Michael Madden

Nichola Hawes, a registered nurse independent prescriber, was fined £8,000 in Downpatrick Crown Court yesterday after pleading guilty to 25 charges under the Human Medicines Regulations and the Fraud Act.

The charges followed a Department of Health Medicines Regulatory Group (MRG) investigation into medicines prescribing and supply activities at Nichola Hawes Aesthetics Clinic in Bangor, Co Down.

MRG established that between 2021 and 2022 prescription medicines were prescribed for people without their knowledge or consent.

It was also established that Hawes had supplied various medicinal products to clients using medicines prescribed and dispensed for other patients.

The prescription medicines included botox and drugs for weight loss.

In a statement, Michael Madden of Madden & Finucane Solicitors said the case had highlighted “a major gap in the current legal and regulatory framework governing independent nursing practice in Northern Ireland, England, and Wales”.

“Nurse independent prescribers are authorised to prescribe any prescription-only medicine (POM) and yet, they are prohibited from holding even a single licensed POM, including life-saving emergency drugs, as stock in their clinics,” he said.

“This exposes nurses to the prospect of being criminalised for holding stock medicine, even where no harm has occurred. In Scotland, by contrast, nurses working from registered premises are permitted to hold stock medicines under a proper legal framework.

“This case did not involve any allegation whatsoever of harm being caused to patients.

“These offences occurred during the difficult post-Covid period, when independent nurse prescribers faced unprecedented medicine shortages and surging patient demand.”

He added: “Nurse Hawes continues to receive strong support from colleagues, patients, and professional bodies. The court heard from senior clinicians who praised her excellence in care and noted the disparity between Northern Ireland and Scotland’s more progressive approach.

“She supports the British Association of Medical Aesthetic Nurses (BAMAN) in its campaign for urgent government review of the Human Medicines Regulations 2012, to remove the restrictions on stock medicines in nurse-led clinics and recognise the vital role of independent nurse prescribers in patient care.”

Peter Moore, senior medicines enforcement officer at the Medicines Regulatory Group, said: “This investigation established that a registered nurse independent prescriber operating in the private aesthetics sector unlawfully bypassed the regulated system put in place to ensure the integrity of the medicines supply chain.

“Today’s conviction sends a clear message that there are significant consequences for those who choose to act outside the legal and regulated system.

“Following today’s conviction, the matter will now be further referred to the Nursing & Midwifery Council (NMC), the regulatory and professional body for nurses in Northern Ireland.”

Aaron McKendry, interim head of the Medicines Regulatory Group, added: “This investigation demonstrates that the public can be assured that those prescribing or supplying prescription medicines to the public in Northern Ireland are subject to departmental inspection and compliance visits to ensure that they continue to operate safely and within the law.

“Where that doesn’t occur, we will take effective action where necessary to protect public safety in Northern Ireland.”