Appendix 4: Legal Context

Legislation relevant to medication management includes but is not limited to:

·       The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: Regulation 12 Safe Care and Treatment

·       The Children’s Homes (England) Regulations 2015: Regulation 23 Medicines

·       The Misuse of Drugs (Safe Custody) Regulations 1973 as amended

·       The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015

·       The Health and Social Care Act 2012 (section 250 power to publish information standards which resulted in the publication of the NHS Accessible Information Standard 2016)

·       The Controlled Drugs (Supervision of Management and Use) Regulations 2013

·       The Mental Capacity Act 2005 (MCA)

·       The Human Rights Act 1998

·       The Data Protection Act 2018

Relevant statutory and other guidance includes but is not limited to:

·       Guide to the Children’s Home Regulations including the quality standards, Department for Education (April 2015)

·       Guidance to Regulation 12 Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, CQC website

·       Managing medicines in care homes: social care guideline sc1, NICE (March 2014)

·       Medicines management in care homes: quality standard qs85, NICE (March 2015)

·       Putting NICE guidance into practice - checklist for health and social care staff developing a care home medicines policy: implementing the NICE guideline on managing medicines in care homes, NICE (May 2014)

·       The handling of medicines in social care -   Royal Pharmaceutical Society of Great Britain (2007)