The Misuse of Drugs (Amendment) Regulations 2006
S.I. 2006/986 · Made 29 March 2006
DANGEROUS DRUGS
Made 29th March 2006
Laid before Parliament 3rd April 2006
Coming into force 1st May 2006
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 1971f1.
In accordance with section 31(3) of that Act he has consulted with the Advisory Council on the Misuse of Drugs.
Annotations to the whole text
Footnotes
- f1
-
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).
Contents
- 1Citation, commencement and interpretation
- 2Amendment of regulation 2 of the 2001 Regulations
- 3Amendment of regulation 6B of the 2001 Regulations
- 4Amendment of regulation 7 of the 2001 Regulations
- 5Amendment of regulation 8 of the 2001 Regulations
- 6Amendment of regulation 9 of the 2001 Regulations
- 7Amendment of regulation 10 of the 2001 Regulations
- Signature
- Explanatory note
1Citation, commencement and interpretation
These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2006 and shall come into force on 1st May 2006.
In these Regulations, “the 2001 Regulations” means the Misuse of Drugs Regulations 2001f1.
2Amendment of regulation 2 of the 2001 Regulations
In regulation 2 of the 2001 Regulations (interpretation), in paragraph (1)—
omit the definition of “extended formulary nurse prescriber”f1;
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 1997f2, and such a person may only prescribe controlled drugs in accordance with regulation 6B;”; and
in the definition of “prescription”, for “an extended formulary nurse prescriber”f3 substitute “a nurse independent prescriber”.
3Amendment of regulation 6B of the 2001 Regulations
In regulation 6B of the 2001 Regulations (authority for Extended Formulary Nurse Prescribers to prescribe)f1—
in the heading, for “Extended Formulary Nurse Prescribers” substitute “Nurse Independent Prescribers”;
for “An extended formulary nurse prescriber” substitute “A nurse independent prescriber”;
in sub-paragraph (a), omit “diazepam, lorazepam, midazolam,”;
in sub-paragraph (e), at the end insert “; and”; and
after sub-paragraph (e), insert—
“(f)diazepam, lorazepam or midazolam for use in palliative care or treatment of tonic-clonic seizures.”
4Amendment of regulation 7 of the 2001 Regulations
In regulation 7f1 of the 2001 Regulations (administration of drugs in Schedules 2, 3, 4 and 5)—
in paragraph (4), for “an extended formulary nurse prescriber” substitute “a nurse independent prescriber”; and
in paragraph (5)—
for “an extended formulary nurse prescriber” substitute “a nurse independent prescriber”, and
for “the extended formulary nurse prescriber” substitute “the nurse independent prescriber”.
5Amendment of regulation 8 of the 2001 Regulations
In regulation 8f1 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”.
6Amendment of regulation 9 of the 2001 Regulations
In regulation 9f1 of the 2001 Regulations (production and supply of drugs in Schedules 3 and 4), in paragraph (7)—
for “an extended formulary nurse prescriber” substitute “a nurse independent prescriber”; and
in sub-paragraph (a), after “care” add “or treatment of tonic-clonic seizures”.
7Amendment of regulation 10 of the 2001 Regulations
In regulation 10f1 of the 2001 Regulations (possession of drugs in Schedules 2, 3 and 4), in paragraph (2)—
for “an extended formulary nurse prescriber”, in both places those words appear, substitute “a nurse independent prescriber”; and
in sub-paragraph (a), for “extended formulary nurse prescriber”, in both places those words appear, substitute “nurse independent prescriber”.
Signature
Paul Goggins
Parliamentary Under-Secretary of State
Home Office
29th March 2006
Explanatory note
(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.