Explanatory note

These Regulations amend the Misuse of Drugs Regulations (Northern Ireland) 2002 (the “2002 Regulations”).

The 2002 Regulations are amended by including within the definition of “health prescription” contained in regulation 2(2), physiotherapist independent prescriber and podiatrist independent prescriber as persons who may issue such a prescription. They also insert definitions of “juvenile justice centre”, “nursing home”, “organisation providing ambulance services”, “physiotherapist independent prescriber”, “podiatrist independent prescriber” and “prison” in regulation 2(2).

Regulations 6 and 7 are amended to give limited prescribing powers for certain controlled drugs to physiotherapist independent prescribers and podiatrist independent prescribers. Regulation 6 is also amended to allow the emergency supply (or offer to supply) of phenobarbital or phenobarbital sodium by a person lawfully conducting a retail pharmacy business, subject to certain conditions. The expression “extended formulary nurse prescriber” is replaced with “nurse independent prescriber”.

Regulation 8 is amended by including within paragraph (2), in relation to the supply or offer to supply any drug specified in Schedule 2 or 5 to the 2002 Regulations in certain circumstances, a person who is in charge, or is acting person in charge, of an organisation providing ambulance services, and by substituting a new paragraph (2)(e) which includes reference to the supply of such a drug in a juvenile justice centre or prison by a senior registered nurse, acting senior registered nurse or registered midwife.

Regulation 9 is amended by including in paragraph (3), in relation to the supply or offer to supply any drug specified in Schedules 3 or 4 to the 2002 Regulations in certain circumstances, by a person who is in charge, or is acting person in charge, of an organisation providing ambulance services.

Regulation 14 is amended by specifying that the form of requisition to be obtained by a supplier of controlled drugs is to be in the form approved by the Department. A person who is in charge, or is acting person in charge, of an organisation providing ambulance services, and a person who holds a certificate of proficiency in ambulance paramedic skills are added to the list of recipients in regulation 14(4). The requisition required under regulation 14(6) applying when a controlled drug is supplied, in any hospital or nursing home, is widened to include an operating department practitioner and a registered midwife, and to include juvenile justice centres and prisons. A new paragraph (7)(d) is inserted into regulation 14 providing that nothing in that regulation shall have effect in relation to any drug which is required for use in a juvenile justice centre, prison or institution, which as its whole or main purpose provides palliative care, subject to the provisions of paragraph (6).

Paragraph 15(1)(d) is amended to require prescriptions issued by a veterinary surgeon or veterinary practitioner to include the registration number of the person issuing it.

Regulation 19(3) is amended to include a registered midwife in the range of persons to whom the record-keeping requirements contained in regulation 19 shall not have effect, and to include juvenile justice centres and prisons within this exemption.

Regulations 24 and 26, in relation to the preservation of records relating to drugs in Schedules 3 and 5 and the furnishing of information with respect to controlled drugs respectively, are amended to refer to a person who is in charge, or is acting person in charge, of an organisation providing ambulance services.

Schedule 1 to the 2002 Regulations is amended to reduce the range of compounds captured by one of the definitions of synthetic cannabinoids to which the Schedule applies (the controlled drugs listed in Schedule 1 are subject to the tightest controls).

Paragraph 1(e) of Schedule 8 is amended by replacing “a registered chiropodist” with “a registered podiatrist”. The term “podiatrist” is synonymous and interchangeable with “chiropodist” and both are required to adhere to the same professional standards against which they are regulated.

Regulations 16 and 17 of these amending Regulations (Transitional provisions) state that the requirement to use a mandatory form for the requisitioning of Schedules 2 and 3 controlled drugs shall not apply to requisitions issued before the coming into operation of these Regulations and the requirement to include a Royal College of Veterinary Surgeons registration number on a veterinary prescription for Schedules 2 and 3 controlled drugs shall not apply to veterinary prescriptions issued prior to 15 November 2019.