Tim O'Malley (Limerick East, Progressive Democrats)

I wish to respond to the issues raised by Deputy Twomey about the practice of pharmacy. The Department of Health and Children has examined carefully the issue of prescribing. I assume he is referring to other professions, such as nursing. It is considered that apart from in the cases of nurses and existing prescribers, the necessary regulatory regime, with adequate fitness to practice provisions, is not in place at present to permit the extension of prescribing to registered pharmacists for controlled drugs or other drugs and medicines. The Department is drafting legislation to provide for updated fitness to practice provisions in this area. Given the importance of pharmacists in the protection of public health, any developments in this area need to be considered carefully. The Government has accepted the pharmacy review group's recommendation that no beneficial ownership or business interest of any kind should be shared by those dispensing and prescribing. The proposed amendment would contradict this.

I do not recall whether Deputy Twomey spoke on Committee Stage about the ownership of pharmacies, which is an issue of major concern to doctors and pharmacists. Many people are unhappy about some unfortunate things which are taking place in the marketplace. I am aware that the Department is considering this ethical issue. The ownership of pharmacies was not a matter of such concern in the past when there was a clear demarcation between the medical and pharmaceutical professions. That demarcation now appears to be blurred in some instances. This entire area needs to be examined carefully. The new Bill is necessary for that reason. The Department needs to consider this matter closely.

Regulations which were introduced last year under the Irish Medicines Board Act 1995 have provided the necessary authority for the various grades of paramedics to obtain and administer the various categories of medicinal products in accordance with clinical practice guidelines or on the instructions of a registered medical practitioner. If such personnel are to be in a position to administer any controlled drug, they need to have appropriate authority under the Misuse of Drugs Acts to possess such drugs lawfully. It is intended to grant group authority to such personnel under section 14 of the Misuse of Drugs Act 1977 to allow for this. Therefore, the amendment proposed by Deputy Twomey in respect of such drugs is unnecessary.

It is considered too early to introduce such authority in the case of medical personnel other than emergency medical technicians. It is important that appropriate structures and controls are put in place for each of the relevant health or social care professions before authority can be given in respect of the issue of prescriptions, especially where controlled drugs are concerned. I am aware that the President recently signed into law the Health and Social Care Professionals Act 2005 which provides for the registration of fitness to practice structures for certain health and social care professionals. As such structures are not yet in place, however, it would be premature to consider giving prescribing authority to those health care professions at this stage.

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