Health Bill

This amendment seeks to limit the role of the accountable officer to take responsibility for the management and use of controlled drugs. We do not feel that this is necessary since the role and responsibilities of the accountable officer are set out in the Bill in Clause 17(6). These provisions relate clearly to the use and management of controlled drugs and would give the power to change the name of the accountable officer in case over time a different name is used in practice. Amendment No. 65 would allow for regulations to be made on measures to record and investigate cases where individuals have prescribed drugs for themselves or their families. We believe that the ability to make regulations to deal with such circumstances is already covered under Clause 17(6)(f), which includes,"““recording, assessing and investigating concerns””," about improper use of controlled drugs. This would include improper prescribing of such drugs to oneself or one’s family. If an accountable officer became aware that a doctor had been prescribing improperly for himself or his family, he would have the authority to investigate under Clause 17(6)(f). Additional safeguards are in place through professional regulators’ ethical guidance. The professional bodies include restrictions on prescribing for oneself or one’s family in the professional codes of ethics. The GMC has recently consulted on this issue. The Royal Pharmaceutical Society of Great Britain’s code goes beyond family to include,"““anyone with whom the individual has a close personal or emotional relationship””." Following investigation, the accountable officer may refer a case on to the professional bodies which are to take appropriate action—for example, placing restrictions on an individual prescriber or ordering a period of supervised practice. There are of course situations where such prescribing might occur. These have been described by the GMC—for example, in life-threatening emergencies or where there is no other prescriber available, such as on smaller islands in the Hebrides. That sort of activity will be of interest to accountable officers and they will have access to the information through the duty of co-operation in Clause 18. They will also receive information about patterns and trends on individual prescribing. However, it is not envisaged that accountable officers or their staff would examine health records or individual prescriptions unless there were already concerns. The noble Earl asked what discussions we have had with the appropriate bodies. We have received nothing on the GMC consultation; so far as we know, it has taken place, but we have not received any response. The important point is that the code of the Royal Pharmaceutical Society goes further than this and the society is content with the provisions in the Bill.