1.1 The following is a list of legislation that has a direct impact upon the handling of medication within a social care setting. * The Medicines Act 1968 * The Misuse of Drugs Act 1971 * The Misuse of Drugs (Safe Custody) regulations 1973 SI 1973 No 798 as amended by Misuse of Drugs Regulations 2001 * The safer management of controlled drugs (2006) * The Children Act 1989 * The Data Protection Act 1998 * The Care Standards Act 2000 * The Health and Social Care Act 2001 * The Health Act 2000 * Health and Safety at Work Act (1974) * The Control of Substances Hazardous to Health Regulations (COSHH) * Hazardous Waste Regulations (2005) * Mental Capacity Act (2005) * The Access to health records Act (1990)
Below are the main points of some of the legislations;
The Medicines Act 1968
This governs the manufacture and supply of medicines. This requires that the local pharmacist or dispensing doctor is responsible for supplying medication. He or she can only do this on the receipt of a prescription from an authorised person e.g. a doctor. According to the law (The Medicines Act 1968) medicines can be given by a third party, e.g. a suitably trained care worker, to the person that they were intended for when this is strictly in accordance with the directions that the prescriber has given.
The Misuse of Drugs Act 1971 and Amendments 1985, 2001
This controls dangerous or otherwise harmful drugs designated as Controlled drugs. (CD) The main purpose of this act is to prevent the misuse of controlled drugs. Some CD’s are prescribed drugs used to treat severe pain. Some people abuse them by taking them when there is no clinical reason. The purpose of the legislation impacts on care homes by requiring special arrangements for storage, administration, records and disposal.
The misuse of drugs (Safe custody) Amendment Regulation 2007
This specifies how