Misuse
of Drugs (Miscellaneous Amendments) (No. 9)
(Jersey) Order 2021
Made 24th November 2021
Coming into
force 1st December 2021
THE MINISTER FOR HEALTH AND SOCIAL SERVICES,
after consultation with the Advisory Council on
the Misuse of Drugs, makes this Order
under Articles 5, 8, 12, 13 and 27 of the Misuse of Drugs
(Jersey) Law 1978 –
1 Schedule to the Misuse of Drugs
(Designation) (Jersey) Order 1989 amended
(1) In
paragraph 1(a) of Part 1 (controlled drugs to which Article 12(4)
of the Law applies) of the Schedule to the Misuse of
Drugs (Designation) (Jersey) Order 1989, the following is
deleted –
“Cannabinol (not
falling within paragraph 5 or 6 of Part 2)
Cannabinol derivatives
(not falling within paragraph 5 or 6 of Part 2), other than
dronabinol or a stereoisomer of dronabinol
Cannabis (not falling
within paragraph 4 or 5 of Part 2)
Cannabis resin (not
falling within paragraph 5 of Part 2)”.
(2) In
Part 2 of that Schedule, paragraphs 4, 5 and 6 are deleted.
2 Misuse of Drugs (General
Provisions) (Jersey) Order 2009 amended
Article 3 to 14 amend the
Misuse of
Drugs (General Provisions) (Jersey) Order 2009.
3 Article 1(1) (interpretation) amended
(1) Paragraphs (2)
to (6) amend Article 1(1).
(2) For
the definition “nurse independent prescriber” there is substituted –
“ “nurse independent prescriber”
means a nurse as described in paragraph (1A);”.
(3) After
the definition “operating department practitioner” there is inserted –
“ “paramedic independent prescriber”
means a paramedic as described in paragraph (1A);
“pharmacist independent prescriber”
means a pharmacist as described in paragraph (1A);
“physiotherapist independent
prescriber” means a physiotherapist as described in paragraph (1A);
“podiatrist independent prescriber”
means a podiatrist as described in paragraph (1A);”.
(4) In
the definition “prescription” for sub-paragraph (d) there is
inserted –
“(d) by a registered
independent prescriber for the medical treatment of a single individual;”.
(5) After
the definition “registered ambulance paramedic” there is inserted –
(6) After
the definition “Shipping Law” there is inserted –
“ “therapeutic radiographer
independent prescriber” means a radiographer as
described in paragraph (1A);”.
(7) After
paragraph (1) there is inserted –
“(1A) a
registered independent prescriber falls under
this paragraph if that person is –
(a) registered in respect of
that occupation under the Health Care
(Registration) (Jersey) Law 1995;
(b) a person whose entry on
the register established and maintained under Article 5 of the Nursing and
Midwifery Order 2001 of the United Kingdom (S.I. 2000/253) indicates that
he or she is, or may act as, a supplementary prescriber only;
(c) a person whose entry on
the register established and maintained under Article 19 of the Pharmacy
Order 2010 of the United Kingdom (S.I. 2010/231) indicates that he or she
is, or may act as, a supplementary prescriber only; or
(d) a person whose entry on the
register established and maintained under Article 5 of the Health
Professions Order 2001 (S.I. 2002/254) of the United Kingdom indicates
that he or she is, or may act as, a supplementary prescriber only.”.
4 Article 4 (general authority to supply and possess) amended
For Article 4(1)(b) there
is substituted –
“(b) if a person has in his or
her possession a Schedule 2 drug, a Schedule 3 drug, a
Schedule 4 drug or a Schedule 5 drug that has been supplied by or on
the prescription of a practitioner or registered independent prescriber for the
treatment of that person, or of a person whom that person represents, the
person may supply the drug to a doctor, dentist or pharmacist for destruction;”.
5 Article 5 (administration of Schedules 2, 3, 4 and 5 drugs) amended
(1) Paragraphs
(2) to (4) amend Article 5.
(2) In
paragraph (2) after “dentist” there is inserted “, pharmacist independent
prescriber”.
(3) After
paragraph (2) there is inserted –
“(2A) A
paramedic independent prescriber may administer to the paramedic’s
patient –
(a) codeine;
(b) fentanyl;
(c) midazolam; or
(d) morphine.
(2B) A
physiotherapist independent prescriber may administer to the physiotherapist’s
patient –
(a) dihydrocodeine;
(b) fentanyl;
(c) morphine;
(d) oxycodone; or
(e) temazepam.
(2C) A
podiatrist independent prescriber may administer to the podiatrist’s
patient –
(a) dihydrocodeine; or
(b) temazepam.
(2D) A
therapeutic radiographer prescriber may administer to the radiographer’s
patient –
(a) codeine;
(b) fentanyl;
(c) midazolam;
(d) morphine;
(e) oxycodone;
(f) temazepam; or
(g) tramadol.”.
(4) For
paragraph (3) there is substituted –
“(3) A
person may administer a Schedule 2 drug, Schedule 3 drug or Schedule 4
drug to a patient in accordance with the directions of –
(a) a doctor, dentist,
pharmacist independent prescriber or nurse independent prescriber;
(b) a paramedic independent
prescriber, but only in relation to those drugs listed in paragraph (2A);
(c) a physiotherapist
independent prescriber, but only in relation to those drugs listed in paragraph (2B);
(d) a podiatrist independent
prescriber, but only in relation to those drugs listed in paragraph (2C);
or
(e) a therapeutic
radiographer independent prescriber, but only in relation to those drugs listed
in paragraph (2D).”.
6 Article 6 (production and supply of Schedules 2, 3, 4 and 5
drugs) amended
(1) Paragraphs
(2) to (4) amend Article 6.
(2) After
paragraph (2B) there is inserted –
“(2C) A
paramedic independent prescriber, or a person acting in accordance with his or
her written directions, may, for the purpose of administering it to the
paramedic’s patient, compound –
(a) codeine;
(b) fentanyl;
(c) midazolam; or
(d) morphine.
(2D) A
physiotherapist independent prescriber, or a person acting in accordance with his
or her written directions, may, for the purpose of administering it to the
physiotherapist’s patient, compound –
(a) dihydrocodeine;
(b) fentanyl;
(c) morphine;
(d) oxycodone; or
(e) temazepam.
(2E) A
podiatrist independent prescriber, or a person acting in accordance with his or
her written directions, may, for the purpose of administering it to the
podiatrist’s patient, compound –
(a) dihydrocodeine; or
(b) temazepam.
(2F) A
therapeutic radiographer independent prescriber, or a person acting in accordance
with his or her written directions, may, for the purpose of administering it to
the radiographer’s patient, compound –
(a) codeine;
(b) fentanyl;
(c) midazolam;
(d) morphine;
(e) oxycodone;
(f) temazepam; or
(g) tramadol.”.
(3) After
paragraph (4)(j) there is inserted –
“(k) a paramedic independent
prescriber, but only in relation to –
(i) codeine,
(ii) fentanyl,
(iii) midazolam, or
(iv) morphine;
(l) a physiotherapist
independent prescriber, but only in relation to –
(i) dihydrocodeine,
(ii) fentanyl,
(iii) morphine,
(iv) oxycodone, or
(v) temazepam;
(m) a podiatrist independent
prescriber, but only in relation to –
(i) dihydrocodeine, or
(ii) temazepam;
(n) a therapeutic
radiographer independent prescriber, but only in relation to –
(i) codeine,
(ii) fentanyl,
(iii) midazolam,
(iv) morphine,
(v) oxycodone,
(vi) temazepam, or
(vii) tramadol.”.
(4) In
paragraph (5) –
(a) in sub-paragraph (c)
for “or nurse independent prescriber” there is substituted “, nurse independent
prescriber or pharmacist independent prescriber”;
(b) in sub-paragraph (d)
for “or nurse independent prescriber” there is substituted “, nurse independent
prescriber or pharmacist independent prescriber”.
7 Article 7 (possession of Schedules 2, 3 and 4 drugs) amended
In Article 7, in the
following places, for “or nurse independent prescriber” there is substituted “or
registered independent prescriber” –
(a) paragraph (2);
(b) paragraph (3), in
the introductory text and in sub-paragraphs (a) and (b);
(c) paragraph (4)(a).
8 Article 13 (documents to be obtained by a person supplying
controlled drugs to certain persons)
In Article 13 –
(a) in paragraph (4)(a),
for “or nurse independent prescriber” there is substituted “, nurse independent
prescriber or pharmacist independent prescriber”;
(b) in paragraph (6)(a)
for “or nurse independent prescriber” there is substituted “, nurse independent
prescriber or pharmacist independent prescriber”.
9 Article 17 (provisions as to supply on prescription) amended
For Article 17(2)(b)
there is substituted –
“(b) an address in Jersey is
specified in the prescription as –
(i) the address of the
person issuing it, or
(ii) the address of the person
for whose treatment the prescribed drug is to be supplied.”.
10 Article 26 (prescription records for Schedules 2 and 3 drugs)
amended
In Article 26, in
the following places, for “or nurse independent prescriber” there is
substituted “or registered independent prescriber” –
(a) paragraph (2);
(b) paragraph (3);
(c) paragraph (4).
11 Article 28 (preservation of registers, books and other
documents) amended
In Article 28(4),
for “or nurse independent prescriber” there is substituted “or registered
independent prescriber”.
12 Article 29 (furnishing of information with respect to
controlled drugs) amended
After Article 29(1)(i) there is inserted –
“(j) a paramedic independent
prescriber;
(k) a physiotherapist
independent prescriber;
(l) a podiatrist independent
prescriber;
(m) a therapeutic independent
prescriber.”.
13 Article 30 (furnishing of information to the Medical Officer)
amended
In Article 30, in
both places in which it appears, for “or nurse independent prescriber” there is
substituted “or registered independent prescriber”.
14 Paragraph 10 of Schedule 2 amended
For paragraph 10 of
Schedule 2 there is substituted –
“10 A
cannabis based product for medicinal use in humans,
being a preparation or other product which –
(a) is or contains cannabis,
cannabis resin, cannabinol or a cannabinol derivative (not being dronabinol or
its stereoisomers);
(b) is produced for medicinal
use in humans; and
(c) is –
(i) a medicinal product
which is manufactured in compliance with Commission Directive 2003/94/EC
of 8 October 2003 laying down the principles and guidelines of good
manufacturing practice in respect of medicinal products for human use and
investigational medicinal products for human use (OJ L 262, 14.10.2003, p. 22),
as amended, substituted, extended or applied from time to time by any other EU
provision, or as that Regulation otherwise has effect in the EU from time to
time by virtue of any judgment of the European Court, or
(ii) a substance or
preparation for use as an ingredient in, or in the production of an ingredient
of, a medicinal product which is manufactured in compliance with that
Directive.”.
15 Citation and commencement
This Order may be cited as the Misuse of Drugs (Miscellaneous
Amendments) (No. 9) (Jersey) Order 2021 and comes into force 7 days
after it is made.
Deputy R.J. Renouf of St. Ouen
Minister for Health and Social Services