Regulation 2 Amendment of regulation 1 of the principal Regulations

after the definition of “controlled drug”, insert the following definition—

• ““district nurse/health visitor prescriber” means—

  1. (a)

     a person who—

     1. (i)

        is registered in Part 1 or 12 of 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 1983^f1; 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;”;

after the definition of “excepted person”^f2, insert the following definitions—

• ““Extended Formulary” means the Nurse Prescribers' Extended Formulary Appendix in the current edition of the British National Formulary;

• “extended formulary nurse prescriber” means a person—

  1. (a)

     who is a first level nurse, and

  2. (b)

     against whose name is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances from the Extended Formulary;

• “first level nurse” means a person registered in Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the professional register;”;

after the definition of “Health Authority”^f3, insert the following definition—

• ““health care” means services for or in connection with the prevention, diagnosis or treatment of disease;”;

in the definition of “health prescription”, for “or dentist” substitute “, a dentist, a supplementary prescriber, a district nurse/health visitor prescriber or an extended formulary nurse prescriber”;

after the definition of “health prescription”, insert the following definitions—

• ““independent clinic”—

  1. (a)

     in relation to England and Wales, has the meaning given by section 2(4) of the Care Standards Act 2000^f4, and

  2. (b)

     in relation to Scotland, has the meaning given by section 77(1) of the Regulation of Care (Scotland) Act 2001^f5;

• “independent hospital”—

  1. (a)

     in relation to England and Wales, shall be construed in accordance with section 2(2), (3) and (6) of the Care Standards Act 2000, and

  2. (b)

     in relation to Scotland, means—

     1. (i)

        an independent hospital, or

     2. (ii)

        a private psychiatric hospital,

     as defined by section 77(1) of the Regulation of Care (Scotland) Act 2001;

• “independent medical agency”—

  1. (a)

     in relation to England and Wales, has the meaning given by section 2(5) of the Care Standards Act 2000, and

  2. (b)

     in relation to Scotland, has the meaning given by section 77(1) of the Regulation of Care (Scotland) Act 2001;”;

in the definition of “prescription only medicine”, for “Prescription Only Order” substitute “Prescription Only Medicines Order”;

for the definition of “the Prescription Only Order”, substitute the following definition—

• ““the Prescription Only Medicines Order” means the Prescription Only Medicines (Human Use) Order 1997^f6;”;

after the definition of “Primary Care Trust”^f7, insert the following definitions—

• ““prison service” means—

  1. (a)

     in relation to England and Wales, a Minister of the Crown exercising functions in relation to prisons (within the meaning of the Prison Act 1952^f8),

  2. (b)

     in relation to Scotland, the Scottish Ministers exercising functions in relation to prisons (within the meaning of the Prisons (Scotland) Act 1989^f9), and

  3. (c)

     in relation to Northern Ireland, the Northern Ireland Department exercising functions in relation to prisons (within the meaning of the Prison Act (Northern Ireland) 1953^f10);

• “professional register” means the register maintained by the Nursing and Midwifery Council^f11 pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001^f12;”;

after the definition of “registered ophthalmic optician”, insert the following definition—

• ““relevant register” means—

  1. (a)

     in relation to a first level nurse, the professional register, and

  2. (b)

     in relation to a pharmacist, the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954^f13 or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976^f14;”;

after the definition of “Special Health Authority”^f15, insert the following definition—

• ““supplementary prescriber” means—

  1. (a)

     a first level nurse, or

  2. (b)

     a pharmacist,

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