The Misuse of Drugs and the Misuse of Drugs (Supply to Addicts) (Amendment) Regulations 2005

• Citation: S.I. 2005/2864
• Sections: 14

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Misuse of Drugs and the Misuse of Drugs (Supply to Addicts) (Amendment) Regulations 2005 and shall come into force on 14th November 2005.

(2) In these Regulations “the 2001 Regulations ” means the Misuse of Drugs Regulations 2001 .

Section 2 Amendment of the Misuse of Drugs Regulations 2001

The 2001 Regulations shall be amended in accordance with regulations 3 to 13.

Section 3 Amendment of the Misuse of Drugs Regulations 2001

(1) For the definition of “extended formulary nurse prescriber” in regulation 2(1) (interpretation) substitute—

“extended formulary nurse prescriber” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997 , and such a person may only prescribe controlled drugs in accordance with regulation 6B;

(2) For the definition of “register” in regulation 2(1) substitute—

“register” means either a bound book, which does not include any form of loose leaf register or card index, or a computerised system which is in accordance with best practice guidance endorsed by the Secretary of State under section 2 of the National Health Service Act 1977 ;

Section 4 Amendment of the Misuse of Drugs Regulations 2001

In regulation 6A(1) (supply of articles for administering or preparing controlled drugs) after paragraph (e) insert—

(f) ascorbic acid

Section 5 Amendment of the Misuse of Drugs Regulations 2001

After regulation 6A there shall be inserted—

Authority for Extended Formulary Nurse Prescribers to prescribe

(6B) An extended formulary nurse prescriber may only prescribe—

(a) diamorphine, diazepam, lorazepam, midazolam, morphine or oxycodone for use in palliative care;

(b) buprenorphine or fentanyl for transdermal use in palliative care;

(c) diamorphine or morphine for pain relief in respect of suspected myocardial infarction or for relief of acute or severe pain after trauma including in either case post-operative pain relief;

(d) chlordiazepoxide hydrochloride or diazepam for treatment of initial or acute withdrawal symptoms caused by the withdrawal of alcohol from persons habituated to it;

(e) codeine phosphate, dihydrocodeine tartrate or co-phenotrope.

Section 6 Amendment of the Misuse of Drugs Regulations 2001

For regulation 7(4) and (5) (administration of drugs in Schedules 2, 3, 4 and 5) substitute—

(4) Notwithstanding the provisions of paragraph (3), an extended formulary nurse prescriber may administer to a patient, without the directions of a doctor or dentist, any controlled drug which she may prescribe under regulation 6B provided it is administered for a purpose for which it may be prescribed under that regulation.

(5) Notwithstanding the provisions of paragraph (3), any person may administer to a patient in accordance with the specific directions of an extended formulary nurse prescriber any controlled drug which the extended formulary nurse prescriber may prescribe under regulation 6B provided it is administered for a purpose for which it may be prescribed under that regulation.

Section 7 Amendment of the Misuse of Drugs Regulations 2001

For regulation 8(7) (production and supply of drugs in Schedules 2 and 5) substitute—

(7) Notwithstanding the provisions of section 4(1)(b) of the Act, an extended formulary nurse prescriber may, when acting in her capacity as such, supply or offer to supply—

(a) codeine phosphate, dihydrocodeine tartrate and co-phenotrope;

(b) diamorphine and morphine for pain relief in respect of suspected myocardial infarction or for relief of acute or severe pain after trauma including in either case post-operative pain relief;

(c) diamorphine, morphine and oxycodone for use in palliative care; and

(d) fentanyl for transdermal use in palliative care,

to any person who may lawfully have any of these drugs in his possession.

Section 8 Amendment of the Misuse of Drugs Regulations 2001

For regulation 9(7) (production and supply of drugs in Schedules 3 and 4) substitute—

(7) Notwithstanding the provisions of section 4(1)(b) of the Act, an extended formulary nurse prescriber may, when acting in her capacity as such, supply or offer to supply—

(a) diazepam, lorazepam and midazolam for use in palliative care;

(b) buprenorphine for transdermal use in palliative care; and

(c) chlordiazepoxide hydrochloride and diazepam for treatment of initial or acute withdrawal symptoms caused by the withdrawal of alcohol from persons habituated to it,

to any person who may lawfully have any of these drugs in his possession.

Section 9 Amendment of the Misuse of Drugs Regulations 2001

(1) For regulation 15(1)(a) (form of prescriptions) substitute—

(a) be written so as to be indelible, be dated and be signed by the person issuing it with his usual signature;

(2) Paragraphs (1)(b) and (2) of regulation 15 are revoked.

Section 10 Amendment of the Misuse of Drugs Regulations 2001

(1) For regulation 20(d) (requirements as to registers) substitute—

(d) every such entry and every correction of such an entry shall be made in ink or otherwise so as to be indelible or shall be in a computerised form in which every such entry is attributable and capable of being audited and which is in accordance with best practice guidance endorsed by the Secretary of State under section 2 of the National Health Service Act 1977;

(2) In regulation 20(g) after “relates” insert “and, where the register is in computerised form, be accessible from those premises”.

Section 11 Amendment of the Misuse of Drugs Regulations 2001

After regulation 24 (preservation of records relating to drugs in Schedules 3 and 5) insert—

Preservation of records: supplementary

(24A) For the purposes of regulations 23 and 24(6), “preserved” means kept in its original form, or copied and kept in a computerised form which is in accordance with best practice guidance endorsed by the Secretary of State under section 2 of the National Health Service Act 1977.

Section 12 Amendment of the Misuse of Drugs Regulations 2001

In Regulation 26 (furnishing of information with respect to controlled drugs) after paragraph (1) insert—

(1A) For the purposes of paragraph (1)(c), the Secretary of State or any person authorised in writing by the Secretary of State in that behalf may request that a register which is kept in computerised form be produced by sending a copy of it, in computerised or other form, to the appropriate person.

Section 13 Amendment of the Misuse of Drugs Regulations 2001

In Schedule 5, paragraph 2 is revoked.

Section 14 Amendment of the Misuse of Drugs (Supply to Addicts) Regulations 1997

For regulation 3(3)(a) of the Misuse of Drugs (Supply to Addicts) Regulations 1997 substitute—

(a) cocaine, its salts and any preparation or other product containing cocaine or its salts;