1. In the majority of cases the crushing of a tablet or
opening of a capsule will make its use 'unlicensed'. Consequently the
manufacturer will assume no liability for any harm that may occur to
the patient or person administering the medication.
2. Under the 'Medicines Act 1968' only medical and dental
practitioners can authorise the use of 'unlicensed' medicines in humans.
It is, therefore, strictly illegal to open a capsule or crush a tablet
prior to administration without prescriber authorisation.
3. When a medicine is authorised for administration as
'unlicensed' by the prescriber, a percentage of the liability for any
harm that may occur will lie with the nurse giving the medication. The
judge would assess the balance of this liability on an individual case
basis.
4. As a result, authorisation for unlicensed medication
administration (i.e. the crushing of tablets or opening of capsules)
should always be obtained in writing and not accepted verbally.
In summary, the crushing of tablets and opening of
capsules should only be carried out if the prescriber authorises it
in writing and the nurse or person in charge has no concerns
regarding patient or carer safety.
Similarly, chewing medication prior to swallowing must
also be carefully considered because this practice can have the same
effect as crushing tablets or opening capsules.