The National Health Service (Miscellaneous Amendments Relating to Independent Prescribing) Regulations 2006

© Crown Copyright 2006

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The National Health Service (Miscellaneous Amendments Relating to Independent Prescribing) Regulations 2006, ISBN 0110743962. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

(a) for the definition of "independent nurse prescriber"[3] substitute the following definition—

" "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 signifying that he is qualified to order drugs, medicines and appliances as a community practitioner nurse prescriber, a nurse independent prescriber or a nurse independent/supplementary prescriber;";



(b) for the definition of "nurses and midwives' professional registers"[4] substitute the following definition—

" "Nursing and Midwifery Register" means the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001[5];";

(c) after the definition of "Patient Group Direction"[6] insert the following definition—

" "pharmacist independent prescriber" means a person—
(a) who is registered in the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954[7] or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976[8]; and

(b) against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a pharmacist independent prescriber;";



(d) in the definition of "prescriber"[9], after "a doctor," insert "a pharmacist independent prescriber,";

(e) for the definition of "repeatable prescriber"[10] substitute the following definition—

" "repeatable prescriber" has the same meaning as in the National Health Service (Pharmaceutical Services) Regulations 2005[11];"; and

(f) for the definition of "supplementary prescriber"[12] substitute the following definition—

" "supplementary prescriber" means a person—
(a) whose name is registered in—


(i) the Nursing and Midwifery Register,

(ii) the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954[13],

(iii) the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976[14],

(iv) the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001[15] relating to—


(aa) chiropodists and podiatrists,

(bb) physiotherapists, or

(cc) diagnostic or therapeutic radiographers, or



(v) the register of optometrists maintained by the General Optical Council in pursuance of section 7 of the Opticians Act 1989[16]; and



(b) against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs and appliances as a supplementary prescriber or, in the case of the Nursing and Midwifery Register, a nurse independent/supplementary prescriber;".

Amendment of the National Health Service (Pharmaceutical Services) Regulations 2005
     3. In the National Health Service (Pharmaceutical Services) Regulations 2005[17], in regulation 2(1)[18] (interpretation)—

(a) in the definition of "independent nurse prescriber", for sub-paragraph (b) substitute the following sub-paragraph—


" (b) against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a community practitioner nurse prescriber, a nurse independent prescriber or a nurse independent/supplementary prescriber;";



(b) after the definition of "pharmacist" insert the following definition—

" "pharmacist independent prescriber" means a person—
(a) who is registered in the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954 or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976; and

(b) against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a pharmacist independent prescriber;";



(c) in the definition of "prescriber", after "dentist," insert "pharmacist independent prescriber,";

(d) in the definition of "repeatable prescriber", before paragraph (a) insert the following paragraphs—



" (za) a pharmacist independent prescriber who—


(i) is included in a pharmaceutical list, and—


(aa) with whom a Primary Care Trust has made an arrangement for the provision of a directed service which is an Independent Prescribing Service, and

(bb) who is issuing or creating a repeatable prescription as part of that arrangement,



(ii) is employed or engaged by a person who is included in a pharmaceutical list, and—



(aa) a Primary Care Trust has made an arrangement with that person for the provision of a directed service which is an Independent Prescribing Service, and

(bb) the pharmacist independent prescriber is issuing or creating a repeatable prescription as part of that arrangement,



(iii) is a party to an LPS scheme or LPS arrangements, and—



(aa) with whom a Primary Care Trust has made an arrangement for the provision of an Independent Prescribing Service, and

(bb) who is issuing or creating a repeatable prescription as part of that arrangement, or



(iv) is employed or engaged by a party to an LPS scheme or LPS arrangements (other than a Primary Care Trust), and—



(aa) a Primary Care Trust has made an arrangement with that party for the provision of an Independent Prescribing Service, and

(bb) the pharmacist independent prescriber is issuing or creating a repeatable prescription as part of that arrangement;"; and



(e) for the definition of "supplementary prescriber" substitute the following definition—

" "supplementary prescriber" means a person—
(a) whose name is registered in—


(i) the Nursing and Midwifery Register,

(ii) the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954,

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

(iv) the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to—


(aa) chiropodists and podiatrists,

(bb) physiotherapists, or

(cc) diagnostic or therapeutic radiographers, or



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



(b) against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs and appliances as a supplementary prescriber or, in the case of the Nursing and Midwifery Register, a nurse independent/supplementary prescriber;".

Amendment of the National Health Service (Local Pharmaceutical Services etc.) Regulations 2006
     4. In the National Health Service (Local Pharmaceutical Services etc.) Regulations 2006[19], in regulation 2(1) (interpretation)—

(a) For the definition of "independent nurse prescriber" substitute the following definition—

" "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 signifying that he is qualified to order drugs, medicines and appliances as a community practitioner nurse prescriber, a nurse independent prescriber or a nurse independent/supplementary prescriber;"; and



(b) in paragraph (b) of the definition of "supplementary prescriber", after "supplementary prescriber" insert "or, in the case of the Nursing and Midwifery Register, a nurse independent/supplementary prescriber".

Signed by authority of the Secretary of State for Health


Jane Kennedy
Minister of State, Department of Health

23rd March 2006

[2] S.I. 2000/620.back

[3] This definition was inserted by S.I. 2003/699 and substituted by S.I. 2004/1771.back

[4] This definition was inserted by S.I. 2003/699 and amended by S.I. 2004/1771.back

[5] S.I. 2002/253.back

[6] This definition was inserted by S.I. 2000/3189.back

[7] 1954 c.61.back

[8] S.I. 1976/1213 (N.I. 22).back

[9] This definition was inserted by S.I. 2004/865.back

[10] This definition was inserted by S.I. 2004/865.back

[11] S.I. 2005/641.back

[12] This definition was as substituted by S.I. 2005/578 and amended by S.I. 2006/675.back

[13] 1954 c.61.back

[14] S.I. 1976/1213 (N.I. 22).back

[15] S.I. 2002/254; there are no relevant amending instruments.back

[16] 1989 (c.44).back

[17] S.I. 2005/641.back

[18] Amended by S.I. 2005/1051, 3315 and 3491.back

[19] S.I. 2006/552.back