The Misuse of Drugs (England and Wales and Scotland) (Amendment) (No. 2) Regulations 2023
| Jurisdiction | UK Non-devolved |
| Year | 2023 |
| Citation | SI 2023/1345 |
2023 No. 1345
Dangerous Drugs
The Misuse of Drugs (England and Wales and Scotland) (Amendment) (No. 2) Regulations 2023
Made 5th December 2023
Laid before Parliament 8th December 2023
Coming into force 31th December 2023
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 7(1)(b), 10(1), 22(1)(a) and 31(1)(a) of the Misuse of Drugs Act 19711.
In accordance with section 31(3) of that Act the Secretary of State has consulted with the Advisory Council on the Misuse of Drugs.
Citation, commencement, interpretation and extent
1.—(1) These Regulations may be cited as the Misuse of Drugs (England and Wales and Scotland) (Amendment) (No. 2) Regulations 2023.
(2) These Regulations come into force on 31st December 2023.
(3) In these Regulations “the 2001 Regulations” means the Misuse of Drugs Regulations 20012.
(4) These Regulations extend to England and Wales and Scotland.
Amendment of the 2001 Regulations
2. The 2001 Regulations are amended in accordance with regulations 3 to 11.
Amendment of regulation 2
3. In regulation 2(1) (interpretation)—
(a) in the definition of “health prescription”3, after “a pharmacist independent prescriber” insert “, a podiatrist independent prescriber, a physiotherapist independent prescriber, a paramedic independent prescriber, a therapeutic radiographer independent prescriber”;
(b) after the definition of “organisation providing ambulance services”4insert—
“
“paramedic independent prescriber” has the same meaning as in the Human Medicines Regulations 2012;
”;
(c) in the definition of “prescription”6after “by a pharmacist independent prescriber for the medical treatment of a single individual,” insert “a podiatrist independent prescriber for the medical treatment of a single individual, a physiotherapist independent prescriber for the medical treatment of a single individual, a paramedic independent prescriber for the medical treatment of a single individual, a therapeutic radiographer independent prescriber for the medical treatment of a single individual,”;
(d) after the definition of “pharmacist independent prescriber”7insert—
“
“physiotherapist independent prescriber” has the same meaning as in the Human Medicines Regulations 2012;
“podiatrist independent prescriber” has the same meaning as in the Human Medicines Regulations 2012”8;
”;
(e) in the definition of “registered chiropodist”, at the end insert “(but see regulation 8(8A) of these Regulations)”;
(f) after the definition of “registered physiotherapist”9, insert—
“
“registered podiatrist” has the same meaning as in the Human Medicines Regulations 2012 (but see regulation 8(8A) of these Regulations);
”;
(g) after the definition of “supplementary prescriber”11insert—
“
“therapeutic radiographer independent prescriber” has the same meaning as in the Human Medicines Regulations 2012;
Amendment of regulation 6
4. In regulation 6 (general authority to supply and possess)—
(a) in paragraph (2)13after “a supplementary prescriber” insert “, a paramedic independent prescriber, a therapeutic radiographer independent prescriber”.
(b) after paragraph (2) insert—
“
2A Notwithstanding the provisions of section 4(1)(b) of the Act, a person who is in possession of a drug specified in Schedule 5 and who has been supplied that drug by a registered chiropodist or registered podiatrist, may supply that drug to any doctor, dentist or pharmacist for the purpose of destruction.
Insertion of regulation 6D
5. After regulation 6C (authority for physiotherapist independent prescribers and chiropodist independent prescribers to prescribe)14insert—
“
Authority for therapeutic radiographer independent prescribers and paramedic independent prescribers to prescribe
6D.—(1) A therapeutic radiographer independent prescriber may prescribe any of the following controlled drugs for the treatment of organic disease or injury provided that the controlled drug is prescribed to be administered by the specified method—
(a)
(a) Tramadol by oral administration;
(b)
(b) Lorazepam by oral administration;
(c)
(c) Diazepam by oral administration;
(d)
(d) Morphine by oral administration or by injection;
(e)
(e) Oxycodone by oral administration;
(f)
(f) Codeine by oral administration.
(2) A paramedic independent prescriber may prescribe any of the following controlled drugs for the treatment of organic disease or injury provided the controlled drug is prescribed to be administered by the specified method—
(a)
(a) Morphine sulphate by oral administration or by injection;
(b)
(b) Diazepam by oral administration or by injection;
(c)
(c) Midazolam by oromucosal administration or by injection;
(d)
(d) Lorazepam by injection;
(e)
(e) Codeine phosphate by oral administration.
Amendment of regulation 7
6. In regulation 7 (administration of drugs in Schedules 2,3,4 and 5)15, at the end insert—
“
10 Notwithstanding the provisions of paragraph (3), a paramedic independent prescriber or a therapeutic radiographer independent prescriber may administer to a patient without the directions of a doctor or a dentist, any controlled drug which such paramedic independent prescriber or such therapeutic radiographer independent prescriber may prescribe under regulation 6D provided it is administered for a purpose for which it may be prescribed under that regulation and by the method by which it was prescribed to be administered.
11 Notwithstanding the provisions of paragraph (3), any person may administer to a patient in accordance with the specific instructions of a paramedic independent prescriber or a therapeutic radiographer independent prescriber, any controlled drug which such paramedic independent prescriber or such therapeutic radiographer independent prescriber may prescribe under regulation 6D, provided it is administered for a purpose for which it may be prescribed under that regulation and by the method by which it was prescribed to be administered.
Amendment of regulation 8
7. In regulation 8 (production and supply of drugs in Schedules 2 and 5)16—
(a) in paragraph (1)(d) after “pharmacist independent prescriber,” insert “paramedic independent prescriber, therapeutic...
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