1.1 Identify the current national legislation and guidelines relevant to the administration of medication

This guide will help you answer 1.1 Identify the current national legislation and guidelines relevant to the administration of medication.

Workers who support individuals with their medication need to follow specific laws and standards. The UK government, health organisations, and regulatory bodies set out rules to keep people safe when giving medication. This unit focuses on identifying the current national legislation and guidelines that relate to administering medication in health and social care settings.

Medication means any substance, prescribed or not, which is used to treat, prevent, or diagnose disease or control symptoms. Administering medication involves supplying, giving, or applying medication to a person.

Why Follow Legislation and Guidelines?

Following the law protects people receiving care from harm. It standardises how medicines are stored, recorded, and given. Guidelines set the quality of care expected. They help workers understand their duties and protect them from legal or disciplinary action.

People receiving care often trust workers to give the right medicines safely. So, knowing the main laws and standards is the foundation for safe practice.

Legislation Relevant to Medication Administration

Several important laws govern this area. Below is a breakdown of each one, why it matters, and what it covers.

The Medicines Act 1968

This law controls every stage of medicines, from manufacture to supply and administration. It divides medicines into three main categories:

• Prescription Only Medicines (POM): Need a valid prescription from a registered prescriber.
• Pharmacy Medicines (P): Sold under supervision of a pharmacist.
• General Sales List (GSL): Can be bought from shops by anyone.

The Act sets out who can prescribe, supply, and give medicines. It ensures all medication is safe and suitable for people.

For health and social care workers, this Act makes it clear that only authorised people should give certain medicines, especially injections.

Misuse of Drugs Act 1971 and Misuse of Drugs Regulations 2001

These laws aim to prevent misuse and illegal supply of controlled drugs. Controlled drugs are medicines with potential for addiction or abuse, like morphine or methadone.

Key points include:

• Controlled drugs must be stored in special locked cupboards.
• Detailed records must be kept of all receipts, administration, and disposal.
• Only authorised staff should handle controlled drugs.

The regulations split drugs into categories called “Schedules” based on risk, and set extra rules for higher-risk drugs.

Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

This law applies to all health and care providers registered with the Care Quality Commission (CQC). It sets legal requirements for safe care, dignity, and safeguarding.

Regulation 12 (Safe care and treatment) focuses on managing risks and giving safe treatment, including medication. Providers must:

• Have correct procedures for getting, storing, handling, and administering medicines.
• Train staff so they know how to give medicines safely.
• Act quickly if errors or problems occur.

Registered managers and staff are responsible for following these rules.

Mental Capacity Act 2005

This Act protects people who may lack mental capacity to make decisions, including about medication.

Main points include:

• Assume the person can decide for themselves unless proven otherwise.
• Supported decision-making: Involve the individual as much as possible.
• Best interests: If someone cannot decide, act for their benefit.
• Least restrictive option: Use the minimum interference needed.

Workers must assess capacity and follow a structured process if someone cannot give consent to medication.

Data Protection Act 2018 and UK GDPR

Personal and medical information is private. This law regulates how organisations manage confidential details, including medication records.

Workers must:

• Record information accurately and securely.
• Only share details with those needing to know.
• Get consent before sharing unless in emergencies.

Protecting this information builds trust and keeps within the law.

Health and Safety at Work etc. Act 1974

This law protects workers, service users, and visitors from risks. It covers how medicines are handled, stored, and administered safely.

Employers must:

• Train workers.
• Provide safe storage (such as locked trolleys or cupboards).
• Give protective equipment where needed.
• Report and investigate any accidents or near-misses connected to medication.

The Care Act 2014

The Care Act puts safeguarding responsibilities on care providers. Poor management of medication is seen as neglect or abuse.

Providers must have systems to prevent harm and report concerns. This includes making sure medicines are not withheld, wrongly given, or misused.

The Human Medicines Regulations 2012

This law brings together many older rules on how medicines are prescribed, supplied, and administered. It covers labelling, record-keeping, and ensuring only trained people handle medicines.

National Guidelines

Besides laws, several national organisations set standards and guidance for medication administration. While not always law, failing to follow them could be seen as poor practice.

National Institute for Health and Care Excellence (NICE) Guidance

NICE produces evidence-based guidance for health and care staff.

Key documents include:

• “Managing medicines in care homes” (NICE guideline SC1)
• “Managing medicines for adults receiving social care in the community” (NICE guideline NG67)

These guidelines:

• Set expectations for how medicines are recorded.
• Advise staff to get consent wherever possible.
• Give clear steps for receiving, storing, giving, and disposing of medicines.
• Advise regular checks and reviews.

Following NICE guidance helps keep practice up-to-date and safe.

Care Quality Commission (CQC)

CQC inspects care services and sets the standards they must meet. CQC guidance covers medication handling, correct recording, and training. Services failing to meet standards may face action or closure.

CQC Key Lines of Enquiry include checking:

• How medication is ordered, stored, and given.
• How errors are reported and learned from.
• Whether people are involved in decisions about their medicines.

Royal Pharmaceutical Society (RPS) Guidance

The RPS, representing pharmacists, offers guidance on safe administration for all settings, including care homes and community care. Their document “The Handling of Medicines in Social Care” remains widely used.

This guidance covers:

• Training staff.
• Ensuring clear records, such as Medicine Administration Records (MARs).
• Suitable ways to dispose of unwanted medicine.
• Checking proper supplies and expiry dates.

Skills for Care Standards

Skills for Care supports workforce training in health and social care. Their standards outline knowledge and skills all staff managing medication should have. Many training programmes, including the Care Certificate, follow their advice.

Supporting Policies and Procedures

Every organisation should have its own local policies based on national law and guidance. These outline:

• Exactly which staff members are allowed to give medication.
• Processes for getting, storing, and recording medication.
• How to handle problems, mistakes, or refusals.
• How to arrange for staff training.

Workers must know and follow their own workplace’s procedures.

Key Concepts and Unusual Terms

Legal and clinical language can be confusing. Here are some terms explained in plain English:

• Administration: Giving or applying medication to a person.
• Controlled drugs: Medicines with strict rules because they can be liable to misuse, like morphine.
• Consent: Agreement by the person receiving care, before giving medicine.
• MAR (Medication Administration Record): The official record that shows what medicines are given, when, and by whom.
• Prescriber: An authorised person (doctor, dentist, some nurses or pharmacists) allowed to order (prescribe) medicines.
• Covert administration: Giving medicine in disguised form (e.g., crushed in food) when someone refuses and lacks capacity, which requires strict safeguards.

Recording and Reporting

Every time a medicine is given, workers must write it down straight away in the MAR or other approved record.

Recording includes:

• What medicine was given.
• Date and time.
• Dose and form (e.g., tablet, liquid).
• Method used (oral, topical, eye drops).
• The initials or signature of the person giving it.

Any refusal, leftover doses, or problems must also be documented.

If a mistake is made—such as giving the wrong dose—it should be reported following the local policy for incident reporting. Swift reporting can prevent harm.

Training and Competency

Legislation and guidelines require staff involved in giving medication to be trained and assessed as competent.

Training should cover:

• Laws and guidance relevant to medicines.
• Safe storage and handling.
• Accurate recording and reporting.
• Identifying and managing errors.
• Understanding different routes and forms of medication.

Continued learning and regular updates are necessary, especially as medicines and best practice change.

Safe Storage and Disposal

Following the law, all medicines should be stored safely. Controlled drugs have extra storage requirements.

Key rules include:

• Store medicines in locked cupboards or trolleys.
• Keep medications in their original packaging with clear labels.
• Keep medicines away from heat, damp, and sunlight.
• Record any disposal with the date, details, and signatures.

Never use unlabelled or out-of-date medicines.

Unused medication should be collected by a pharmacist, not thrown in general waste.

Consent and Advocacy

Giving medication without consent can be assault, except in very limited circumstances. Staff must always ask for consent, explain why the medicine is needed, and respect the person’s right to refuse.

Where capacity is in doubt, follow the Mental Capacity Act, involving advocates or family if needed.

If someone repeatedly refuses, report it and seek a review from a prescriber.

Safeguarding and Professional Boundaries

Poor practice in medication management is a safeguarding concern.

Examples include:

• Skipping doses.
• Giving someone else’s medication.
• Forcing medication without following Mental Capacity Act rules.
• Inaccurate records.

Workers must protect people in their care and speak up if they spot unsafe practice.

Final Thoughts

Knowing and following current legislation and national guidelines is a legal and professional duty for anyone involved in giving medication. These laws and standards keep people safe, protect workers from legal action, and help maintain trust in health and social care.

Up-to-date training, accurate records, and a respect for individual rights are at the heart of administering medication safely and legally.

Staying informed and always following the law means you not only protect those in your care but also uphold your own professional standards. This builds a culture of safety and trust for everyone in health and social care.