The Medicines (Sale or Supply) (Miscellaneous Amendments) Regulations 2006

• Citation: S.I. 2006/914
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Medicines (Sale or Supply) (Miscellaneous Amendments) Regulations 2006 and shall come into force on 1st May 2006.

(2) In these Regulations—

“the Sale or Supply Regulations ” means the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 ;

“the Marketing Authorisations Regulations ” means the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 ;

“the Child Safety Regulations ” means the Medicines (Child Safety) Regulations 2003 ; and

“the Traditional Herbal Medicinal Products Regulations ” means the Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005 .

Section 2 Amendment of the Sale or Supply Regulations

(1) The Sale or Supply Regulations shall be amended as follows.

(2) In regulation 1 (citation, commencement and interpretation), in paragraph (2)—

(a) after the definition of “additional supply optometrist” insert the following definition—

“community practitioner nurse prescriber” means a person—

who is a registered nurse or a registered midwife, and

against whose name is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances from the Nurse Prescribers' Formulary for Community Practitioners in the current edition of the British National Formulary;

(b) omit the definition of “district nurse/health visitor prescriber”;

(c) omit the definition of “Extended Formulary”;

(d) omit the definition of “extended formulary nurse prescriber”;

(e) omit the definition of “first level nurse”;

(f) in the definition of “health prescription”, for “a district nurse/health visitor prescriber or an extended formulary nurse prescriber” substitute “a community practitioner nurse prescriber, a nurse independent prescriber or a pharmacist independent prescriber”;

(g) after the definition of “independent medical agency” insert the following definition—

“nurse independent prescriber” means a person—

who is a registered nurse or a registered midwife, and

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

(h) after the definition of “parenteral administration” insert the following definition—

“pharmacist independent prescriber” means a person—

who is a pharmacist, and

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

(i) after the definition of “professional register” insert the following definitions—

“registered midwife” means a person registered in the Midwives' Part of the professional register;

“registered nurse” means a person registered in the Nurses' Part or Specialist Community Public Health Nurses' Part of the professional register;

(j) in the definition of “relevant register”, in paragraph (a), for “first level” substitute “registered”; and

(k) in the definition of “supplementary prescriber”—

(i) in paragraph (a), for “first level” substitute “registered”, and

(ii) after “a supplementary prescriber” insert “or, in the case of a nurse or midwife, as a nurse independent/supplementary prescriber”.

(3) In Schedule 2 (particulars in pharmacy records), in paragraph 1—

(a) for “a district nurse/health visitor prescriber or an extended formulary nurse prescriber” substitute “a community practitioner nurse prescriber, a nurse independent prescriber or a pharmacist independent prescriber”; and

(b) in sub-paragraph (c), for “district nurse/health visitor prescriber or extended formulary nurse prescriber” substitute “community practitioner nurse prescriber, nurse independent prescriber or pharmacist independent prescriber”.

Section 3 Amendment of the Marketing Authorisations Regulations

In regulation 1 of the Marketing Authorisations Regulations (citation, commencement and interpretation), in paragraph (2)—

(a) omit the definition of “first level nurse”;

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

“registered nurse” means a person registered in the Nurses' Part or Specialist Community Public Health Nurses' Part of the professional register;

(c) in the definition of “relevant register”, in paragraph (a), for “first level” substitute “registered”; and

(d) in the definition of “supplementary prescriber”—

(i) in paragraph (a), for “first level” substitute “registered”, and

(ii) after “a supplementary prescriber” insert “or, in the case of a nurse or midwife, as a nurse independent/supplementary prescriber”.

Section 4 Amendment of the Child Safety Regulations

(1) The Child Safety Regulations shall be amended as follows.

(2) In regulation 1 (citation, commencement and interpretation), in paragraph (2)—

(a) omit the definition of “first level nurse”;

(b) in the definition of “nurse prescriber”—

(i) in paragraph (a), for “first level” substitute “registered”, and

(ii) in paragraph (b), after “appliances” insert “as a community practitioner nurse prescriber, a nurse independent prescriber or a nurse independent/supplementary prescriber”;

(c) after the definition of “nurse prescriber” insert the following definition—

“pharmacist independent prescriber” means a person—

who is a pharmacist, and

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

(d) after the definition of “professional register” insert the following definitions—

“registered midwife” means a person registered in the Midwives' Part of the professional register;

“registered nurse” means a person registered in the Nurses' Part or Specialist Community Public Health Nurses' Part of the professional register;

(e) in the definition of “relevant register”, in paragraph (a), for “first level” substitute “registered”; and

(f) in the definition of “supplementary prescriber”—

(i) in paragraph (a), for “first level” substitute “registered”, and

(ii) after “a supplementary prescriber” insert “or, in the case of a nurse or midwife, as a nurse independent/supplementary prescriber”.

(3) In regulation 3 (exemptions from regulation 2), in paragraph (1), in sub-paragraph (a), after “supplementary prescriber” insert “, pharmacist independent prescriber”.

Section 5 Amendment of the Traditional Herbal Medicinal Products Regulations

In Schedule 1 to the Traditional Herbal Medicinal Products Regulations (exemptions and exceptions from the provisions of regulation 4), in paragraph 1 (interpretation)—

(a) omit the definition of “first level nurse”;

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

“registered nurse” means a person registered in the Nurses' Part or Specialist Community Public Health Nurses' Part of the professional register;

(c) in the definition of “relevant register”, in paragraph (a), for “first level” substitute “registered”; and

(d) in the definition of “supplementary prescriber”—

(i) in paragraph (a), for “first level” substitute “registered”, and

(ii) after “as a supplementary prescriber” insert “or, in the case of a nurse or midwife, as a nurse independent/supplementary prescriber”.