Brian Lenihan Jnr (Dublin West, Fianna Fail)

Amendment No. 2 relates to the prescription of controlled drugs by registered pharmacists, while amendment No. 3 relates to prescription by paramedical staff. The Department has examined the issue of prescribing by other health care professionals. However, it is considered that apart from nurses and existing prescribers, the necessary regime of regulation with adequate fitness to practise is not in place at present to permit the extension of prescribing to registered pharmacists for controlled or other drugs and medicines.

The Department is drafting legislation to provide updated fitness to practise in the area of pharmacy. Given the importance of the pharmacist in the protection of public health, any developments in this area would need to be considered carefully. Essentially, however, the position is that the Department is reviewing arrangements on fitness to practise for pharmacy. If this review results in legislation, the issue raised by Senators Browne and Bradford in the amendment on registered pharmacists could be considered in that context.

On amendment No. 3 and the query raised by Senator Henry, emergency medical technicians have an authority to administer controlled drugs acting in accordance with the directions of practitioners. It is on this basis that such personnel administer controlled drugs. In order for such personnel to be in a position to administer any controlled drugs, it is necessary that they also have an appropriate authority under the Misuse of Drugs Acts to lawfully possess such drugs. It is intended to grant a group authority under section 14 of the Misuse of Drugs Act 1977 in respect of these personnel to allow for this. I understand this will by done by statutory instrument. On that basis, the amendment proposed by the Senator in respect of the prescribing of drugs by paramedical staff is unnecessary.

In the case of medical personnel other than emergency medical technicians, in other words, paramedical personnel generally, it is considered too early to introduce such an authority. It is important that appropriate structures and controls are in place for each of the relevant health and social care professions before an authority in respect of the issue of prescriptions, especially for controlled drugs, could be given. The President has recently signed into law the Health and Social Care Professionals Act 2005, which provides for the registration and fitness to practise structures for certain health and social care professionals. However, these structures are not yet in place and it would be premature to give prescribing authority to the health care professionals in question at this stage.