Health Insurance (Medical Prescribing Practitioners) (Jersey) Order 2018

Made                                                                      12th October 2018

Coming into force                                                   19th October 2018

THE MINISTER FOR SOCIAL SECURITY, in pursuance of Articles 16, 17, 26 and 36 of the Health Insurance (Jersey) Law 1967[1], orders as follows –

1        Interpretation

In this Order –

“1995 Law” means the Health Care (Registration) (Jersey) Law 1995[2];

“MPP” means a medical prescribing practitioner approved as such by the Minister following an application under Article 2;

“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[3];

(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[4], are provided to the patient.

2        Conditions and process for approval of non-GP doctor as medical prescribing practitioner

(1)     A person who is an appropriate practitioner may apply to the Minister for approval as a medical prescribing practitioner under Article 26 of the Health Insurance (Jersey) Law 1967[5].

(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 –

(i)      the Medical Director, or

(ii)      an officer (authorized for that purpose) of an administration for which the Minister is responsible.

(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 Medical Practitioners (Registration) (Jersey) Law 1960[6]; 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 MPP 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 this Article –

(a)     “appropriate practitioner” means any person who –

(i)      is an appropriate practitioner by virtue of paragraph (a) of Article 5 of the Medicines (Prescription Only) (Jersey) Order 1997[7], and

(ii)      is not an approved medical practitioner by virtue of Article 26(1A) of the Health Insurance (Jersey) Law 1967[8]; and

(b)     “Medical Director” has the same meaning as given by the Health Insurance (Performers List for General Medical Practitioners) (Jersey) Regulations 2014[9].

3        Revocation of approval

Where the Minister considers that –

(a)     an approved MPP 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 MPP 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 MPP from the register kept under that Law,

it is no longer appropriate for a person to continue to be an approved MPP,

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 MPP to verify, or to inform the Minister of any inaccuracies in, such information held by the Minister in respect of the approved MPP as the Minister may specify.

(2)     An approved MPP 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 MPP fails to do so the Minister may proceed to consider whether to revoke the approval.

5        Citation and commencement

This Order may be cited as the Health Insurance (Medical Prescribing Practitioners) (Jersey) Order 2018 and comes into force 7 days after the day on which it is made.

deputy j.a. martin of st. helier

Minister for Social Security

 


 



[1]                                    chapter 26.500

[2]                                    chapter 20.300

[3]                                    chapter 20.725

[4]                                    chapter 20.570

[5]                                    chapter 26.500

[6]                                    chapter 20.600

[7]                                    chapter 20.625.95

[8]                                    chapter 26.500

[9]                                    chapter 26.500.20


Page Last Updated: 30 Oct 2018