- Y Diweddaraf sydd Ar Gael (Diwygiedig) - Saesneg
- Y Diweddaraf sydd Ar Gael (Diwygiedig) - Cymraeg
- Gwreiddiol (Fel y'i Gwnaed) - Saesneg
- Gwreiddiol (Fel y'i Gwnaed) - Cymraeg
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The National Health Service (Miscellaneous Amendments Relating to Independent Prescribing) (Wales) Regulations 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Welsh Statutory Instruments
NATIONAL HEALTH SERVICE, WALES
Made
21 June 2010
Laid before the National Assembly for Wales
23 June 2010
Coming into force
19 July 2010
The Welsh Ministers, in exercise of the powers conferred by sections 47, 80, 83, 86, 121 and 203(9) and (10) of the National Health Service (Wales) Act 2006(1) make the following Regulations:
1.—(1) The title of these Regulations is the National Health Service (Miscellaneous Amendments Relating to Independent Prescribing) (Wales) Regulations 2010 and they come into force on 19 July 2010.
(2) These Regulations apply in relation to Wales.
Commencement Information
I1Reg. 1 in force at 19.7.2010, see reg. 1(1)
2.—(1) The National Health Service (Pharmaceutical Services) Regulations 1992(2) are amended in accordance with the following provisions of this regulation.
(2) In regulation 2(1) (interpretation) —
(a)for the definition of “independent nurse prescriber” substitute —
““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 or entry signifying that he or she is qualified to order drugs, medicines and appliances as a community practitioner nurse prescriber;”;
(b)for the definition of “nurse independent prescriber” substitute —
““nurse independent prescriber” means a person —
who is registered in the Nursing and Midwifery Register, and
against whose name in that register is recorded an annotation or entry signifying that he or she is qualified to order drugs, medicines and appliances as:
a nurse independent prescriber, or
a nurse independent/ supplementary prescriber, and
who, in respect of a person practising in Wales on or after 19 July 2010, has passed an accredited course to practise as a nurse independent prescriber;”; and
(c)for the definition of “supplementary prescriber” substitute —
““supplementary prescriber” means a person —
whose name is registered in —
the Nursing and Midwifery Register,
Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007(3),
the register maintained in pursuance of articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976(4),
the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001(5) relating to—
chiropodists and podiatrists;
physiotherapists; or
radiographers: diagnostic or therapeutic, or
the register of optometrists maintained by the General Optical Council in pursuance of section 7 of the Opticians Act 1989(6); and
against whose name in the relevant register is recorded an annotation or entry signifying that he or she is qualified to order drugs, medicines and appliances as a supplementary prescriber save, in the case of the Nursing and Midwifery Register, where the annotation or entry signifies qualification as a nurse independent/supplementary prescriber;”.
(3) After regulation 2(1C), insert the following paragraph —
“(1D) Where the term “community practitioner nurse prescriber” appears in the POM Order or the Nursing and Midwifery Register it is to be construed for the purposes of these Regulations as a reference to an “independent nurse prescriber.”.
Commencement Information
I2Reg. 2 in force at 19.7.2010, see reg. 1(1)
3.—(1) The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004(7) are amended in accordance with the following provisions of this regulation.
(2) In regulation 2(1) (interpretation) —
(a)for the definition of “independent nurse prescriber” substitute —
““independent nurse prescriber” means a person —
who is either engaged or employed by the contractor or is a party to the contract,
who is registered in the Nursing and Midwifery Register, and
against whose name in that register is recorded an annotation or entry signifying that he or she is qualified to order drugs, medicines and appliances as a community practitioner nurse prescriber;”;
(b)for the definition of “nurse independent prescriber” substitute —
““nurse independent prescriber” means a person —
who is either engaged or employed by the contractor or is a party to the contract,
whose name is registered in the Nursing and Midwifery Register, and
against whose name in that register is recorded an annotation or entry signifying that he or she is qualified to order drugs, medicines and appliances as—
a nurse independent prescriber, or
a nurse independent/ supplementary prescriber, and
who, in respect of a person practising in Wales on or after 19 July 2010, has passed an accredited course to practise as a nurse independent prescriber;”; and
(c)in the definition of “supplementary prescriber”, in paragraph (c), after the words “as a supplementary prescriber” add “, save in the case of the Nursing and Midwifery Register, where the annotation signifies qualification as a nurse independent/supplementary prescriber”.
(3) After regulation 2(2) add the following paragraph—
“(3) Where the term “community practitioner nurse prescriber” appears in the POM Order or the Nursing and Midwifery Register it is to be construed for the purposes of these Regulations as a reference to an “independent nurse prescriber”.”.
(4) In paragraph 49(3) of Schedule 6 omit the words “whose name is registered” to the end.
(5) In paragraph 49(4) of Schedule 6 omit the words from “whose name is registered” to “as a supplementary prescriber” in both places where they appear.
Commencement Information
I3Reg. 3 in force at 19.7.2010, see reg. 1(1)
4.—(1) The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007(8) are amended in accordance with the following provisions of this regulation.
(2) In regulation 2(1) (interpretation) —
(a)for the definition of “independent nurse prescriber” (“nyrs sy'n rhagnodi'n annibynnol”), substitute —
““independent nurse prescriber” (“nyrs sy'n rhagnodi'n annibynnol”) means a person —
who is registered in the Nursing and Midwifery Register, and
against whose name in that register is recorded an annotation or entry signifying that he or she is qualified to order drugs, medicines and appliances as a community practitioner nurse prescriber;”;
(b)for the definition of “nurse independent prescriber” (“nyrs-ragnodydd annibynnol”) substitute the following —
““nurse independent prescriber” (“nyrs-ragnodydd annibynnol”) means a person —
whose name is registered in the Nursing and Midwifery Register, and
against whose name in that register is recorded an annotation or entry signifying that he or she is qualified to order drugs, medicines and appliances as—
a nurse independent prescriber, or
a nurse independent/ supplementary prescriber, and
who, in respect of a person practising in Wales on or after 19 July 2010, has passed an accredited course to practise as a nurse independent prescriber;”;
(c)in the definition of “relevant register” (“cofrestr berthnasol”), for paragraph (b) substitute the following —
“(b)in relation to a pharmacist, Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007 or the register maintained in pursuance of articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976;”;
(d)in the definition of “supplementary prescriber” (“rhagnodydd atodol”) —
(i)for paragraph (a)(ii), substitute the following—
“Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007;” and
(ii)in paragraph (b) after the words “as a supplementary prescriber”, add the words “, save in the case of the Nursing and Midwifery Register, where the annotation or entry signifies qualification as a nurse independent/supplementary prescriber;”; and
(e)in the appropriate place insert the following definition —
““the POM Order” (“y Gorchymyn MBU”) means the Prescription Only Medicines (Human Use) Order 1997(9);”.
(3) After paragraph (2) of regulation 2, insert the following paragraph —
“(2A) Where the term “community practitioner nurse prescriber” appears in the POM Order or the Nursing and Midwifery Register it is to be construed for the purposes of these Regulations as a reference to an “independent nurse prescriber”.”.
Commencement Information
I4Reg. 4 in force at 19.7.2010, see reg. 1(1)
5. Any person who was qualified to practice in Wales as a nurse independent prescriber before the coming into force of these Regulations continues to be qualified to do so notwithstanding the substitution of the definition of nurse independent prescriber in –
(a)the National Health Service (Pharmaceutical Services) Regulations 1992 by regulation 2(2)(b);
(b)the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 by regulation 3(2)(b); and
(c)the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007 by regulation 4(2)(b).
Commencement Information
I5Reg. 5 in force at 19.7.2010, see reg. 1(1)
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
21 June 2010
(This note is not part of the Regulations)
These Regulations make amendments to the following Regulations:
1. The National Health Service (Pharmaceutical Services) Regulations 1992;E+W
2. The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004; andE+W
3. The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007,E+W
collectively referred to as “the relevant Regulations”.
The changes made in these Regulations clarify that for the purposes of the relevant Regulations where the term “independent nurse prescriber” (“nyrs sy'n rhagnodi'n annibynnol”) is used it is to be construed as a reference to the term “community practitioner nurse prescriber” (“nyrs-ymarferydd cymunedol sy'n rhagnodi”) as defined in the Prescription Only Medicines (Human Use) Order 1997 (“the POM Order”) and the Nursing and Midwifery Register (which is maintained in accordance with the Nursing and Midwifery Order 2001).
These Regulations make amendments within the relevant Regulations, to the definition of “nurse independent prescriber” (“nyrs-ragnodydd annibynnol”) and “supplementary prescriber” (“rhagnodydd atodol”).
These Regulations also update references within the relevant Regulations to the definition of the “relevant register” (“cofrestr berthnasol”).
S.I. 1992/662. Relevant amending instruments are S.I.2003/2624 (W.252), S.I. 2007/205 (W.19) and S.I. 2007/289.
S.I. 1976/1213 (N.I. 22).
S.I. 2004/478 (W.48). Relevant amending instruments are S.I. 2006/358 (W. 46) , S.I. 2007/205 (W.19) and S.I. 2007/289.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’. Dim ond yn Saesneg y mae’r fersiwn ddiwygiedig ar gael ar hyn o bryd.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed) - Saesneg: Mae'r wreiddiol Saesneg fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed)-Cymraeg:Y fersiwn Gymraeg wreiddiol o’r ddeddfwriaeth fel yr oedd yn sefyll pan gafodd ei deddfu neu ei gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys