Health (Miscellaneous Provisions) Act 2024

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Amendment of section 32 of Act of 1995

9. Section 32 of the Act of 1995 is amended—

(a) in subsection (2)—

(i) in paragraph (k), by the substitution of the following subparagraph for subparagraph (i):

“(i) by a registered pharmacist, or a person, or class of persons, specified in the regulations, being a suitably qualified person or class of persons—

(I) concerned in the provision of a health service, whether the health service is provided in a hospital, nursing home, clinic, retail pharmacy business (within the meaning of the Pharmacy Act 2007 ) or otherwise,

(II) registered with a relevant professional body, and

(III) trained in the administration of the medicinal product,

and”,

and

(ii) in paragraph (l)—

(I) in subparagraph (ii), by the substitution of “thereto,” for “thereto, or”, and

(II) by the insertion of the following subparagraphs after subparagraph (iii):

“(iv) subject to subsection (11A), such medicinal product or class of medicinal products as may be used for the purpose of treating mild or moderate illnesses or ailments, pursuant to a prescription issued by a registered pharmacist—

(I) who has reached the required standard of education and training in relation to prescribing medicinal products in accordance with the rules of the Council of the Pharmaceutical Society of Ireland made under section 11 (3A) of the Pharmacy Act 2007 ,

(II) where the prescription is issued under the governance of a retail pharmacy business (within the meaning of the Pharmacy Act 2007 ) in accordance with regulations made under section 18 of the Pharmacy Act 2007 , and

(III) in accordance with such other rules made, and codes of conduct drawn up by the Council of the Pharmaceutical Society of Ireland under sections 7 (2)(a)(iii) and 11 of the Pharmacy Act 2007 ,

or

(v) subject to subsection (11A), by a registered pharmacist, in accordance with such conditions as are specified in the regulations in relation thereto,”,

(b) by the insertion of the following subsection after subsection (11):

“(11A) Before making regulations under section 32(2)(l)(iv) or (v), the Minister shall consult the Health Service Executive and the Council of the Pharmaceutical Society of Ireland, and may consult any other person or body as he or she considers appropriate.”,

and

(c) by the substitution of the following subsection for subsection (14):

“(14) In this section—

‘relevant profession’ means—

(a) for the purposes of subsection (2)(k), any profession a member of which may, before the commencement of section 16 of the Irish Medicines Board (Miscellaneous Provisions) Act 2006 , and in his or her capacity as such member, have lawfully administered a medicinal product,

(b) for the purposes of subsection (2)(l), any profession a member of which may, before the commencement of section 16 of the Irish Medicines Board (Miscellaneous Provisions) Act 2006 , and in his or her capacity as such member, have lawfully issued a prescription for a medicinal product;

‘relevant professional body’ means—

(a) the Dental Council established under section 6 of the Dentists Act 1985 ,

(b) the Nursing and Midwifery Board of Ireland referred to in section 6 of the Nurses and Midwives Act 2011 ,

(c) the Optical Registration Board established by section 26 of the Health and Social Care Professionals Act 2005 ,

(d) the Physiotherapists Registration Board established by section 26 of the Health and Social Care Professionals Act 2005 ,

(e) the Podiatrists Registration Board established by section 26 of the Health and Social Care Professionals Act 2005 ,

(f) the Radiographers Registration Board established by section 26 of the Health and Social Care Professionals Act 2005 , or

(g) the Pre-Hospital Emergency Care Council established by the Pre Hospital Emergency Care Council (Establishment) Order 2000 ( S.I. No. 109 of 2000 ).”.