Irish Medicines Board (Miscellaneous Provisions) Act 2006

Amendment of section 5 of Misuse of Drugs Act 1977 (regulations to prevent misuse of controlled drugs).

4.— Section 5 of the Misuse of Drugs Act 1977 is amended—

(a) in subsection (1), by substituting the following for paragraph (f):

“(f) subject to subsection (1A) of this section, regulating the issue by—

(i) registered medical practitioners, registered dentists or registered veterinary surgeons, or

(ii) registered nurses, or registered nurses belonging to a class of registered nurses,

of prescriptions for controlled drugs and the supply of controlled drugs on prescription,”,

(b) by inserting the following after subsection (1):

“(1A) The Minister shall only exercise the power to make regulations under subsection (1)(f) of this section in the case of registered nurses, or registered nurses belonging to a class of registered nurses, if the Minister, after having had regard to the nature and purpose of the controlled drug concerned (including any deleterious effects which may arise from the misuse thereof), is satisfied that it is reasonably safe to permit the issue by registered nurses, or registered nurses belonging to a class of registered nurses, of prescriptions for that drug.”,

(c) in subsection (2), in paragraph (a), by inserting “(other than a registered nurse)” after “practitioner”, and

(d) by inserting the following after subsection (2):

“(3) Subject to section 13 of this Act, the Minister may exercise the Minister's power to make regulations under this section so as to secure that it is not unlawful under this Act for a practitioner who is a registered nurse, or a practitioner who is a registered nurse belonging to a class of registered nurses, for the purpose of the practitioner's profession as a registered nurse, to prescribe, administer, manufacture, compound or supply a controlled drug if the Minister, after having had regard to the nature and purpose of the controlled drug (including any deleterious effects which may arise from the misuse thereof), is satisfied that it is reasonably safe to permit the practitioner, for the purpose of the practitioner's profession as a registered nurse, to prescribe, administer, manufacture, compound or supply that controlled drug.”.