The National Health Service (Miscellaneous Amendments Relating to Independent Prescribing) Regulations 2006

• Citation: S.I. 2006/913
• Sections: 4

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the National Health Service (Miscellaneous Amendments Relating to Independent Prescribing) Regulations 2006 and shall come into force on 1st May 2006.

(2) These Regulations apply in relation to England only.

Section 2 Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 2000

In the National Health Service (Charges for Drugs and Appliances) Regulations 2000 , in regulation 2(1) (interpretation)—

(a) for the definition of “independent nurse prescriber” substitute the following definition—

“independent nurse prescriber” means a person—

who is registered in the Nursing and Midwifery Register; and

against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a community practitioner nurse prescriber, a nurse independent prescriber or a nurse independent/supplementary prescriber;

(b) for the definition of “nurses and midwives' professional registers” substitute the following definition—

“Nursing and Midwifery Register” means the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001 ;

(c) after the definition of “Patient Group Direction” insert the following definition—

“pharmacist independent prescriber” means a person—

who is registered in the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954 or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976 ; and

against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a pharmacist independent prescriber;

(d) in the definition of “prescriber” , after “a doctor,” insert “a pharmacist independent prescriber,”;

(e) for the definition of “repeatable prescriber” substitute the following definition—

“repeatable prescriber” has the same meaning as in the National Health Service (Pharmaceutical Services) Regulations 2005 ;

(f) for the definition of “supplementary prescriber” substitute the following definition—

“supplementary prescriber” means a person—

whose name is registered in—

the Nursing and Midwifery Register,

the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954 ,

the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976 ,

the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to—

chiropodists and podiatrists,

physiotherapists, or

diagnostic or therapeutic radiographers, or

the register of optometrists maintained by the General Optical Council in pursuance of section 7 of the Opticians Act 1989 ; and

against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs and appliances as a supplementary prescriber or, in the case of the Nursing and Midwifery Register, a nurse independent/supplementary prescriber;

Section 3 Amendment of the National Health Service (Pharmaceutical Services) Regulations 2005

In the National Health Service (Pharmaceutical Services) Regulations 2005 , in regulation 2(1) (interpretation)—

(a) in the definition of “independent nurse prescriber”, for sub-paragraph (b) substitute the following sub-paragraph—

(b) against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a community practitioner nurse prescriber, a nurse independent prescriber or a nurse independent/supplementary prescriber;

(b) after the definition of “pharmacist” insert the following definition—

“pharmacist independent prescriber” means a person—

who is registered in the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954 or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976; and

against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a pharmacist independent prescriber;

(c) in the definition of “prescriber”, after “dentist,” insert “pharmacist independent prescriber,”;

(d) in the definition of “repeatable prescriber”, before paragraph (a) insert the following paragraphs—

(za) a pharmacist independent prescriber who—

(i) is included in a pharmaceutical list, and—

(aa) with whom a Primary Care Trust has made an arrangement for the provision of a directed service which is an Independent Prescribing Service, and

(bb) who is issuing or creating a repeatable prescription as part of that arrangement,

(ii) is employed or engaged by a person who is included in a pharmaceutical list, and—

(aa) a Primary Care Trust has made an arrangement with that person for the provision of a directed service which is an Independent Prescribing Service, and

(bb) the pharmacist independent prescriber is issuing or creating a repeatable prescription as part of that arrangement,

(iii) is a party to an LPS scheme or LPS arrangements, and—

(aa) with whom a Primary Care Trust has made an arrangement for the provision of an Independent Prescribing Service, and

(bb) who is issuing or creating a repeatable prescription as part of that arrangement, or

(iv) is employed or engaged by a party to an LPS scheme or LPS arrangements (other than a Primary Care Trust), and—

(aa) a Primary Care Trust has made an arrangement with that party for the provision of an Independent Prescribing Service, and

(bb) the pharmacist independent prescriber is issuing or creating a repeatable prescription as part of that arrangement;

(e) for the definition of “supplementary prescriber” substitute the following definition—

“supplementary prescriber” means a person—

whose name is registered in—

the Nursing and Midwifery Register,

the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954,

the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976,

the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to—

chiropodists and podiatrists,

physiotherapists, or

diagnostic or therapeutic radiographers, or

the register of optometrists maintained by the General Optical Council in pursuance of section 7 of the Opticians Act 1989; and

against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs and appliances as a supplementary prescriber or, in the case of the Nursing and Midwifery Register, a nurse independent/supplementary prescriber;

Section 4 Amendment of the National Health Service (Local Pharmaceutical Services etc. ) Regulations 2006

In the National Health Service (Local Pharmaceutical Services etc.) Regulations 2006 , in regulation 2(1) (interpretation)—

(a) For the definition of “independent nurse prescriber” substitute the following definition—

“independent nurse prescriber” means a person—

who is registered in the Nursing and Midwifery Register; and

against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a community practitioner nurse prescriber, a nurse independent prescriber or a nurse independent/supplementary prescriber;

(b) in paragraph (b) of the definition of “supplementary prescriber”, after “supplementary prescriber” insert “or, in the case of the Nursing and Midwifery Register, a nurse independent/supplementary prescriber”.