There are several legislations relevant to the administration of medication in the care home. Although not expected that care staffs have detailed knowledge of the legislations, they do need to be aware of the legal difference between drugs and the legal framework that allows them to handle medicines on behalf of the service user. The Medicines Act 1968 being the umbrella and from this several amendments and legislations have been implemented. 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 NHS Scotland Pharmaceutical Service (Regulations) 1995
• The Social Work (Scotland) Act 1968 as amended by The Regulation of Care Act 2001
• The Children Act 1989
• The Children’s Act (Scotland) 1995
• The Data Protection Act 1998
• The Care Standards Act 2000
• The Regulation of Care (Scotland) Act 2001
• The Health and Social Care Act 2001
• Adults with Incapacity (Scotland) Act 2000
• Health and Safety at Work Act (1974)
• The Control of Substances Hazardous to health Regulations (1999-COSHH)
• Hazardous Waste Regulations (2005)
• Mental Capacity Act (2005)
• The Access to health records Act (1990)
In the care home, where I work all four of our clients do not self-administer. They have care plans and risk assessments in place making the staff team aware that they are unable to take control of their medication for one reason or another.
About 90% of the clients’ medication is supplied from Boots and is delivered in MDS. The liquids and PRN medication are delivered in original boxes and bottles. When we take delivery of the four weekly supply it usually comes in a zipped bag. The tag is checked in the presence of the