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PJ Online homeThe Pharmaceutical Journal
Vol 275 No 7361 p155
6 August 2005

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CD legislation changes put forward by Home Office

Amendments to the prescribing and auditing of Controlled Drugs, following recommendations from the Shipman Inquiry, are put forward in the Home Office’s consultation on changes to CD legislation, which opened last week (PDF 370K).

The Government proposes allowing pharmacists to amend prescriptions for CDs when there is a technical error but the intention of the prescriber is clear. The Department of Health is working with the Royal Pharmaceutical Society to define the types of error that would count as “technical errors”, but these are likely to include errors such as impossible dates and disagreements between the amount ordered and the quoted dose. This is one of a series of amendments to the Misuse of Drugs Regulations 2001, under the Misuse of Drugs Act 1971, being proposed.

The changes will apply to England, Scotland and Wales and begin the programme of action the Government set out in its response to the Fourth Report of the Shipman Inquiry (PJ, 24 July 2004, p103, and PJ, 18/25 December, 2004, p874).

Lynsey Balmer, head of professional ethics at the Society, said: “There are a number of areas in the consultation which will affect pharmacists. For instance, the consultation outlines proposals to reduce the timescale within which prescriptions for Controlled Drugs can be dispensed from 91 days to 28 days, to standardise private prescription forms for CDs, to record prescriber and dispenser details on CD registers and to enable pharmacists to amend technical errors on prescriptions. In the long term there is a proposal that the schedules of CDs could be simplified, which the Society will advise on.”

Changes to the audit trail

Suggested improvements to the audit trail for CDs include the use of standard forms for requisitions of CDs, which would be sent to the Prescription Pricing Authority, and the amendment of regulations for CD registers so that it is clear that CD registers may include a running balance of stock. Once electronic CD registers are in common use, the Government intends to make such running balances mandatory.

The consultation puts forward a number of changes to the audit trail (see Panel). It also proposes making it possible to link information relating to all prescribing by a single prescriber and all prescriptions for a single patient, by having a unique identification number for each prescriber and including patients’ NHS numbers on CD prescriptions. A requirement to ask for some personal identification for anyone collecting CDs is also proposed, although pharmacists would have discretion to supply to patients or their representatives where no ID is presented.

The Society is preparing a formal response to the consultation, but Ms Balmer said it supports the proposals for measures to strengthen safeguards.

“However,” she added, “strengthened controls must be balanced with the need to ensure that patients can access the CDs necessary for their clinical care.”

The consultation closes on 21 October. Responses can be submited by e-mail to regulationchangepostshipman@homeoffice

gso.gov.uk or sent to Chris Edwards, Drugs Legislation and Enforcement Unit, Home Office, Floor 6, Peel Building, 2 Marsham Street, London SW1P 4GF.

A number of the proposals in the consultation also relate to legislation set out in the Medicines Act 1968. This is the responsibility of the Medicines and Healthcare products Regulatory Agency, which will separately consult on these proposals.

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