Pharmacists and
Pharmacy Technicians (Registration) (Jersey) Law 2010
A LAW to regulate the practice of
pharmacy, to provide for the regulation of pharmacy technicians, and for
connected purposes.
Commencement [see endnotes]
PArt 1
INTRODUCTORY PROVISIONS
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“Minister” means the Minister for Health and Social
Services;
“register” means the register kept under Article 2(1);
“registered” means registered as a pharmacist, or a
pharmacy technician, under this Law;
“registration fee” means –
(a) in
relation to the registration of a person as a pharmacist, the registration fee
determined under Article 5(3); and
(b) in
relation to the registration of a person as a pharmacy technician, the registration
fee determined under Article 16(3).[1]
(2) For
the purposes of this Law, a person practises as a pharmacist or pharmacy
technician if, whilst acting in the capacity of or purporting to be a
pharmacist or pharmacy technician, that person undertakes any work or gives any
advice in relation to the preparation, assembly, dispensing, sale, supply or
use of medicines, the science of medicines, the practice of pharmacy or the
provision of healthcare.[2]
2 Register
(1) The
Minister shall keep and maintain a register of persons registered as
pharmacists or pharmacy technicians.
(2) Upon
registering a person as a pharmacist or pharmacy technician, the Minister shall
enter in the register the prescribed information in respect of the person.
(3) The
Minister shall remove from the register the name of a person who has died,
who has requested the cancellation of his or her registration under Article 9
or 20 or whose registration has been cancelled under Article 10
or 21.
3 List
of registered pharmacists and pharmacy technicians to be kept
The Minister shall ensure
that a list of the names of registered pharmacists and registered pharmacy
technicians, showing such information regarding their qualification for
registration as may be prescribed, shall be available for viewing at all
reasonable times by members of the public, without charge, at a place
determined by the Minister.
PART 2
REGISTRATION OF PHARMACISTS
4 Person
not to falsely hold self out as being registered pharmacist etc.
(1) A
person shall not –
(a) represent
himself or herself as being registered under this Law as a pharmacist unless he
or she is so registered and his or her registration under this Law as a
pharmacist is not suspended;
(b) represent
himself or herself as having any qualification, or authority to practise as a
pharmacist that is a qualification or authority prescribed under Article 6(1)(a)
as a requirement for registration under this Law, unless he or she has such
qualification or authority and, in the case of authority to practise, the
authority is not suspended;
(c) use
the title “registered pharmacist” unless he or she is registered as
a pharmacist under this Law and his or her registration under this Law as a
pharmacist is not suspended;
(d) represent
himself or herself as having a specialist title or specialisation unless he or
she is permitted, by a qualification or authority to practise as a pharmacist
conferred in another country or territory, that is a qualification or authority
prescribed under Article 6(1)(a) as a requirement for registration under
this Law, to hold himself or herself out, in that country or territory, as
having that specialist title or specialisation, and the permission is not
suspended in that country or territory; or
(e) practise
as a pharmacist whilst not registered.[3]
(2) A
person who contravenes paragraph (1) commits an offence and shall be
liable to a fine of level 3 on the standard scale.[4]
5 Application
for registration as a pharmacist
(1) A
person may apply to the Minister for registration under this Law as a pharmacist.
(2) An
application for registration as a pharmacist shall –
(a) contain
the prescribed particulars; and
(b) be
accompanied by –
(i) the prescribed
proof that the applicant fulfils the requirements prescribed under Article 6(1)(a),
and
(ii) the
registration fee.
(3) The
Minister may determine a registration fee for the purposes of paragraph (2)(b)(ii).
6 Registration
(1) The
Minister shall, after receiving an application for registration that complies
with the requirements of Article 5(2), register the applicant as a
pharmacist if the Minister is satisfied that –
(a) the
applicant fulfils the prescribed requirements for registration; and
(b) the
application is not made within a period specified in a direction under Article 10(3)
that is in force in relation to the applicant.
(2) The
Minister shall, before refusing to register an applicant as a pharmacist by
reason of the application not complying with the requirements of Article 5(2),
give the applicant an opportunity to make his or her application compliant with
the requirements of that provision.
(3) The
Minister shall not register an applicant as a pharmacist if the Minister is not
satisfied as to the matters described in sub-paragraph (a) and (b) of
paragraph (1).
(4) The
Minister shall, upon refusing an application for registration –
(a) serve
notice on the applicant of his or her decision and the reasons for it; and
(b) refund
the registration fee paid by the applicant.
7 Conditions
of registration
(1) The
Minister may, if he or she thinks it necessary to do so –
(a) to
protect members of the public;
(b) because
it is otherwise in the public interest; or
(c) in
the interests of the person,
impose a condition on the
registration of a person as a pharmacist.
(2) A
condition may be imposed under paragraph (1) at the time of, or after,
registration.
(3) A
condition imposed under paragraph (1) shall remain in force for the period
specified in the registration of the person as the period for which the
condition shall remain in force.
(4) A
period specified under paragraph (3) shall not exceed 18 months.
(5) The
Minister shall impose any mandatory condition of registration that is
prescribed.
8 Certificate
of registration
(1) The
Minister shall issue a certificate of registration to a person who is registered
as a pharmacist.
(2) The
Minister may issue a further certificate of registration to a person who is
registered as a pharmacist if the Minister is satisfied the certificate of
registration formerly issued to the person has been lost, stolen or damaged.
9 Request
for cancellation of registration
(1) A
person registered as a pharmacist may, at any time, request the Minister to
cancel the person’s registration.
(2) A
request under paragraph (1) shall be made in writing.
(3) The
Minister shall, upon receiving a request under paragraph (1), cancel the
person’s registration.
10 Cancellation
of registration otherwise than on request
(1) The
Minister shall cancel a person’s registration as a pharmacist if –
(a) the
person ceases to fulfil the requirements for registration prescribed under
Article 6(1)(a);
(b) the
registration under this Law was obtained by fraudulent means; or
(c) the
person has not, within 60 days of having been requested to do so by the
Minister by notice in writing, provided to the Minister the return required to
be provided by Article 14.[5]
(2) The
Minister may cancel a person’s registration as a pharmacist if the person –
(a) is
convicted (whether or not in Jersey) of an offence of a kind that, in the
opinion of the Minister, makes the person unfit to be a pharmacist;
(b) has
failed to comply with a condition imposed under Article 7(1) or (5) on his
or her registration;
(c) is
found by the Minister to have engaged in behaviour that constituted a
contravention of, or a failure to comply with, any term or condition of any
authority to practise as a pharmacist by virtue of which authority the person
fulfils the requirements for registration prescribed under Article 6(1)(a);
or
(d) is
found by the Minister to have engaged in conduct (including a failure to
adequately supervise an employee) of a kind that, in the opinion of the
Minister, makes the person unfit to be a pharmacist.
(3) The
Minister may, if he or she has cancelled a person’s registration under
paragraph (1)(b) or (2), direct that the person shall not be registered
under Article 6 within a period, of less than 5 years, specified by
the Minister in the direction.
(4) The
Minister shall, before cancelling a person’s registration under paragraph (1)
or (2), give the person an opportunity to present evidence or other material to
the Minister.
(5) The
Minister shall serve on a person whose registration is cancelled under this
Article notice of –
(a) the
Minister’s decision to cancel the person’s registration;
(b) the
Minister’s reasons for the decision; and
(c) the
period, if any, during which, in accordance with a direction under paragraph (3),
the person shall not be registered under Article 6.
(6) The
cancellation of a person’s registration under this Article takes effect
on the service on the person under paragraph (5) of the notice of the
cancellation.
(7) If
an appeal is lodged under Article 13 against the cancellation of a
person’s registration, the Minister shall restore the person’s
registration –
(a) until
the determination of the appeal under Article 13(4)(a) or (c); or
(b) where
the appeal is determined by referring the matter back to the Minister under Article 13(4)(b),
until the Minister has dealt with the referred matter.
(8) Paragraph (7)
does not apply if –
(a) in
the opinion of the Minister, the grounds on which the registration was
cancelled are so serious that the cancellation should continue in effect –
(i) until the appeal
in relation to it is determined under Article 13(4)(a) or (c), or
(ii) where
the appeal is determined by referring the matter back to the Minister under Article 13(4)(b),
until the Minister has dealt with the referred matter; and
(b) the notice
of cancellation under paragraph (5) specifies that sub-paragraph (a) of
this paragraph applies in relation to the cancellation.
11 Suspension
(1) The
Minister shall –
(a) suspend
a person’s registration as a pharmacist upon becoming aware that the authority
to practice by virtue of which the person fulfils the requirements for
registration prescribed under Article 6(1)(a) has been suspended; and
(b) end a
person’s suspension upon becoming aware that the person’s authority
to practice, described in sub-paragraph (a), is no longer suspended.
(2) If
the Minister is satisfied that there may be grounds for cancellation of a
person’s registration as a pharmacist and that the circumstances are such
that, while enquiries are conducted into those grounds, the person should not
practise as a pharmacist, the Minister may suspend the person’s
registration for a period not exceeding 3 months.
(3) The
Minister may extend a suspension under paragraph (2), on one or more
occasions, for a period not exceeding 3 months.
(4) The
Minister shall serve on a person whose registration is suspended, or whose
suspension is extended, notice of –
(a) the
Minister’s decision to suspend, or extend the suspension of, the
person’s registration;
(b) the
Minister’s reasons for the decision; and
(c) the
period for which the suspension has effect.
(5) A
period of suspension shall commence on the service on the person, under
paragraph (4), of the notice of suspension.
12 Application
for amendment of direction
(1) A
person whose registration is cancelled under Article 10 may apply to the
Minister to amend a direction given under Article 10(3) in relation to the
person.
(2) The
Minister may, after receiving an application under paragraph (1) from a
person, amend a direction given under Article 10(3) in relation to the
person.
(3) The
Minister shall serve on a person notice of the Minister’s decision in
relation to an application by the person under paragraph (1) and the
Minister’s reasons for the decision.
13 Appeal
(1) A
person may appeal to the Royal Court against a decision of the Minister to –
(a) refuse
under Article 6 to register the person;
(b) impose
under Article 7(1) a condition on the registration of the person;
(c) cancel
under Article 10 the person’s registration;
(d) give
a direction under Article 10(3);
(e) refuse
to amend a direction given under Article 10(3);
(f) suspend,
or continue the suspension of, the person’s registration under Article 11;
or
(g) refuse
to amend a direction under Article 12.
(2) An
appeal under this Article against a decision may only be made by a person
within 28 days after notice of the decision is served on the person,
unless the Royal Court determines that the period should be extended.
(3) If
the Minister has not, within the 60 day period beginning the day after an
application is made to the Minister under Article 6 or 12 by a person, served
a notice under Article 6(4) or 12(3) in relation to the application, the
Minister shall be taken for the purposes of this Article –
(a) to
have decided to refuse the application; and
(b) to
have served notice of the decision on the person on the day after the end of
that period.
(4) The
Royal Court may determine an appeal under this Article by –
(a) confirming the decision to which the appeal
relates;
(b) quashing the decision to which the appeal
relates and referring the matter back to the Minister for the Minister’s
decision in accordance with the law; or
(c) making any decision that the Minister could have made under Article 6, 7(1), 10, 11 or 12, as the
case may be.
(5) The
Royal Court may make the additional orders it thinks appropriate, including
ancillary orders and orders as to costs.
14 Annual
return
A pharmacist shall
provide to the Minister, by 31st January in each year, a return in such form
and containing such information as may be prescribed.
PART 3
REGISTRATION OF PHARMACY
TECHNICIANS
15 Person
not to falsely hold self out as being registered pharmacy technician etc.
(1) A
person shall not –
(a) represent
himself or herself as being registered under this Law as a pharmacy technician
unless he or she is so registered and his or her registration under this Law as
a pharmacy technician is not suspended;
(b) represent
himself or herself as having any qualification, or authority to practise as a
pharmacy technician that is a qualification or authority prescribed under
Article 17(1)(a) as a requirement for registration under this Law, unless
he or she has such qualification or authority and, in the case of authority to
practise, the authority is not suspended;
(c) use
the title “registered pharmacy technician” unless he or she is registered
as a pharmacy technician under this Law and his or her registration under this
Law as a pharmacy technician is not suspended;
(d) represent
himself or herself as having a specialist title or specialisation unless he or
she is permitted, by a qualification or authority to practise as a pharmacy
technician in another country or territory, that is a qualification or
authority prescribed under Article 17(1)(a) as a requirement for
registration under this Law, to hold himself or herself out, in that country or
territory, as having that specialist title or specialisation, and the
permission is not suspended in that country or territory; or
(e) practise
as a pharmacy technician whilst not registered.[6]
(2) A
person who contravenes paragraph (1) commits an offence and shall be
liable to a fine of level 3 on the standard scale.[7]
16 Application
for registration as a pharmacy technician
(1) A
person may apply to the Minister for registration under this Law as a pharmacy
technician.
(2) An
application under paragraph (1) shall –
(a) contain
the prescribed particulars; and
(b) be
accompanied by –
(i) the prescribed
proof that the applicant fulfils the requirements for registration prescribed
under Article 17(1)(a), and
(ii) the
registration fee.
(3) The
Minister may determine a registration fee for the purposes of paragraph (2)(b)(ii).
17 Registration
(1) The
Minister shall, after receiving an application that complies with the
requirements of Article 16(2), register the applicant as a pharmacy
technician if the Minister is satisfied that –
(a) the
applicant fulfils the prescribed requirements for registration; and
(b) the
application is not made within a period specified in a direction under Article 21(3)
that is in force in relation to the applicant.
(2) The
Minister shall, before refusing to register an applicant as a pharmacy
technician by reason of the application not complying with the requirements of
Article 16(2), give the applicant an opportunity to make his or her
application compliant with the requirements of that provision.
(3) The
Minister shall not register an applicant as a pharmacy technician if the
Minister is not satisfied as to the matters described in sub-paragraph (a)
and (b) of paragraph (1).
(4) The
Minister shall, upon refusing an application for registration –
(a) serve
notice on the applicant of his or her decision and the reasons for it; and
(b) refund
the registration fee paid by the applicant.
18 Conditions
of registration
(1) The
Minister may, if he or she thinks it necessary to do so –
(a) to
protect members of the public;
(b) because
it is otherwise in the public interest; or
(c) in
the interests of the person,
impose a condition on the
registration of a person as a pharmacy technician.
(2) A
condition may be imposed under paragraph (1) at the time of, or after,
registration.
(3) A
condition imposed under paragraph (1) shall remain in force for the period
specified in the registration of the person as the period for which the
condition shall remain in force.
(4) A
period specified under paragraph (3) shall not exceed 18 months.
(5) The
Minister shall impose any mandatory condition of registration that is prescribed.
19 Certificate
of registration
(1) The
Minister shall issue a certificate of registration to a person who is
registered as a pharmacy technician.
(2) The
Minister may issue a further certificate of registration to a person who is
registered as a pharmacy technician if the Minister is satisfied the
certificate of registration formerly issued to the person has been lost, stolen
or damaged.
20 Request
for cancellation of registration
(1) A
person registered as a pharmacy technician may, at any time, request the
Minister to cancel the person’s registration.
(2) A
request under paragraph (1) shall be made in writing.
(3) The
Minister shall, upon receiving a request under paragraph (1), cancel the
person’s registration.
21 Cancellation
of registration otherwise than on request
(1) The
Minister shall cancel a person’s registration as a pharmacy technician if –
(a) the
person ceases to fulfil the requirements for registration prescribed under
Article 17(1)(a);
(b) the
registration under this Law was obtained by fraudulent means; or
(c) the
person has not, within 60 days of having being requested to do so by the
Minister by notice in writing, provided to the Minister the return required to
be provided by Article 25.
(2) The
Minister may cancel a person’s registration as a pharmacy technician if
the person –
(a) is
convicted (whether or not in Jersey) of an offence of a kind that, in the
opinion of the Minister, makes the person unfit to be a pharmacy technician;
(b) has
failed to comply with a condition imposed under Article 18(1) or (5) on
his or her registration;
(c) is
found by the Minister to have engaged in behaviour that constituted a
contravention of, or a failure to comply with, any term or condition of any
authority to practise as a pharmacy technician in another country or territory
by virtue of which authority the person fulfils the requirements for
registration prescribed under Article 17(1)(a); or
(d) is
found by the Minister to have engaged in conduct (including a failure to
adequately supervise an employee) of a kind that, in the opinion of the
Minister, makes the person unfit to be a pharmacy technician.
(3) The
Minister may, if he or she has cancelled a person’s registration under paragraph (1)(b)
or (2), direct that the person shall not be registered under Article 17 within
a period, of less than 5 years, specified by the Minister in the order.
(4) The
Minister shall, before cancelling a person’s registration under paragraph (1)
or (2), give the person an opportunity to present evidence or other material to
the Minister.
(5) The
Minister shall serve on a person whose registration is cancelled under this
Article notice of –
(a) the
Minister’s decision to cancel the person’s registration;
(b) the
Minister’s reasons for the decision; and
(c) the
period, if any, in which, in accordance with a direction under paragraph (3),
the person shall not be registered under Article 17.
(6) The
cancellation of a person’s registration under this Article takes effect
on the service on the person under paragraph (5) of the notice of the
cancellation.
(7) If
an appeal is lodged under Article 24 against the cancellation of a
person’s registration, the Minister shall restore the person’s
registration –
(a) until
the determination of the appeal under Article 24(4)(a) or (c); or
(b) where
the appeal is determined by referring the matter back to the Minister under Article 24(4)(b),
until the Minister has dealt with the referred matter.
(8) Paragraph (7)
does not apply if –
(a) in
the opinion of the Minister, the grounds on which the registration was
cancelled are so serious that the cancellation should continue in effect –
(i) until the appeal
in relation to it is determined under Article 24(4)(a) or (c), or
(ii) where
the appeal is determined by referring the matter back to the Minister under Article 24(4)(b),
until the Minister has dealt with the referred matter; and
(b) the
notice of cancellation under paragraph (5) specifies that sub-paragraph (a)
of this paragraph applies in relation to the cancellation.
22 Suspension
(1) The
Minister shall –
(a) suspend
a person’s registration as a pharmacy technician upon becoming aware that
the authority to practice by virtue of which the person fulfils the
requirements for registration prescribed under Article 17(1)(a) is
suspended; and
(b) end a
person’s suspension upon becoming aware that the person’s authority
to practice, described in sub-paragraph (a), is no longer suspended.
(2) If
the Minister is satisfied that there may be grounds for cancellation of a
person’s registration as a pharmacy technician and that the circumstances
are such that, while enquiries are conducted into those grounds, the person
should not practise as a pharmacy technician, the Minister may suspend the
person’s registration for a period not exceeding 3 months.
(3) The
Minister may extend a suspension under paragraph (2), on one or more
occasions, for a period not exceeding 3 months.
(4) The
Minister shall serve on a person whose registration is suspended, or whose
suspension is extended, notice of –
(a) the
Minister’s decision to suspend, or extend the suspension of, the
person’s registration;
(b) the
Minister’s reasons for the decision; and
(c) the
period for which the suspension has effect.
(5) A
period of suspension shall commence on the service on the person, under
paragraph (4), of the notice of suspension.
23 Application
for amendment of direction
(1) A
person whose registration is cancelled under Article 21 may apply to the
Minister to amend a direction given under Article 21(3) in relation to the
person.
(2) The
Minister may, after receiving an application under paragraph (1) from a
person, amend a direction given under Article 21(3) in relation to the
person.
(3) The
Minister shall serve on a person notice of the Minister’s decision in
relation to an application by the person under paragraph (1) and the
Minister’s reasons for the decision.
24 Appeal
(1) A
person may appeal to the Royal Court against a decision of the Minister to –
(a) refuse
under Article 17 to register the person;
(b) impose
under Article 18(1) a condition on the registration of the person;
(c) cancel
under Article 21 the person’s registration;
(d) give
a direction under Article 21(3);
(e) refuse
to amend a direction given under Article 21(3);
(f) suspend,
or continue the suspension of, the person’s registration under Article 22;
or
(g) refuse
to amend a direction under Article 23.
(2) An
appeal under this Article against a decision may only be made by a person
within 28 days after notice of the decision is served on the person,
unless the Royal Court determines that the period should be extended.
(3) If
the Minister has not, within the 60 day period beginning the day after an
application is made to the Minister under Article 16 or 23 by a person, served
a notice under Article 17(4) or 23(3) in relation to the application, the
Minister shall be taken for the purposes of this Article –
(a) to
have decided to refuse the application; and
(b) to
have served notice of the decision on the person on the day after the end of
that period.
(4) The
Royal Court may determine an appeal under this Article by –
(a) confirming the decision to which the appeal
relates;
(b) quashing the decision to which the appeal
relates and referring the matter back to the Minister for the Minister’s
decision in accordance with the law; or
(c) making any decision that the Minister could have made under Article 17, 18(1), 21, 22 or 23,
as the case may be.
(5) The
Royal Court may make the additional orders it thinks appropriate, including
ancillary orders and orders as to costs.
25 Annual
return
A pharmacy technician
shall provide to the Minister, by 31st January in each year, a return in such
form and containing such information as may be prescribed.
PART 4
CONCLUDING PROVISIONS
26 Fraudulent
statements and abuse of certificates
(1) A
person shall not knowingly or recklessly –
(a) make
a statement; or
(b) provide
information,
that is false or
misleading in a material particular –
(i) in relation to an application under
this Law; or
(ii) in relation to the registration, or the
cancellation of the registration, of a person under this Law.
(2) A
person shall not –
(a) forge
with intent to deceive, or use with intent to deceive, a certificate issued
under this Law or any proof prescribed under Article 5(2)(b)(i)
or 16(2)(b)(i);
(b) lend
to, or allow to be used by, another person, a certificate or proof referred to
in sub-paragraph (a);
(c) make
or have in the person’s possession a document so closely resembling a
certificate or proof referred to in sub-paragraph (a) that it ought
reasonably be taken to be calculated to deceive; or
(d) obtain,
or attempt to obtain, the registration of himself or herself under this Law by
assuming the name or qualifications of another person.
(3) A
person who contravenes paragraph (1) or (2) commits an offence and shall
be liable to imprisonment for a term of 2 years and to a fine.
27 Service
of notices
Any notice to be served
under this Law may be served by post.
28 Orders
The Minister may, by
Order –
(a) prescribe
any matter that shall or may be prescribed under this Law;
(b) make
provision as to the documents that may be admitted in proceedings under this
Law as proof that a person –
(i) fulfils
the prescribed requirements for registration under Article 6 or 17,
or
(ii) is
permitted to hold himself or herself out as having a specialist title or
specialisation; and
(c) make
transitional provisions and savings for the purposes of the commencement of
this Law or of any other enactment amending this Law and the repeal or
amendment of any enactment by this Law.[8]
29 Citation
This Law may be cited as
the Pharmacists and Pharmacy Technicians (Registration) (Jersey) Law 2010.