M1- Discuss how organisational policies and procedures are influenced by legislation and
guidelines with regard to the administration of medicines.
Merseycare is a trust wide medicine procedure which is used in all NHS organisations as it is a valid
document. It was written in January 2015 by the Chief Pharmacist, a review will be made in January
2017.
Any member of staff who is caring for an individual should make sure that the medication is only
given to the patient when consent is provided. This relates to The Mental Capacity Act 2005 as it
has shaped Mersey Care by involving a section which states that medication should not be given
to an individual who lacks consent, it also prevents and improves poor mental and physical
health. Any prescribed treatment must be agreed by an individual who is skilled with the specific
information.
The Mental Health Act 1983 states that an individual can be admitted, detained and treated in
hospital even if it is against their wishes, for this to take place, people with authority must agree
that the individual has a mental disorder that needs treating. Staff must remain to meet the
needs of the individual whilst they are being cared for in hospital. By law, an individual should
only be sectioned due to poor ill health when several people agree, and that the individual’s
basic human needs much remain.
The Medicines Act 1968 controls the manufacturing and supply of medicines, this involves both
human and veterinary use. In regards to this, members of staff only give medicines to patients
who need them, medicines should also be stored safely and away from anyone who is not
authorised to access them. It would be against the law for anyone to give out medication that
was not fit for consumption.
The Misuse of Drugs Act 1971 states that it is illegal for anyone with the possession of controlled
drugs with intent to supply or sell. This means that members of staff should record what
medication they have given to patients, this way, all medication is accounted and signed for. It is
against the law for anyone with access to medication to misuse them as it can cause health
issues to anyone who consumes too much of one drug.
The Administration Act 2003 is put in place to make sure that medication is given correctly in
health and care settings. This means that any medication given needed to be recorded and
signed for by members of staff, this was to keep track of medications in the setting. If
medication was not administered correctly then the patient may become seriously ill, as well as
the member of staff being punished following their actions.
Data Protection Act 1998 is the processing of data on identifiable living people and is the main
piece of legislation that governs the data protection. This means that staff members should not
discuss any patient’s health issues or treatments that they are undergoing. Is it illegal to do so
and a prosecution may occur if this policy is broken.
Access to Health Records Act 1990 means that any patient has the right to access their own
health records. In addition to this, certain staff members must have access to their patient’s
health records as it is important for them to be aware of the patients’ medical needs. They must
have knowledge regarding the patient’s allergies and any current medication that they are on.
The Health and Safety at Work Act 1974, COSHH Regulations 2002 and Hazardous Waste
Regulations 2005 is mentioned by the Mersey Care policy, it states that any pharmaceutical
waste is separated into three separate groups, these are;