Unit 41 M1 Effect of legislation and guidelines on medication Megan Scully
M1: Explain the effect of legislation and guidelines with regard to medication on organisational
policies and procedures.
For this assignment I will be using the Mersey Care ‘Handling of Medicines Policy: Version 2.1
Updated on 06/16’.
Mental Capacity Act 2005
The Mental Capacity Act 2005 has influenced Mersey Care policy by including a section which claims
that medication may only be prescribed to an individual devoid of consent when they do not have
the capacity to consent and;
Prevents the deterioration of mental or physical health.
Ensures improvement in mental or physical health.
Necessary in saving the individuals life.
The prescribed treatment must also be;
Agreed upon with the practice consented by an individual who is skilled in the specific form of
treatment.
Mental Health Act 1983
The Mental Health Act 1983 has influenced Mersey Care policy by including a section regarding a 3-
month period in order to form a treatment plan meeting the requirements of the individual. The 3-
month period mentioned begins when the medication for the mental health problem were originally
prescribed.
Medicines Act 1968/ Misuse of Drugs Act 1971/ Administration Act 2003
In conjunction with the Medicines Act 1968, Misuse of Drugs Act 1971 and Administration Act 2003,
the Mersey Care policy states that a valid form of consent (voluntarily given by an appropriately
educated individual) must be received prior to beginning any form of treatment including the
administration of medication. It also states that nobody may provide consent in support of an
incapable adult, but they may receive treatment if it is beneficial to their physical or mental health.
The Mersey Care Policy also covers the ordering and receipt of controlled drugs (both from Wigan
University and Teaching Hospitals – WUTH). The policy states that only specific healthcare
departments (such as out of hours GP’s) have the ability to order stock controlled drugs from the
WUTH pharmacy. It also designates an individual for responsibility of the ordering, receipt and
storage of controlled drugs and lastly it states that controlled drugs may only be ordered from
WUTH through submission of a requisition from an official drugs log. Ordering may only be done by
assigned practitioners and specimen signatures must be provided. There is also a policy set for the
receipt of controlled drugs with their own practice.
Data Protection Act 1998/ Access to Health Records Act 1990
The Data Protection Act 1998 and Access to Health Records Act 2003 have influenced Mersey Care
policy by stating that individuals administering medicines must;
Be confident of the identity of the patient who is receiving the medication.
Know the present contents of a patients care plan when it is appropriate for it to take action.
Health and Safety at Work Act 1974/ COSHH Regulations 2002/ Hazardous Waste Regulations
2005
In conjunction with the Health and Safety at Work Act 1974, COSHH Regulations 2002 and
Hazardous Waste Regulations 2005, the Mersey Care policy states that firstly, pharmaceutical waste
is segregated into three separate groups which are;
Cytotoxic and cytostatic (Pharmaceutical Hazardous).
M1: Explain the effect of legislation and guidelines with regard to medication on organisational
policies and procedures.
For this assignment I will be using the Mersey Care ‘Handling of Medicines Policy: Version 2.1
Updated on 06/16’.
Mental Capacity Act 2005
The Mental Capacity Act 2005 has influenced Mersey Care policy by including a section which claims
that medication may only be prescribed to an individual devoid of consent when they do not have
the capacity to consent and;
Prevents the deterioration of mental or physical health.
Ensures improvement in mental or physical health.
Necessary in saving the individuals life.
The prescribed treatment must also be;
Agreed upon with the practice consented by an individual who is skilled in the specific form of
treatment.
Mental Health Act 1983
The Mental Health Act 1983 has influenced Mersey Care policy by including a section regarding a 3-
month period in order to form a treatment plan meeting the requirements of the individual. The 3-
month period mentioned begins when the medication for the mental health problem were originally
prescribed.
Medicines Act 1968/ Misuse of Drugs Act 1971/ Administration Act 2003
In conjunction with the Medicines Act 1968, Misuse of Drugs Act 1971 and Administration Act 2003,
the Mersey Care policy states that a valid form of consent (voluntarily given by an appropriately
educated individual) must be received prior to beginning any form of treatment including the
administration of medication. It also states that nobody may provide consent in support of an
incapable adult, but they may receive treatment if it is beneficial to their physical or mental health.
The Mersey Care Policy also covers the ordering and receipt of controlled drugs (both from Wigan
University and Teaching Hospitals – WUTH). The policy states that only specific healthcare
departments (such as out of hours GP’s) have the ability to order stock controlled drugs from the
WUTH pharmacy. It also designates an individual for responsibility of the ordering, receipt and
storage of controlled drugs and lastly it states that controlled drugs may only be ordered from
WUTH through submission of a requisition from an official drugs log. Ordering may only be done by
assigned practitioners and specimen signatures must be provided. There is also a policy set for the
receipt of controlled drugs with their own practice.
Data Protection Act 1998/ Access to Health Records Act 1990
The Data Protection Act 1998 and Access to Health Records Act 2003 have influenced Mersey Care
policy by stating that individuals administering medicines must;
Be confident of the identity of the patient who is receiving the medication.
Know the present contents of a patients care plan when it is appropriate for it to take action.
Health and Safety at Work Act 1974/ COSHH Regulations 2002/ Hazardous Waste Regulations
2005
In conjunction with the Health and Safety at Work Act 1974, COSHH Regulations 2002 and
Hazardous Waste Regulations 2005, the Mersey Care policy states that firstly, pharmaceutical waste
is segregated into three separate groups which are;
Cytotoxic and cytostatic (Pharmaceutical Hazardous).
