Unit 41 - Working with Medication in Health and Social Care
Institution
Pearson (PEARSON)
P3: Explain the relevant sections of key legislation and associated guidelines with regard to the administration of medication.
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Unit 41 - Working with Medication in Health and Social Care
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Unit 41 P3 Legislation Megan Scully
P3: Explain the relevant sections of key legislation and associated guidelines with regard to the
administration of medication.
Medicines Act 1968
Particular medications must only be supplied alongside a prescription, by law medication can be
acquired by three categories;
Prescription only medication (POM)
This form of medication must be provided only with a written prescription from a general
practitioner (GP) or equivalent medical professional. This could be medications such as; differin (an
acne treatment prescribed by dermatologists).
Pharmacy medicines (P)
This form of medication is available to purchase from a pharmacy, however, it is under supervision
of a pharmacist. This form of medication will need to be requested as it is stored behind the counter.
The pharmacist would then determine the suitability for you and investigate any reasons you should
not take the medication. This could be medications such as Levonelle (the morning after pill).
General sales medication (GSL)
These forms of medication can typically be purchased from anywhere such as pharmacies or
supermarkets, without the required supervision of a pharmacist. This could be medications such as
ibuprofen or paracetamol.
The Medicines Act 1968 was established in order to confirm that professionals such as pharmacists
or doctors are liable for the provision of medications. The Medicines Act 1968 also governs the use
of medications for human and animal use, as well as, governing the secure production and provision
of medications.
Misuse of Drugs Act 1971
The Misuse of Drugs Act 1971 regulates medications that may cause damage if used. These forms of
medication are referred to as controlled drugs. The Misuse of Drugs Act 1971 has three
classifications of controlled materials these are;
Class A
These drugs include; cocaine (including crack cocaine), magic mushrooms, LSD, methadone, heroin
(diamorphine) and ecstasy (MDMA).
Class B
These drugs include; barbiturates, cathinones (including mephedrone), codeine, amphetamines,
synthetic cannabinoids and cannabis.
Class C
These drugs include; GHB/GBL, anabolic steroids, benzodiazepines (tranquilisers), benzylpiperazines
(BZP) and ketamine.
The Misuse of Drugs Act 1971 states that it is a criminal offence to retain a controlled substance
illicitly. It is also a criminal offence to intentionally provide controlled substances in exchange for
currency and to also provide controlled substances without charge. The Misuse of Drugs Act 1971
also makes it unlawful to permit a property to manufacture or provide controlled substances.
Mental Capacity Act 2005
The Mental Capacity Act 2005 states that all individuals are entitled to their own judgement
regarding themselves and the medication they decide on taking. If an individual’s mental capacity is
deficient it must be lawfully proven and evident. The Mental Capacity Act 2005 also states that
regardless of how injudicious an individual’s personal choice may be it does not determine that their
mental capacity is diminished. For example; an individual with cancer may decide they no longer
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