgeons and veterinary practitioners;

(b)

in relation to the descriptions and classes of medicinal products so specified which are listed in Schedule 1A, appropriate nurse practitioners.”.

4Insertion of Schedule 1A in the principal Order

The following Schedule is inserted after Schedule 1 to the principal Order (descriptions and classes of prescription only medicines)—

“SCHEDULE 1A

DESCRIPTIONS AND CLASSES OF PRESCRIPTION ONLY MEDICINES IN RELATION TO WHICH APPROPRIATE NURSE PRACTITIONERS ARE APPROPRIATE PRACTITIONERS

Article 2(b)

  • Cadexomer-Iodine Paste NPF

  • Cadexomer-Iodine Powder NPF

  • Co-danthramer-Oral Suspension NPF

  • Co-danthramer Oral Suspension Strong NPF

  • Co-danthrusate Capsules

  • Mebendazole Tablets NPF

  • Mebendazole Oral Suspension NPF

  • Miconazole Oral Gel NPF

  • Nystatin Oral Suspension

  • Nystatin Pastilles NPF

  • Streptokinase and Streptodornase Topical Powder NPF”.

Signature

Signed by authority of the Secretary of State for Health

Tom Sackville

Parliamentary Under Secretary of State

Department of Health

24th November 1994

John Redwood

Secretary of State for Wales

25th November 1994

Fraser of Carmyllie

Minister of State The Scottish Office

25th November 1994

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 29th November 1994.

L.S.

F. A. Elliott

Permanent Secretary

Explanatory note

(This note is not part of the Order)

This Order further amends the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Order 1983 (“the principal Order”) which specifies descriptions and classes of prescription only medicines subject to section 58(2) of the Medicines Act 1968, that is to say, medicinal products which (subject to exemptions) may be sold or supplied by retail only in accordance with a prescription given by an appropriate practitioner and which may be administered only by or in accordance with the directions of such a practitioner.

Article 3 of this Order substitutes article 2 of the principal Order (which specifies appropriate practitioners) to add appropriate nurse practitioners (as defined in Article 2) to the categories of appropriate practitioner.

Article 4 of the Order inserts Schedule 1A into the principal Order, specifying the prescription only medicines which may be prescribed by appropriate nurse practitioners.