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Home
Office advisors - Storing Controlled Drugs not robustly Legal
- Legal changes in pipeline
- Acknowledgement of a need to act
May 2007
After a
LONG wait, but KFx finally got a "good" response from
the Home Office about Storage of Controlled Drugs from the Home
Office.
In January, KFx sent
a very long letter to the Home Office recapping the legal situation
as we understood it, the need for Home office action and the correspondence
to date. For those of you who want to read the letter, follow this
link: http://www.drugsandhousing.co.uk/hos107.pdf
The reply that has now
been received is fairly good news (or bad news depending on your
perspective).
It effectively agrees
that the arguments against the legality of storing Controlled
Drugs are well-founded. Home Office legal advice now agrees that
it is not robustly legal to do so and that arguments suggesting
rules on "conveying" or "administeiring" provided
a good safeguard were inadequate.
So the Home office now
agrees that legal change is required, is going to explore how to
do so, and put proposals before the ACMD.
They will want to know
the views of the field, and their will be a consultation period.
Updates on this will follow.
In the meantime, the
existing guidance in "On Storage" remains valid, but will
need to be updated to reflect the Home Office's new thinking on
this.
To read the Home Office
response, please click here or paste the link: http://www.drugsandhousing.co.uk/ResponseT140787.pdf
It's been a long wait,
but maybe we'll finally see this annoying issue resolved!
If you have views about
how this issue should be progressed, or what models of implementation
you would like to see, please post them to the Forum or email them.
In order to achieve a
good, safe response for the field, we would propose a model that
looks something like this::
1) Misuse of Drugs Regulations
amended by use of Statutory Instruments to authorise possession
and distribution of Schedule 2,3,4 controlled drugs within certain
defined criteria. This would mean an expansion of the reference
to "Those having the written authority of the Home Secretary"
- to include those holding a "Notice of Authority."
2) Groups to whom the
authority should be extended to include schools, colleges, residential
services, youth provision, housing providers, day centres, drugs
agencies and others as required and specified by the Home Secretary.
3) The extension of the
authority will require the organisation to meet a series of requirements;
the local police and Pharmacy inspectorate will assess these.
a) That safe storage
facilities are put in place
b) That effective record keeping protocols are put in place
c) That handling and distribution of such drugs is restricted to
full-time, paid staff who have been trained to required standards,
and have completed any probationary periods of work
4) The Police and the
Pharmacy Inspectorate must be consulted, and the organisation should
comply with any recommendations made by the police regarding storage
5) Following such consultation,
the police and Pharm Inspectorate should have the power to issue
a "Notice of Authority" which would allow the organisation
to store such drugs for service users.
Kevin @ Kfx: may 2007
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