Medicines administration legal framework

Norma Barrow made this Freedom of Information request to South Western Ambulance Service NHS Foundation Trust

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Dear South Western Ambulance Service NHS Foundation Trust,

I am looking for information with regards to the legal frameworks relied upon in your service to carry, dispense and administer POMs.
In a CQC report "British Red Cross Society, British Red Cross, Birmingham" Date of inspection visit: 26 March and 5 June 2019, Date of publication: 25/10/2019 the CQC stated that. --" non-healthcare professionals carried prescription only medication, including salbutamol inhalers, salbutamol nebulisers and glycerol trinitrate (GTN) spray” and “The Human Medicines Regulations 2012 state that prescription only medication (POM) can be administered by any person providing that medication has been specifically prescribed for the individual."

1. Do your non-prescriber staff routinely carry, dispense and administer POMs.

2. For each administration of a POM by your non-prescriber staff has that medication has been specifically prescribed for the individual.

3. Has the CQC previously raised the issue of POM medication being administered having not been “specifically prescribed for the individual” to you in any previous inspection?

a. Can you provide any details of this, time frame, report title, response etc.

4. Do you have non-healthcare professionals whom respond on behalf of your service whom carry, dispense and administer POMs?

a. Can you clarify what medication these non-healthcare professionals carry?
b. Can you confirm the legal framework replied upon for these medicines to be administered (by medication name, class, GSL, P, POM and form parenteral / non- parenteral)?

Yours faithfully,

Norma Barrow

Information Governance, South Western Ambulance Service NHS Foundation Trust

2 Attachments

Dear Norma

 

Thank you for your Freedom of Information Request.

 

We will deal with this request in accordance with your right of access to
information we hold under the Freedom of Information Act and I attach a
leaflet containing further information about both your rights and our
obligations under this legislation.

 

If you have any questions please do not hesitate to email us at
[1][South Western Ambulance Service NHS Foundation Trust request email]

 

Kind regards,

Clare Lunk | Assistant Information Governance Manager
South Western Ambulance Service NHS Foundation Trust

 

Web [2]www.swast.nhs.uk | E-Mail [email address]

Trust Headquarters, Abbey Court, Eagle Way, Exeter, EX2 7HY, TrustHQ

References

Visible links
1. mailto:[South Western Ambulance Service NHS Foundation Trust request email]
2. http://www.swast.nhs.uk/

Information Governance, South Western Ambulance Service NHS Foundation Trust

2 Attachments

Dear Norma

 

A PDF copy of our response is also attached – we are aware of a formatting
issue on the WDTK website which may affect the legibility of the tabled
response below.

 

I refer to our acknowledgement on 4/3/21 in respect of your request for
information under the provisions of the Freedom of Information Act.  We
are able to provide the following information:

 

Information requested Trust response
I am looking for information with Paramedics are mostly not
regards to the legal frameworks prescribers, but have specific
relied upon in your service to exemptions under Schedule 17 of the
carry, dispense and administer POMs. Human Medicines Regulations 2012.
Paramedics will administer
In a CQC report "British Red Cross medications under the schedule 17
Society, British Red Cross, exemption, and under a range of PGDs
Birmingham" Date of inspection which may also include supply.
visit: 26 March and 5 June 2019,
Date of publication: 25/10/2019 the  
CQC stated that. --" non-healthcare
professionals carried prescription Ambulance Technicians will administer
only medication, including Salbutamol via a nebuliser, as
salbutamol inhalers, salbutamol permissible as a non-parental
nebulisers and glycerol trinitrate medicine. 
(GTN) spray” and “The Human
Medicines Regulations 2012 state  
that prescription only medication
(POM) can be administered by any We note that GTN spray is under the P
person providing that medication has medicines category.
been specifically prescribed for the
individual."

 

1.            Do your non-prescriber
staff routinely carry, dispense and
administer POMs.

 
2.            For each No. A prescription is not required
administration of a POM by your for the medicines administered as
non-prescriber staff has that they are covered by either the
medication has been specifically schedule 17 exemption, schedule 19
prescribed for the individual. exemption, or a PGD.

 
3.            Has the CQC previously The CQC has not previously raised
raised the issue of POM medication this is any previous SWAST
being administered having not been inspection.
“specifically prescribed for the
individual” to you in any previous  
inspection?
 
 
 
a.            Can you provide any
details of this, time frame, report N/A
title, response etc.

 
4.            Do you have We have trained healthcare staff
non-healthcare professionals whom (but who are not on a professional
respond on behalf of your service register) who may administer
whom carry, dispense and administer Salbutamol nebules.
POMs?
 
 
They do not dispense, just administer
a.            Can you clarify what Salbutamol via inhalation.
medication these non-healthcare
professionals carry?  

b.            Can you confirm the Trained staff who are not on a
legal framework replied upon for professional register (who therefore
these medicines to be administered are unable to use a PGD as they do
(by medication name, class, GSL, P, not belong to one of the professional
POM and form parenteral / non- groups named in the legislation (HMR
parenteral)? 2012, Schedule 16) as able to work
within a PGD), can dminister provided
  that they were trained and had a
protocol for administration. The
legislation cited was HMR 2012,
Chapter 2, Sale and Supply of
medicines, Prescription only
medicines, Regulation 214 (2):

 

‘214.—(1)   A person may not sell or
supply a prescription only medicine
except in accordance with a
prescription given by an appropriate
practitioner.

 (2)   A person may not parenterally
administer (otherwise than to himself
or herself) a prescription only
medicine unless the person is—‘

 

The legislation is specific about
parenteral administration but not
non-parenteral administration. It is
important to appreciate that
administration and supply are also
treated differently in legislation,
recognising the relative risks of a
repeated dose vs a single
administered dose. 

 

Please note that, under the Re-use of Public Sector Information
Regulations, if you wish to publish or otherwise use this information
besides for your own means, you will need to seek our permission to do so.

 

Please feel free to contact me if you require further clarification of the
information provided, or to discuss any aspect of the way in which we have
responded to your request. 

However, if you are dissatisfied with our response, you also have the
right to make use of the following complaints procedures:

 

In the first instance you may write to the Chief Executive of this Trust

 

Mr William Warrender

South Western Ambulance Service NHS Foundation Trust

Abbey Court

Eagle Way

Exeter  EX2 7HY

 

Mr Warrender will then either make arrangements for your complaint to be
reviewed and for the outcome to be communicated to you, or will convene a
panel of Trust Directors to consider an appeal against a decision to
withhold information.

 

If you are unhappy with the response to your complaint, or findings of the
Panel, you can contact the Information Commissioner at:

 

Information Commissioner’s Office,

Wycliffe House,

Water Lane,                                 

Wilmslow,

Cheshire.  SK9 5AF

 

Tel: 01625 545 700

Fax: 01625 524 510

 

Kind regards

 

Clare Lunk | Assistant Information Governance Manager

South Western Ambulance Service NHS Foundation Trust

[1]cid:[email address]

Web [2]www.swast.nhs.uk

E-Mail [3][email address]

Abbey Court, Eagle Way, Exeter EX2 7HY

 

References

Visible links
2. http://www.swast.nhs.uk/
3. mailto:[email address]