Health
Insurance (Approved Prescribing Practitioners) (Jersey) Order 2025
1 Interpretation
In this Order –
“applicant” has the meaning given in Article 2(1);
“application” has the meaning given in Article 2(1);
“Health Insurance Law” means the Health
Insurance (Jersey) Law 1967;
“primary care setting” means any of the
following where a health care service is provided directly to a patient –
(a) the patient’s home;
(b) a setting in which a care home service (within
the meaning of paragraph 4 of Schedule 1 to the Regulation of Care (Jersey)
Law 2014) is provided;
(c) a place in which long-term care services (within the meaning
given in Article 1 of the Long-Term
Care (Health and Social Services Charges) (Jersey) Law 2014) are provided to the patient, other than a place described in sub-paragraph (a)
or (b); and
(d) the premises of a general medical practice that offers general
medical services.
2 Conditions for approval
of prescribing practitioner under Article 26(1E) of the Health Insurance
Law
(1) The
Minister may approve an application for approval under Article 26(1E) of
the Health Insurance Law (an “application”) by a prescribing practitioner (the
“applicant”) only if the applicant is –
(a) a
non-GP doctor;
(b) a nurse independent
prescriber;
(c) a paramedic independent
prescriber; or
(d) a pharmacist independent
prescriber.
(2) For the purposes of paragraph (1) –
(a) “Medicines Order” means
the Medicines (Prescription Only) (Jersey) Order 1997;
(b) “non-GP doctor” means a
prescribing practitioner who –
(i) is an appropriate practitioner under
Article 5(1)(a) of the Medicines Order; and
(ii) is not approved under
Article 26(1A) of the Health Insurance Law;
(c) “nurse independent prescriber”
means a prescribing practitioner who is an appropriate practitioner under Article 5(1)(d)
of the Medicines Order;
(d) “paramedic independent
prescriber” means a prescribing practitioner who is an appropriate practitioner
under Article 5(1)(f) of the Medicines Order;
(e) “pharmacist independent
prescriber” means a prescribing practitioner described in Article 5(1)(g)
of the Medicines Order.
(3) The Minister may approve an application only
if the Minister is satisfied that the applicant –
(a) practises in Jersey in a
primary care setting; and
(b) is a prescribing
practitioner described in the first column of the table who satisfies the
registration requirement in the corresponding entry in the second column of the
table –
3 Application
(1) An
application must be made in writing in the form required by the Minister and
must include a declaration by the applicant that –
(a) they
practise in Jersey in a primary care setting; and
(b) if approved –
(i) they will issue pharmaceutical benefit only
to insured persons and only in accordance with the Health Insurance Law; and
(ii) they will comply with the conditions set out in Article 4.
(2) An
application must be signed by –
(a) 1
of the following –
(i) the Medical Director;
(ii) the Chief Nurse of the
Health and Social Services Department (the “Chief Nurse”);
(iii) a person authorised by
the Chief Nurse for this purpose; and
(b) the
clinical lead on behalf of the primary care setting where the applicant
practises.
(3) Before
deciding whether to approve an application, the Minister must obtain the
recommendation of an officer of the administration of the States for which the
Minister is responsible.
(4) In
paragraph (2)(a), “Medical Director” is construed in accordance with
Regulation 2 of the Health
Insurance (Performers List for General Medical Practitioners) (Jersey)
Regulations 2014.
4 Conditions with which approved prescribing
practitioner must comply
(1) An
approved prescribing practitioner must not issue pharmaceutical benefit to an insured person unless the
approved prescribing practitioner has access to the insured person’s patient
record.
(2) In
paragraph (1), the insured person’s patient record means their patient
record held by the general medical practice with which they are registered as
their main practice.
(3) An
approved prescribing practitioner issuing pharmaceutical benefit must do so in
accordance with the relevant requirements of their regulatory body.
(4) In
paragraph (3), “regulatory body” –
(a) in relation to a non-GP
doctor, means the General Medical Council continued under section 1 of the
Medical Act 1983 of the United Kingdom;
(b) in relation to a nurse
independent prescriber, means the Nursing and Midwifery Council established
under article 3 of the Nursing and Midwifery Order 2001 of the United
Kingdom (S.I. 2002/253);
(c) in relation to a paramedic
independent prescriber, means the Health and Care Professionals Council
continued under section 214 of the Health and Social Care Act 2012 of the
United Kingdom; and
(d) in relation to a pharmacist
independent prescriber, means the General Pharmaceutical Council established
under article 4 of the Pharmacy Order 2010 of the United Kingdom (S.I. 2010/231).
5 Provision of
information to Minister
(1) An
applicant and an approved prescribing practitioner must inform the Minister in
writing within 7 days if –
(a) there is a change in
their circumstances material to their declaration made under Article 3(1);
(b) they no longer satisfy
the relevant registration requirement in Article 2(3)(b), or there is any
other change in their circumstances material to a matter described in Article 2(3);
or
(c) they are charged with or
convicted of an offence in Jersey, or of an offence committed elsewhere that if
committed in Jersey would constitute an offence in Jersey.
(2) The
Minister may require an approved prescribing practitioner to provide
information to enable the Minister to monitor their suitability for continued
approval.
(3) An
approved prescribing practitioner to whom a request is made under paragraph (2)
must provide the information requested by the time, and in the manner, required
by the Minister.
6 Withdrawal of approval
The Minister may withdraw the
approval of a prescribing practitioner if the Minister is satisfied that –
(a) the prescribing
practitioner –
(i) no longer satisfies the conditions for
approval in Article 2;
(ii) has breached their declaration
made under Article 3(1);
(iii) has failed to comply with
a condition set out in Article 4; or
(iv) has failed, without
reasonable excuse, to provide information required under Article 5; or
(b) as a result of
information described in Article 5(1), it is no longer appropriate for the
prescribing practitioner to be approved.
7 [1]
8 Transitional provision
(1) Paragraph (2) applies to a prescribing
practitioner who, immediately before this Order came into force, was an
approved prescribing practitioner by virtue of an approval given under the Health Insurance (Medical
Prescribing Practitioners) (Jersey) Order 2018 or the Health Insurance (Approved Prescribing
Practitioners – Midwives and Nurses) (Jersey) Order 2018.
(2) The prescribing practitioner is treated as
if they have been approved by the Minister under this Order.
9 [2]
10 Citation and commencement
This Order may be cited as the Health Insurance (Approved
Prescribing Practitioners) (Jersey) Order 2025 and comes into force 7 days
after it is made.