The National Health Service (Miscellaneous Amendments Relating to Independent Prescribing) (Wales) Regulations 2010

Welsh Statutory Instruments

2010 No. 1647 (W.155)

NATIONAL HEALTH SERVICE, WALES

The National Health Service (Miscellaneous Amendments Relating to Independent Prescribing) (Wales) Regulations 2010

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:

Title, commencement and application E+W

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

I1 Reg. 1 in force at 19.7.2010, see reg. 1(1)

Amendment of the National Health Service (Pharmaceutical Services) Regulations 1992 E+W

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 —

  (a)

  who is registered in the Nursing and Midwifery Register, and

  (b)

  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 —

  (a)

  who is registered in the Nursing and Midwifery Register, and

  (b)

  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:

  (i)

  a nurse independent prescriber, or

  (ii)

  a nurse independent/ supplementary prescriber, and

  (c)

  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 —

  (a)

  whose name is registered in —

  (i)

  the Nursing and Midwifery Register,

  (ii)

  Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007(3),

  (iii)

  the register maintained in pursuance of articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976(4),

  (iv)

  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—

  (aa)

  chiropodists and podiatrists;

  (bb)

  physiotherapists; or

  (cc)

  radiographers: diagnostic or therapeutic, or

  (v)

  the register of optometrists maintained by the General Optical Council in pursuance of section 7 of the Opticians Act 1989(6); and

  (b)

  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

I2 Reg. 2 in force at 19.7.2010, see reg. 1(1)

Amendment of the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 E+W

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 —

  (a)

  who is either engaged or employed by the contractor or is a party to the contract,

  (b)

  who is registered in the Nursing and Midwifery Register, and

  (c)

  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 —

  (a)

  who is either engaged or employed by the contractor or is a party to the contract,

  (b)

  whose name is registered in the Nursing and Midwifery Register, and

  (c)

  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—

  (i)

  a nurse independent prescriber, or

  (ii)

  a nurse independent/ supplementary prescriber, and

  (d)

  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

I3 Reg. 3 in force at 19.7.2010, see reg. 1(1)

Amendment of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007 E+W

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 —

  (a)

  who is registered in the Nursing and Midwifery Register, and

  (b)

  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 —

  (a)

  whose name is registered in the Nursing and Midwifery Register, and

  (b)

  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—

  (i)

  a nurse independent prescriber, or

  (ii)

  a nurse independent/ supplementary prescriber, and

  (c)

  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

I4 Reg. 4 in force at 19.7.2010, see reg. 1(1)

Saving E+W

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

I5 Reg. 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

Explanatory Note

(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; and E+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”).

(1)

2006 c. 42.

(2)

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.

(3)

S.I. 2007/289.

(4)

S.I. 1976/1213 (N.I. 22).

(5)

S.I. 2002/254.

(6)

1989 c 44.

(7)

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.

(8)

S.I. 2007/121 (W.11).

(9)

S.I. 1997/1830.