Health Insurance
(Approved Prescribing Practitioners – Midwives and Nurses) (Jersey)
Order 2018
1 Interpretation
In this Order –
“1995 Law” means the Health Care (Registration) (Jersey) Law 1995;
“Minister” means the Minister for Social Security;
“NMP” means a non-medical prescriber;
“primary care setting” means any of the following places
in which a health care service is provided directly to a patient, namely –
(a) the
patient’s own home;
(b) a
mental nursing home, nursing home or residential care home within the meaning
given by the Nursing and Residential Homes (Jersey)
Law 1994;
(c) any
place other than those mentioned in paragraph (a) or (b) in which
long-term care services, within the meaning given by the Long-Term Care (Health and Social Services
Charges) (Jersey) Law 2014, are provided to the patient; or
(d) the
premises of an approved medical practitioner.
2 Conditions
and process for approval of non-medical
prescriber
(1) A person who is an
appropriate practitioner may apply to the Minister for approval as a
non-medical prescriber under Article 26 of the Health Insurance (Jersey) Law 1967.
(2) An application under
paragraph (1) must be made in writing to the Minister, in the form
approved for the purpose by the Minister, and must contain –
(a) a
declaration by the applicant that –
(i) he or she
practises in Jersey in a primary care setting, and
(ii) if
approved, will issue pharmaceutical benefit in the primary care setting and to
insured persons only; and
(b) the
signature of the Chief Nurse of the Health and Social Services Department, or
of an officer of that Department who is authorized in that behalf by the
Minister.
(3) The Minister shall not
approve an application made under paragraph (1) and in accordance with
paragraph (2) unless the Minister is satisfied (whether by documents
provided to accompany the application, or otherwise as the Minister may
reasonably require) that the applicant fulfils the following conditions, namely
that he or she –
(a) is
registered under the 1995 Law as a midwife prescribing practitioner, a
nurse prescribing practitioner, or a specialist community public health nurse
prescribing practitioner; and
(b) practises
in Jersey in a primary care setting.
(4) The Minister may refuse
to approve an application –
(a) which
is not made in accordance with paragraph (2); or
(b) if
the Minister is not satisfied as to a matter mentioned in paragraph (3)(a)
or (b),
but such a refusal does not prevent a person from making a further
application for approval.
(5) An applicant or an
approved NMP must inform the Minister in writing within 7 days of the
occurrence of any change in his or her circumstances material to the
declaration under paragraph (2) or to a matter mentioned in paragraph (3)(a)
or (b), and in particular (but without limitation) of –
(a) cancellation
of his or her registration pursuant to an order of the Court under Article 10
of the 1995 Law; or
(b) his
or her being charged with or convicted of an offence in Jersey or of an offence
committed elsewhere which, if committed in Jersey, would constitute an offence
in Jersey.
(6) For the purposes of paragraph (1),
“appropriate practitioner” means any person who is an appropriate
practitioner by virtue of paragraphs (d) to (f) of Article 5 of
the Medicines (Prescription Only)
(Jersey) Order 1997.
3 Revocation of approval
Where the Minister considers that –
(a) an
approved NMP is in breach of the declaration made under Article 2(2), or
otherwise has ceased to fulfil one of the conditions for approval in Article 2;
(b) an
approved NMP has failed, without reasonable excuse, to provide information
requested by the Minister under Article 4; or
(c) owing
to –
(i) a change in
circumstances such as described in Article 2(5), or
(ii) the
removal, under Article 8 of the 1995 Law, of the approved NMP from
the register kept under that Law,
it is no longer appropriate for a person to continue to be an
approved NMP,
the Minister may revoke the approval, but such
revocation does not prevent a person from making a further application for approval.
4 Power to request information
(1) The Minister may from
time to time request an approved NMP to verify, or to inform the Minister of
any inaccuracies in, such information held by the Minister in respect of the
approved NMP as the Minister may specify.
(2) An approved NMP to whom
a request under paragraph (1) is made must, no later than such date and in
such manner as the Minister may require, either –
(a) confirm
that the specified information is accurate; or
(b) provide
details of any changes to or other inaccuracies in the specified information,
and if an approved NMP fails to do so the Minister may proceed to
consider whether to revoke the approval.
5 Citation
This Order may be cited as the Health Insurance (Approved Prescribing Practitioners –
Midwives and Nurses) (Jersey) Order 2018.