1.1 Identify current legislation, guidelines, policies and protocols relevant to the administration of medication

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

The administration of medication is a key responsibility for health and social care workers. This area is heavily regulated because it deals with people’s health, wellbeing, and safety. Clear legislation, guidelines, policies and protocols shape the way medication is managed. These rules protect both those who receive care and those who work in health and social care settings.

This guide will introduce you to the most relevant current legislation, the main guidelines, important policies and the protocols related to medication administration.

Legislation Governing the Administration of Medication

Legislation means laws made by parliament or another legislative body. These laws must be followed by everyone, and there are consequences if you do not follow them.

The Medicines Act 1968

The Medicines Act 1968 is a key piece of legislation for medication administration. It controls how medicines are manufactured, supplied, and administered in the UK. The act sets out rules on:

Who can prescribe medicines
Who can sell or supply medicines
How medicines should be labelled
The safe storage of medicines
Recording the administration and disposal of medicines

Any worker involved in giving medication must be familiar with this act. It aims to protect the public from harm linked to medicines.

The Misuse of Drugs Act 1971

This law controls certain drugs known as “controlled drugs.” These are substances that could be abused or misused, such as some painkillers and sedatives. The act:

Divides drugs into different classes (A, B, C) based on their potential for harm
Makes it illegal to possess, supply, or produce controlled drugs without authority
Outlines strict record-keeping and storage rules for controlled drugs

Workers must always follow set procedures with controlled drugs. These include checking records, storing them in locked cupboards, and recording each issue used.

The Misuse of Drugs (Safe Custody) Regulations 1973

These regulations support the Misuse of Drugs Act. They make clear how controlled drugs must be stored. Controlled drugs must be kept in a locked, secure cabinet. Only authorised people should have access. Records must be kept of who removes or administers any of these medicines.

The Health and Safety at Work etc. Act 1974

All workplaces, including health and social care settings, need to protect the safety and health of staff and service users. This law means that any procedures for medications must:

Help prevent mistakes or accidents
Reduce risk to both service users and workers
Provide training for those giving medicines

The Control of Substances Hazardous to Health (COSHH) Regulations 2002

COSHH covers the safe use, handling, and disposal of hazardous substances, including medicines. Some medicines, such as cytotoxic drugs for cancer therapy, are hazardous. Workers must follow local COSHH procedures for safety.

The Children Act 1989 and Children Act 2004

Children’s welfare is the main concern under these acts. When giving medicines to children, workers need written permission from those with parental responsibility. Any errors could have serious consequences. The act also insists on recording the details of medicines given to children.

The Data Protection Act 2018 / UK GDPR

When managing medication, you will handle sensitive information. The Data Protection Act, along with UK GDPR, sets the rules for storing and sharing people’s personal details. Information like what medicines someone takes, medical histories, or allergies must be kept confidential. Sharing this data without consent is a breach of this law.

Human Medicines Regulations 2012

These regulations bring together many previous rules about medicines’ manufacture, distribution, advertising, and administration. They define who can prescribe medication or give injections. They require clear labelling, batch numbers, and expiry dates on all medicines.

Care Act 2014

The Care Act focuses on adult social care in England. It includes duties for organisations to safeguard adults from abuse, including medication errors. It sets out the need for safe practice, appropriate risk assessment, and following agreed care plans.

Mental Capacity Act 2005

This law protects people who may lack capacity to make decisions about their care or treatment. If someone cannot understand or agree to medication, you must follow the act’s rules. You may need to act in their best interests, using a formal process.

The Human Rights Act 1998

People have a right to life, to privacy, and to be free from degrading treatment. The way medication is given can affect these rights. Always check that your practice respects the rights of those you support.

Guidelines and Frameworks

Guidelines are official recommendations and good practice advice. They help organisations and staff interpret the laws. Guidelines often include checklists, flowcharts, or steps for dealing with medication.

National Institute for Health and Care Excellence (NICE) Guidelines

NICE issues guidelines for health and social care in England, including those for medication management. Examples include:

Safe handling and storage of medicines
Medicines management in care homes (NICE SC1)
Supporting people to make decisions about their medicines

The NICE guidelines are used by organisations to form their own medication policies. Workers should follow these guidelines unless there is a strong reason not to do so.

The Royal Pharmaceutical Society (RPS) Guidance

The RPS offers advice on safe and effective administration of medicines. They emphasise patient-centred care, shared decision-making, and accuracy with medicines. The Society’s standards are referenced by many employers.

Nursing and Midwifery Council (NMC) Standards

Nurses and nursing associates follow the NMC Code. This outlines expectations for medication administration:

Give medicine only when appropriately trained
Double-check medicine before administration
Explain benefits, risks, and side-effects to the person
Keep accurate records

If you are not a nurse, you may work under similar local policy and supervision.

The Resuscitation Council (UK) Guidance

If mistakes are made during medication administration, emergencies could arise. The Resuscitation Council provides guidance on emergency care and safe use of some emergency medicines (for example, adrenaline for anaphylaxis).

Policies in the Health and Social Care Workplace

Policies tell staff what to do and what not to do. Each setting—such as a care home, hospital, or home care provider—should have clear workplace policies on medication.

Policies are shaped by relevant laws and national guidelines. Some examples of topics in policies:

Storage of medication
Checking medicine before administration
Record keeping and documentation
Error reporting and learning
Self-administration by service users
Handling controlled drugs
Procedures for obtaining, returning, and disposing of medicines

Examples of Typical Medication Policies

Storage Policy

All medicines should be kept in a locked cupboard or fridge if required. The keys should be held by senior staff or those authorised to administer medicines. Records should show entry and exit times.

Administration Policy

This will explain who is allowed to give medicines, what training is required, and step-by-step procedures for giving tablets, liquids, creams, or injections. It covers what to do if a service user refuses medicine or if a dose is missed.

Error Reporting Policy

Any mistakes, such as giving the wrong medicine or dose, must be reported immediately. The policy sets out who to inform, how to record the incident, and action to take to protect the person.

Self-Administration Policy

Some people supported by care services want to take their own medicine. The policy covers risk assessments and support offered to help them do this safely.

Protocols and Local Procedures

Protocols are detailed instructions for specific tasks. They are more specific than policies. Protocols may be written or included as step-by-step checklists.

Protocols must be followed as written. They often include detail such as:

How to check an individual’s identity before giving a medicine
How to double-check labels and expiry dates
What observations to make (for example, checking blood pressure before giving certain tablets)
How to dispose of leftover medicines or sharps (needles)
How to document each stage

Example: Protocol for Giving Oral Medicine

Wash your hands and gather medication.
Check the individual’s medication chart.
Confirm the identity of the person.
Check the medication label for name, dose, and expiry date.
Prepare the correct dose.
Offer medicine to the person with water.
Record what was given and note any side effects.

Each workplace will have its own protocols, tailored to meet local needs but based on national guidelines and legislation.

Why All These Rules Matter

The law and guidance protect people in many ways. Incorrect medicine can cause harm or death. Giving medicine safely:

Reduces errors and accidents
Protects staff from prosecution or disciplinary action
Maintains trust in care services
Respects people’s rights, wishes, and dignity

People have a right to expect safe care. You deserve to work in a safe environment with clear instructions.

Training and Competence Requirements

No-one can give medicine at work unless they have been trained and assessed as competent. This includes knowing the legal framework, policies, and correct procedures. Refresher training is expected regularly.

If you are asked to carry out a part of medication administration for which you have not been trained, you must inform your manager. Never guess or take risks.

You should understand:

Which medicines you are allowed to give
How to follow the law and your workplace policy
Where to get advice if unsure
Who is responsible for keeping records

Record Keeping

Clear, accurate records are a legal requirement. After giving medicine, record:

What medicine was given and the dose
When it was given
Who gave it
Any reactions, side effects, or problems
If the medicine was refused or not taken

Keeping good records protects you and the people you support.

Handling Errors and Incidents

Mistakes sometimes occur. Reporting them is a legal duty and helps the organisation learn and prevent repeat incidents. Never hide an error. Policies outline how to report, who to notify, and what support is offered. If someone is harmed, follow local safeguarding and emergency procedures.

Supporting Rights and Choices

People who are able to decide for themselves have the right to refuse medication. Your job is to support their choice and explain any consequences, not to force or deceive people. If someone cannot give consent, follow the Mental Capacity Act and best interest decision-making.

Consent

Every person has the right to agree to or refuse treatment. Always gain consent, if possible, before giving medication. If the person is unable to give this, document why and follow your workplace procedures.

Final Thoughts

Following the current legislation, guidelines, policies, and protocols for medication administration is not simply about following rules. These frameworks are in place to protect the people who use services and those who work within them. Safe and proper administration of medication saves lives, prevents harm, and supports people to live well.

As a health and social care worker, being familiar with these rules and knowing how to apply them in daily work is part of your professional responsibilities. Keep your knowledge up to date, ask for help when unsure, and always put the person at the centre of your practice. You have a clear and valuable role in helping people access the medications they need, safely and respectfully.