Misuse of Drugs
(General Provisions) (Jersey) Order 2009
Made 27th February 2009
Coming into force 1st
May 2009
THE MINISTER FOR HEALTH AND SOCIAL SERVICES, in pursuance of Articles 4, 5, 8, 12, 13, 23 and 27 of
the Misuse of Drugs (Jersey) Law 1978[1], and after consultation with the
Advisory Council on the Misuse of Drugs, orders as follows –
PART 1
INTERPRETATION
1 Interpretation
(1) In
this Order, unless the context otherwise requires –
“exempt product”
means a preparation or other product that consists of one or more component
parts, any of which contains a controlled drug, where –
(a) the preparation or other product is not
designed for administration of the controlled drug to a human being or animal;
(b) the controlled drug in any component part is
packaged in such a form, or in combination with other active or inert
substances in such a manner, that it cannot be recovered by readily applicable
means or in a yield that constitutes a risk to health; and
(c) no one component part of the product or
preparation contains more than one milligram of the controlled drug or one
microgram in the case of lysergide or any other N-alkyl
derivative of lysergamide;
“health prescription”
means a prescription issued under the Health
Insurance (Jersey) Law 1967[2];
“Law” means the Misuse of Drugs (Jersey) Law 1978[3];
“master” and “seamen” have the same meanings as in the
Shipping Law;
“Medical Officer”
means –
(a) the
Medical Officer of Health appointed under Article 10 of the Loi (1934) sur la Santé Publique[4]; or
(b) a doctor
acting under the Medical Officer of Health’s direction for the purposes
of this Order;
“medicinal product”
has the meaning given to that expression by Article 2 of the Medicines
(Jersey) Law 1995[5];
“midwife”
means a person registered as a midwife under the Health Care
(Registration) (Jersey) Law 1995[6];
“nursing officer”,
in respect of a nursing home or a hospital, means the senior registered nurse
for the time being responsible for the hospital or nursing home;
“operating department practitioner”
means a person registered as an operating department practitioner under the
Health Care (Registration) (Jersey) Law 1995;
“pharmacist”
has the meaning assigned to that expression by Article 2 of the Pharmacy
and Poisons (Jersey) Law 1952[7];
“prescriber identification number”,
in respect of a person, means the number recorded against the person’s
name by the Minister for the purposes of the person’s prescribing;
“prescription” means
a prescription issued –
(a) by
a doctor for the medical treatment of a single individual;
(b) by
a dentist for the dental treatment of a single individual; or
(c) by
a veterinary surgeon for animal treatment;
“preserved”,
in respect of a document, means –
(a) kept
in its original form; or
(b) copied
and kept in a computerised form;
“register”
means –
(a) a bound book not being a form of loose leaf
register or card index; or
(b) a computerised storage system of a type
approved by the Chief Pharmacist;
“registered nurse”
means a person registered under the Health Care (Registration) (Jersey) Law 1995
as a nurse;
“registered ambulance paramedic” means a person registered under the Health
Care (Registration) (Jersey) Law 1995 as an ambulance paramedic;
“registered premises”
means premises registered under Article 74 of the Medicines (Jersey) Law 1995;
“retail dealer”
means a person lawfully conducting a retail pharmacy business;
“Schedule 1 drug”
means a controlled drug specified in Schedule 1;
“Schedule 2 drug”
means a controlled drug specified in Schedule 2;
“Schedule 3 drug”
means a controlled drug specified in Schedule 3;
“Schedule 4 drug”
means a controlled drug specified in Schedule 4;
“Schedule 5 drug”
means a controlled drug specified in Schedule 5;
“Shipping Law”
means the Shipping (Jersey) Law 2002[8];
“veterinary prescription”
means a prescription issued by a veterinary surgeon for animal treatment;
“wholesale dealer”
means a person who carries on the business of selling controlled drugs to
persons who buy to them sell again.
(2) A
reference in this Order to a person –
(a) by
the office held by the person, is a reference to that person when acting in
that office;
(b) by
the profession of the person, is a reference to that person acting as a member
of that profession;
(c) by
the work undertaken by the person, is a reference to that person when
undertaking that work;
(d) by
the business the person is engaged in or conducting, is a reference to that
person when engaged in or conducting that business,
and is not a reference to the person when acting in any other
capacity.
PART 2
EXEMPTIONS
2 Exemptions for Schedule 5
drugs, poppy-straw and exempt products
(1) Articles 4(1) (importation
and exportation) and 8(1) (possession) of the Law do not have effect in respect
of a Schedule 5 drug.
(2) Articles 5
(production and supply) and 8(1) of the Law do not apply to poppy-straw.
(3) Articles 4(1), 5
and 8(1) of the Law do not have effect in respect of exempt products.
3 Provisions as to licences
(1) A
person may be authorized by a licence issued by the Minister under this Article –
(a) to
produce;
(b) to
supply;
(c) to offer
to supply; or
(d) to have
in his or her possession,
a controlled drug.
(2) If
a person is so authorized, it is not, by virtue of Article 5 or Article 8(1)
of the Law, unlawful for the person to produce, to be concerned in the
production of, to supply, to offer to supply or to have in the person’s
possession the controlled drug –
(a) in
accordance with the terms of the licence; and
(b) in
compliance with any conditions attached to the licence.
4 General authority to supply
and possess
(1) Despite
Article 5(b) of the Law –
(a) a
person who is lawfully in possession of a controlled drug may supply the drug
to the person from whom it was obtained;
(b) a person who 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 for the treatment of the person, or of a person
whom the person represents, may supply the drug to a doctor, dentist or
pharmacist for destruction;
(c) a person who is lawfully in possession of 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 veterinary surgeon may supply the drug to a veterinary
surgeon or a pharmacist for destruction;
(d) a person specified in
paragraph (2) may supply a controlled drug to a person who may
lawfully have the drug in his or her possession.
(2) The
persons mentioned in paragraph (1)(d) are –
(a) an employee of the Crown or of the States;
(b) a police officer;
(c) a person engaged in the business of a
carrier;
(d) a person engaged in the work of a laboratory
to which the drug has been sent for forensic examination;
(e) a person engaged in conveying the drug to a
person authorized by this Order to have the drug in his or her possession.
(3) Despite Article 8(1)
of the Law, a person mentioned in paragraph (2) may lawfully have any
controlled drug in his or her possession.
5 Administration of Schedules 2,
3, 4 and 5 drugs
(1) A person may administer
a Schedule 5 drug to another person.
(2) A doctor or dentist may
administer a Schedule 2 drug, a Schedule 3
drug or a Schedule 4
drug to his or her patient.
(3) A person may administer
a Schedule 2 drug, a Schedule 3 drug
or a Schedule 4 drug
to a patient in accordance with the directions of a doctor or dentist.
6 Production
and supply of Schedules 2, 3, 4 and 5 drugs
(1) A practitioner or
pharmacist may manufacture or compound a Schedule 2 drug,
a Schedule 3 drug,
a Schedule 4 drug
or a Schedule 5 drug.
(2) A person lawfully
conducting a retail pharmacy business may manufacture or compound a Schedule 2 drug,
a Schedule 3 drug,
a Schedule 4 drug or a Schedule 5
drug on the registered premises at
which the person carries on the business.
(3) Except as provided by
paragraph (5), a person specified in
paragraph (4), may supply or offer to supply a Schedule 2
drug, a Schedule 3
drug, a Schedule 4
drug or a Schedule 5
drug to a person who
may lawfully have the drug in his or her possession.
(4) The persons mentioned
in paragraph (3) are –
(a) a practitioner;
(b) a pharmacist;
(c) a person lawfully conducting a retail
pharmacy business;
(d) a nursing officer of a hospital or a nursing
home that, in either case, is under the administration of the States;
(e) a senior registered nurse in charge of a
ward, theatre or other department in a hospital or nursing home;
(f) the person in charge of a laboratory the recognized activities of which consist of or include the conduct
of scientific education or research;
(g) the Official Analyst, as defined by the Food Safety (Jersey) Law 1966[9];
(h) an authorized officer, as defined by the Food Safety (Jersey) Law 1966;
(i) an inspector, as defined by Article 17
of the Pharmacy
and Poisons (Jersey) Law 1952;
(j) an operating department
practitioner.
(5) Nothing
in paragraph (3) authorizes –
(a) the
nursing officer of a hospital or nursing home that has a pharmacist responsible
for the dispensing and supply of medicines, to supply or offer to supply a
drug;
(b) a
senior registered nurse in charge of a ward, theatre or other department in a
hospital or nursing home to supply or offer to supply a drug that was not supplied
to the nurse by the person responsible for the dispensing and supply of
medicines at the hospital or nursing home;
(c) a
senior registered nurse in charge of a ward, theatre or other department to
supply or offer to supply a drug otherwise than for administration to a patient
in the ward, theatre or department in accordance with the directions of a
doctor or dentist;
(d) an
operating department practitioner to supply or offer to supply a drug otherwise
than for administration to a patient in a ward, theatre or other department in
accordance with the directions of a doctor or dentist; or
(e) an operating department practitioner who is practising
in a hospital to supply or offer to supply a drug that was not supplied to the practitioner by a person responsible for
the dispensing and supply of medicines at the hospital.
(6) The owner or master of
a ship that does not carry a doctor among its seamen may supply or offer to
supply a Schedule 4 drug that is contained in a medical product or
a Schedule 2 drug,
a Schedule 3 drug or
a Schedule 5 drug –
(a) to a person on the ship in compliance with
the Shipping Law;
(b) to a person who may lawfully supply the drug
to the owner or master; or
(c) to a person authorized to be in possession of
the drug for destruction.
(7) Despite Article 5(b)
of the Law, a person in charge of a laboratory may supply or offer to supply a Schedule 3 drug
to a person who may lawfully have the drug in his or her possession if it is
required for use as a buffering agent in chemical analysis.
7 Possession
of Schedules 2, 3, and 4 drugs
(1) A person authorized to
supply a Schedule 2 drug, a Schedule 3
drug or a Schedule 4
drug under Article 6(3) may have
such a drug in his or her possession for the purposes of that supply.
(2) Except
as provided by paragraphs (3) and (4), a person may have in his or her
possession a Schedule 2 drug, a
Schedule 3 drug or a
Schedule 4 drug for
administration for medical, dental or veterinary purposes in accordance with
the directions of a practitioner.
(3) Paragraph (2)
does not have effect in respect of a person to whom a drug was supplied by or on
the prescription of a doctor if at the time of the supply of the drug or
prescription –
(a) the
person was being supplied with any controlled drug by or on the prescription of
another doctor; and
(b) the
person failed to disclose that fact to the first mentioned doctor.
(4) Nor
does paragraph (2) have effect if –
(a) the
person to whom the drug was supplied by or on the prescription of a doctor; or
(b) a
person acting on the person’s behalf,
made a declaration or statement that was false in any particular to
obtain the supply or prescription.
(5) The owner or master of
a ship that does not carry a doctor among its seamen may have in his or her
possession –
(a) a Schedule 2 drug
or a Schedule 3 drug; or
(b) a Schedule 4 drug
contained in a medicinal product,
so
far as is necessary to do so to comply with the Shipping Law.
(6) The master of a foreign
ship that is in a port in Jersey may have in his or her possession –
(a) a Schedule 2 drug or
Schedule 3 drug; or
(b) a Schedule 4 drug
contained in a medicinal product,
in
so far as is necessary to do so for
the equipment of the ship.
8 Exemption
for midwives
(1) A midwife may posses
and administer a relevant controlled drug in so far as is necessary to do so in
the professional practice of the midwife.
(2) A
midwife may surrender to the Medical Officer a relevant controlled drug in the midwife’s
possession that is no longer required by the midwife.
(3) Nothing in this Article
authorizes a midwife to have in his or her possession a controlled drug that
has not been obtained on a midwife’s supply order signed by the Medical
Officer.
(4) In this Article –
“midwife’s supply order” means a written, order that
specifies –
(a) the
name of the midwife obtaining the drug;
(b) the
type of drug to be obtained;
(c) the
total quantity to be obtained; and
(d) the
purpose for which it is to be obtained;
“relevant controlled drug” means a
controlled drug that a midwife may lawfully administer under the Medicines
(Jersey) Law 1995.
9 Exemption for registered
ambulance paramedics
(1) A registered ambulance paramedic may posses
and administer a relevant controlled drug in so far as is necessary to do so in
the professional practice of the registered ambulance paramedic.
(2) A registered ambulance paramedic may
surrender to the Chief Ambulance
Officer a relevant controlled drug in the
registered ambulance paramedic’s possession that is no longer required by
the registered ambulance paramedic.
(3) Nothing in this Article authorizes a
registered ambulance paramedic to have in his or her possession a controlled
drug that has not been obtained on a registered ambulance paramedic’s
supply order signed by the Chief
Ambulance Officer.
(4) In this Article –
“registered ambulance
paramedic’s supply order” means a written, order that
specifies –
(a) the name of the registered ambulance
paramedic obtaining the drug;
(b) the type of drug to be obtained; and
(c) the total quantity to be obtained.
“relevant controlled
drug” means a controlled drug that a registered ambulance paramedic may
lawfully administer under the Medicines (Jersey) Law 1995.
10 Cultivation
of cannabis plant under licence
(1) A
person may be authorized by a licence issued by the Minister under this Article
to cultivate plants of the genus Cannabis.
(2) If
a person is so authorized, it is not unlawful for the person to cultivate the
plant –
(a) in
accordance with the terms of the licence; and
(b) in
compliance with any conditions attached to the licence.
11 Exemption
for authorized needle supply services
(1) This
Article applies to a person who acts on behalf of a service provided by or on
behalf of the States to enable syringes, and associated articles to be supplied
to reduce the spread of disease.
(2) A
person so acting does not commit an offence by supplying –
(a) sterile
syringes and needles;
(b) swabs;
(c) utensils
for the preparation of a controlled drug;
(d) citric
acid;
(e) filters;
(f) ampoules
of sterile water; or
(g) ascorbic
acid.
PART 3
General
12 Documents to be
obtained by a person indirectly supplying controlled drugs to a person
(1) Except as provided by
Article 15, this Article applies where a person (“the supplier”),
not being a practitioner, is required to supply a controlled drug, otherwise
than on a prescription, to a person (“the recipient”) –
(a) who purports to have been sent by or
on behalf of the person to whom the drug is to be supplied; and
(b) who is not authorized by this Order, other
than by Article 4(3), to have the drug in his or her possession.
(2) The
supplier must not supply the drug to the recipient unless –
(a) the
recipient produces a written statement signed by the person to whom the drug is to be supplied
to the effect that the recipient is empowered to receive the drug on behalf of
the person to whom the drug is to be supplied; and
(b) the
supplier is reasonably satisfied that the document is genuine.
13 Documents
to be obtained by a person supplying controlled drugs to certain persons
(1) Except as provided by
Article 15, this Article applies where a person (“the
supplier”) supplies a controlled drug, otherwise than on a prescription
or by way of administration, to a person specified in paragraph (6)
(“the recipient”).
(2) The supplier must not
deliver the drug to the recipient until the supplier –
(a) has obtained a written
requisition that complies with paragraph (3); and
(b) is reasonably satisfied
as to the matters specified in paragraph (5) with respect to the
requisition.
(3) The
requisition must –
(a) be signed by the recipient;
(b) state the name, address
and profession or occupation of the recipient;
(c) state the type of drug
required;
(d) specify the purpose for
which the drug is required;
(e) specify the total
quantity of the drug to be supplied; and
(f) where
appropriate, satisfy the requirements of paragraph (4).
(4) Those requirements are –
(a) if provided by the nursing officer of a
hospital or nursing home, that the requisition is signed by a doctor or dentist
employed or engaged in the hospital or nursing home; or
(b) if provided by the master of a foreign ship,
that the requisition contains a statement, signed by the Medical Officer, that
the quantity of the drug to be supplied is the quantity necessary for the
equipment of the ship.
(5) The matters mentioned
in paragraph (2)(b) are –
(a) that
the signature on the requisition is that of the person purporting to have
signed it; and
(b) that
the person is engaged in the profession or occupation specified in the
requisition.
(6) The persons mentioned
to in paragraph (1) are –
(a) a practitioner;
(b) the nursing officer of a hospital or nursing
home;
(c) a person who is in charge of a laboratory,
the activities of which include scientific education or research;
(d) the owner or master of a ship that does not
carry a doctor among its crew;
(e) the master of a foreign ship in a port in
Jersey.
(7) Except as provided by
paragraph (8), the supplier must, after fulfilling a requisition (other
than a veterinary requisition) mentioned in paragraph (3) –
(a) mark on it indelibly his or her name and
address; and
(b) send it to the Chief Pharmacist in accordance
with arrangements specified by the Chief Pharmacist.
(8) Paragraph (7) does not
apply if the supplier is –
(a) a wholesale dealer; or
(b) a person responsible for the dispensing and
supply of medicines at a hospital or care home.
(9) In this Article, “veterinary
requisition” means a requisition that states, in accordance with paragraph (3)(b),
that the recipient is a veterinary surgeon.
14 Documents
to be obtained by a person supplying controlled drugs at a hospital or nursing
home
(1) Except as provided by
Article 15, this Article applies where a person who is responsible for
dispensing and supplying medicines at a hospital or nursing home (“the
supplier”) is required to supply a controlled drug to the senior
registered nurse in charge of a ward, theatre or other department in the
hospital or nursing home (“the recipient”).
(2) The supplier must –
(a) before supplying the drug, obtain a written
requisition signed by the recipient that specifies the drug to be supplied, and
the total quantity to be supplied; and
(b) after supplying the drug, mark the
requisition to show that it has been complied with.
(3) The
supplier must ensure that the requisition is retained in the dispensary at
which the drug was dispensed for at least 2 years.
(4) The
recipient must retain a copy of the requisition or a note of it for at least
2 years.
15 Exemptions
(1) Nothing in Article 12, Article 13
or Article 14 applies to –
(a) a Schedule 4 or a Schedule 5 drug;
(b) poppy-straw; or
(c) an exempt product.
(2) Nor does anything in those Articles apply to
a Schedule 3 drug contained in or comprising a preparation
that –
(a) is required for use as a buffering agent in
chemical analysis;
(b) has present in it both a substance specified
in paragraph 1 or 2 of Schedule 3 and a salt of that substance; and
(c) is premixed in a kit,
if the recipient is a person in
charge of a laboratory.
16 Form
of prescriptions
(1) This Article applies to
a prescription for the supply of a Schedule 1 drug,
a Schedule 2 drug
or a Schedule 3 drug.
(2) A person must not issue
a prescription to which this Article applies unless the prescription complies
with this Article.
(3) A prescription must –
(a) be written so as to be indelible;
(b) be dated;
(c) be signed by the person issuing it with his
or her usual signature; and
(d) use the metric system to specify the dosage, strength or
quantity of the drug to be supplied in accordance with the prescription.
(4) A
prescription,
other than one issued by a veterinary surgeon, must specify the name and address of the person for whose treatment the
prescribed drug is to be supplied unless, in the case of a prescription for the
supply of a drug for a patient in a hospital, the prescription is written on
the patient’s ward chart.
(5) A
prescription issued by a veterinary surgeon must specify the name and address
of the person to whom the prescribed drug is to be supplied.
(6) A
prescription
must specify the address of the person issuing it except in the case of a
health prescription.
(7) A
prescription
must specify the dose to be taken.
(8) If
a prescription is for the supply a drug that is a preparation, the prescription
must specify –
(a) the form and, where
appropriate, the strength of the preparation; and
(b) either the total
quantity (in both words and figures) of the preparation to be supplied or the
number (in both words and figures) of dosage units to be supplied,
but
in any other case, the prescription must specify the total quantity (in both
words and figures) of the drug to be supplied.
(9) If a prescription is for a total quantity
intended to be dispensed by instalments, the prescription must specify –
(a) the
amount of each instalment; and
(b) the
intervals to be observed between each instalment.
(10) If a prescription is issued by a dentist, the prescription
must have written on it the words “for dental treatment only”.
(11) If a prescription is issued by a veterinary
surgeon, the prescription must contain a declaration that the drug is
prescribed for an animal or a herd under the care of the person issuing the
prescription.
(12) If the prescription is for private prescribing,
the prescription must –
(a) be
written on a prescription form approved for the purpose by the Minister; and
(b) specify the prescriber identification number
of the person issuing the prescription,
unless the person issuing the prescription believes on reasonable grounds
that the drug will be supplied by a pharmacist in a hospital.
17 Provisions
as to supply on prescription
(1) This Article applies to
the supply on prescription of a Schedule 1 drug, a Schedule 2
drug or a Schedule 3
drug.
(2) A person must not
supply the drug unless –
(a) the prescription complies with Article 16;
and
(b) the address specified in the prescription as
the address of the person issuing it is an address in Jersey.
(3) Also, a person must not supply the drug
unless the person –
(a) is
acquainted with the signature of the person by whom the prescription purports
to be issued and has no reason to believe that the signature is not genuine; or
(b) has
taken reasonably sufficient steps to satisfy himself or herself that the
signature is genuine.
(4) A person must not
supply a drug –
(a) before the appropriate date specified in
a prescription; or
(b) except as provided by paragraph (13),
more than 4 weeks after that date.
(5) In paragraph (4)
“appropriate date”, in respect of a prescription,
means –
(a) the date the prescription is signed,
dated and issued by the person issuing it; or
(b) if the prescription specifies a date before
which the drug specified in the prescription must not be supplied, the date so
specified,
being whichever date is the
later.
(6) Paragraph (7)
applies where a prescription –
(a) contains a minor typographical error or a spelling mistake; or
(b) specifies a total quantity of a drug or a
number of dosage units in
either words or figures but not both.
(7) Despite
paragraph (2)(a), a pharmacist may supply a drug if the pharmacist is
satisfied on reasonable grounds –
(a) that the prescription is genuine; and
(b) that the drug is being supplied in
accordance with the intention of the person who issued the prescription.
(8) If the pharmacist does
supply the drug, the pharmacist must –
(a) amend the prescription indelibly to correct
the error or omission; and
(b) mark the prescription to show that the
amendment was made by the pharmacist.
(9) A person who supplies a
drug specified in a prescription must, at the time of supply, mark on the prescription the date
of the supply.
(10) Except in the case of a veterinary prescription or
if it is impractical to do so, a person who supplies a
drug specified in a prescription must also, at the time of supply, require the person receiving the
drug to sign the back of the prescription as evidence of the receipt of the
drug.
(11) A person
who supplies a drug specified in a prescription issued by a
veterinary surgeon must retain the prescription on the premises from which the
drug was supplied.
(12) If a prescription is for a total
quantity of a drug to be dispensed by instalments
a person must not supply the drug except in accordance with the prescription.
(13) Where paragraph (12)
applies –
(a) paragraph (4) has effect as if for the
requirement contained in it there were substituted a requirement that the first
instalment must be supplied not more than 4 weeks after the appropriate
date specified in the paragraph; and
(b) paragraph (9) has effect as if for the
words “at the time of supply” there were substituted the words
“on each occasion on which an instalment is supplied”.
(14) A person
who supplies a drug on a prescription (other than a health prescription or a
veterinary prescription) must send the prescription or a copy of it to the
Chief Pharmacist in accordance with arrangements specified by the Chief
Pharmacist.
(15) However,
paragraph (14) does not apply if the person who supplies the drug is a
person responsible for the dispensing and supply of medicines at a hospital or
care home.
18 Provisions
as to supply of Schedule 2 drugs on prescription
(1) This Article applies
where a person is asked to supply a Schedule 2 drug
on prescription.
(2) The person must first
ascertain if the person collecting the drug is –
(a) the patient or the patient’s
representative; or
(b) a healthcare professional acting in his or
her professional capacity on behalf of the patient.
(3) If the person collecting
the drug is the patient or the patient’s representative, the person
supplying the drug –
(a) may request evidence of that person’s
identity; and
(b) may refuse to supply the drug until satisfied
as to the identity of the person.
(4) If the person collecting
the drug is a healthcare professional acting in his or her professional
capacity on behalf of the patient, the person supplying the drug –
(a) must obtain the name and address of the
healthcare professional; and
(b) must, unless acquainted with the healthcare
professional, request evidence of the his or her identity,
but
may still supply the drug although not satisfied of the identity of the healthcare
professional.
(5) In this Article –
“healthcare
professional” means a doctor, a dentist, a pharmacist and a person
registered under the Health Care (Registration) (Jersey) Law 1995;
“patient”,
in respect of a prescription for a Schedule 2 drug, means the person named
in the prescription as the person to whom the drug is to be supplied;
“patient’s
representative” means a person sent by or on behalf of the patient not
being a healthcare professional acting in his or her professional capacity.
19 Provisions as to
supply of Schedule 4 drugs on prescription
(1) This Article applies
where a person is asked to supply on prescription a Schedule 4 drug.
(2) The person must not
supply the drug –
(a) before the appropriate date specified in
the prescription; or
(b) except as provided by paragraph (4),
more than 4 weeks after that date.
(3) In paragraph (2)
“appropriate date”, in respect of a prescription,
means –
(a) the date the prescription is signed,
dated and issued by the person issuing it; or
(b) if the prescription specifies a date before
which the drug specified in the prescription must not be supplied, the date so
specified,
being whichever date is the
later.
(4) If a prescription is for a total
quantity of a drug to be dispensed by instalments,
the person supplying the drug must not supply the drug except in accordance
with the prescription.
(5) Where paragraph (4)
applies, paragraph (2)
has effect as if for the requirement contained in it there were substituted a
requirement that the first instalment must be supplied not more than 4 weeks
after the appropriate date specified in the paragraph.
20 Marking
of bottles and other containers
(1) Except as provided by paragraphs (2)
and (3), a person must not supply a controlled drug in a bottle, package or
other container (“a container”) that does not comply with this
Article.
(2) Paragraph (1) does
not apply to the supply of –
(a) a Schedule 4 drug or a Schedule 5
drug;
(b) poppy-straw;
(c) a controlled drug by or on the prescription
of a practitioner;
(d) a controlled drug for administration in a
clinical trial or a medicinal test on animals; or
(e) an exempt product.
(3) Nor
does paragraph (1) apply to a Schedule 3 drug contained in or comprising a
preparation that –
(a) is
required for use as a buffering agent in chemical analysis;
(b) has
present in it both a substance specified in paragraph 1 or paragraph 2
of Schedule 3 and a salt of that substance; and
(c) is
premixed in a kit.
(4) If
a container contains a controlled drug that is not a preparation, it must be
clearly marked with the amount of the drug it contains.
(5) If
a container contains a controlled drug that is a preparation made up into
tablets, capsules or other dosage units, it must be clearly marked with –
(a) the
amount of each component (being a controlled drug) of the preparation in each
dosage unit; and
(b) the
number of dosage units in the container.
(6) If
a container contains a controlled drug that is a preparation but is not made up
into tablets, capsules or other dosage units, it must be clearly marked with –
(a) the
total amount of the preparation in the container; and
(b) the percentage of each
of its components that is a controlled drug.
(7) In paragraph (2)(d) –
“clinical trial” has the same meaning as is given to
that expression by Article 32(1) of the Medicines (Jersey) Law 1995;
“medicinal test on
animals” has the same meaning as is given to that expression by Article
33(4) of the Medicines (Jersey) Law 1995.
21 Keeping of
registers
(1) Except as provided by paragraph (2),
a person –
(a) who
is authorized by or under Article 4 or Article 6 to supply a Schedule 1 drug or Schedule 2 drug; and
(b) who
supplies those drugs whether by way of administration or otherwise and whether to persons
within or outside Jersey,
must keep a register in accordance with this Article.
(2) This Article does not apply to –
(a) a practitioner, pharmacist or veterinary
surgeon in the case of a drug supplied to the practitioner, pharmacist or
veterinary surgeon for destruction pursuant to Article 4(1)(b) or (c);
(b) a person licensed under Article 3 to
supply a drug, where the licence so directs; or
(c) the
senior registered nurse in charge of a ward, theatre or other department in a
hospital or nursing home.
(3) Entries in the register
must be made in chronological sequence.
(4) Particulars must be
entered of each quantity of a Schedule 1 drug or a Schedule 2
drug –
(a) obtained
by the person; or
(b) supplied
by the person.
(5) A separate part of the
register or a separate register must be used for entries made in respect of
each different formulation and strength of a Schedule 1 and
a Schedule 2 drug.
(6) The register must have
the following headings for drugs obtained by the person –
(a) Date
supply received;
(b) Name
and address from whom received;
(c) Quantity
received.
(7) The register must have
the following headings for drugs supplied by the person –
(a) Date
supplied;
(b) Name/Address
of person or firm supplied;
(c) Details
of authority to posses – prescriber or licence holder’s
details;
(d) Quantity
supplied;
(e) Person
collecting Schedule 2 controlled drugs (patient/patient’s
rep/healthcare professional) and if healthcare professional, name and address;
(f) Was
proof of identity requested of patient/patient’s rep (Yes/No);
(g) Was
proof of identity of person collecting provided (Yes/No).
(8) Entries in the register
under the heading mentioned in paragraph (7)(e), (f) and (g) are only to
be made in respect of a Schedule 2 drug.
(9) In the separate part of
the register or the separate register used for each class of drug, a separate
page must be used for each strength and each form of the drug and the head of
each page must specify the class of the drug and its strength and form.
(10) Each entry in the register
must be made –
(a) on the day on which the
drug is obtained or supplied; or
(b) if this is not
reasonably practicable, on the next day.
(11) An entry in the register must
not be cancelled, obliterated or altered but may be corrected by way of a marginal
note or footnote that specifies the date on which the correction was made.
(12) Each entry in the register and
any correction of an entry –
(a) must be made in ink or
otherwise so as to be indelible; or
(b) must be in a
computerised form in which every entry or correction is attributable and
capable of being audited.
(13) A person required to keep a
register under this Article must keep a separate register for each premises at
which the person carries on his or her business or occupation.
(14) But otherwise a person must
not keep more than one register at one time in respect of each formulation and
strength of a drug in respect of which the person is required to keep a separate
part of a register or a separate register.
(15) However, a separate register
may, with the written approval of the Minister, be kept by a person in respect
of each department of the business carried on by the person.
(16) A register in which entries
are currently being made must be kept at the premises to which it relates.
(17) A register may be used to
record information additional to that required under this Article but must not
be used for a purpose unrelated to this Order.
22 Record-keeping
requirements in respect of ships
(1) This Article applies
where a Schedule 2 drug is supplied to a person on a
ship under Article 6(6)(a).
(2) Where this Article
applies –
(a) an
entry in the official log book required to be kept under the Shipping Law; or
(b) in
the case of a ship that is not required to carry an official log book, a report
signed by the master of the ship,
shall be taken to be a sufficient record of the supply if the entry
or report specifies the drug supplied and, in the case of a report, it is
delivered as soon practicable to the Medical Officer.
23 Record
keeping by midwives
(1) This Article applies to
a midwife who is authorized by Article 8 to have in his or her possession
a Schedule 2 drug.
(2) The
midwife must keep a book solely for the purpose of this Article.
(3) Each
time the midwife obtains a supply of a Schedule 2 drug he or she must,
enter in the book kept for the purpose of this Article –
(a) the
date of the supply;
(b) details
of the type of drug obtained;
(c) details
of the amount obtained;
(d) the
name and address of the person from whom the drug was obtained; and
(e) details
of the form in which it was obtained.
(4) Each
time the midwife administers to a patient a Schedule 2 drug, he or she must enter in the book kept
for the purpose of this Article –
(a) the
date of the administration;
(b) the
name and address of the patient;
(c) the
type of drug administered;
(d) the
amount administered; and
(e) the
form in which it was administered.
(5) The
midwife must make an entry required to be made under this Article as soon as
practicable after obtaining or administrating the drug.
(6) A book kept for the
purpose of this Article may be used to record information additional to that
required under this Article but must not be used for a purpose unrelated to
this Order.
24 Record
keeping by registered ambulance paramedics
(1) This Article applies to
a registered ambulance paramedic
who is authorized by Article 9 to have in his or her possession a Schedule 2 drug.
(2) The
registered ambulance paramedic must keep a book solely for the purpose of this Article.
(3) Each
time the registered ambulance paramedic obtains a supply of a Schedule 2 drug he or she must enter in the
book kept for the purpose of this Article –
(a) the
date of the supply;
(b) details
of the type of drug obtained;
(c) details
of the amount obtained;
(d) the
name and address of the person from whom the drug was obtained; and
(e) details
of the form in which it was obtained.
(4) Each
time the registered ambulance paramedic administers to a person a Schedule 2 drug, he or she must enter in the book kept
for the purpose of this Article –
(a) the
date of the administration;
(b) if
practical, the name and address of the person;
(c) the
type of drug administered;
(d) the
amount administered; and
(e) the
form in which it was administered.
(5) The
registered ambulance paramedic must make an entry required to be made under this Article as soon
as practicable after obtaining or administration of the drug.
(6) A book kept for the
purpose of this Article may be used to record information additional to that
required under this Article but must not be used for a purpose unrelated to
this Order.
25 Record-keeping
requirements in respect of Schedules 3 and 4 drugs
(1) A person who is licensed
under Article 3 (licence)
to produce a Schedule 3 drug
or a Schedule 4 drug
must make a record of each quantity of the drug the person produces.
(2) A person who is
authorized by or under the Law to import or export a Schedule 3 drug
must make a record of each quantity of the drug the person imports or exports.
(3) Paragraph (2) shall
not have effect in relation to a person licensed under the Law to import or
export any drug where the licence so directs.
26 Prescription
records for Schedules 2 and 3 drugs
(1) In this Article –
“record”
means a record made –
(a) on
a card; or
(b) in
a computerised storage system,
of a type approved for
the purpose by the Chief Pharmacist;
“relevant
prescription” means a prescription for a specified drug;
“specified drug”
means a Schedule 2 drug or a Schedule 3 drug.
(2) This Article applies to
a doctor or dentist who issues a relevant prescription.
(3) A doctor or dentist to
whom this Article applies must keep in accordance with this Article a record of
each relevant prescription that he or she issues.
(4) Paragraph (3) does
not apply if the doctor or dentist is employed by the States
Employment Board and is prescribing in the course of that employment, a
specified drug that is to be dispensed at the pharmaceutical department of the
general hospital.
(5) The record must show to
whom the relevant prescription was issued and must include –
(a) the
date of issue of the prescription;
(b) the
name of the drug prescribed;
(c) the
strength prescribed;
(d) the
total quantity prescribed; and
(e) the
dosage and frequency of administration prescribed.
(6) The particulars
described in paragraph (5) must be entered in the record –
(a) on
the day on which the relevant prescription is issued; or
(b) if
that is not reasonably practicable, on the next day.
(7) An entry in a record
must not be cancelled, deleted, obliterated or altered but a note may be added
to a record by way of correction that explains why the correction was necessary
and when the note was added.
27 Documents to be
kept in respect of Schedules 3 and 5 drugs
(1) A person who produces a
Schedule 3 drug or a Schedule 5
drug must keep each invoice or other
like record issued in respect of –
(a) each
quantity of the drug obtained by the person; and
(b) each
quantity of the drug supplied by the person.
(2) A
person who is a wholesale dealer in a Schedule 3 drug or a Schedule 5 drug must keep each invoice or other like
record issued in respect of –
(a) each
quantity of the drug obtained by the person; and
(b) each
quantity of the drug supplied by the person.
(3) A person who is a
retail dealer in a Schedule 3 drug or a Schedule 5
drug must keep each invoice or other
like record issued in respect of –
(a) each
quantity of the drug obtained by the person; and
(b) each
quantity of the drug supplied by the person.
(4) A person in charge of a
hospital or nursing home who obtains a Schedule 3 drug from
a retail dealer must keep each invoice or other like record issued in respect
of each quantity of the drug obtained from the retail dealer.
(5) A person in charge of a
laboratory who obtains a Schedule 3 drug from a retail dealer must keep
each invoice or other like record issued in respect of each
quantity of the drug obtained from the retail dealer.
(6) A
person who issues a document that is required to be kept under this Article
must ensure that it contains information sufficient to
identify –
(a) the
date of the transaction; and
(b) the
person by whom and to whom the drug was supplied.
28 Preservation
of registers, books and other documents
(1) A person who is
required to make a record pursuant to Article 25 must preserve the record
for at least 2 years from the date on which the record was made.
(2) A person who is
required to keep a register or book pursuant to Article 21, 23(2), 24(2),
26 or 31(7) must preserve the register or book for at least 5 years from
the date on which the last entry was made in it.
(3) A person who is
required to keep an invoice or other like record pursuant to Article 27 must
preserve the invoice or other like record for at
least 2 years from the date on which it was issued.
(4) A doctor or dentist who
maintains a prescription
record in respect of an individual must
preserve the record for at least 5 years from the date on which the last
entry was made in it.
(5) A person who is
required, pursuant to this Order, to keep a requisition, order or prescription
on which a controlled drug is supplied must preserve the requisition, order or
prescription for at least 2 years from the date on which the last delivery
under it was made.
(6) However,
paragraph (5) does not apply if Article 13(7)(b) or
Article 17(14) applies.
29 Furnishing of
information with respect to controlled drugs
(1) The Article applies
to –
(a) a
person authorized by or under this Order to produce a controlled drug;
(b) a
person authorized by or under the Law to import or export a controlled drug;
(c) a
wholesale dealer;
(d) a
retail dealer;
(e) a
practitioner;
(f) a
person in charge of a hospital or nursing home;
(g) a
person in charge of a laboratory;
(h) a
pharmacist.
(2) A person to whom this
Article applies must on demand made by the Minister or by a person authorized
in writing by the Minister –
(a) provide
any information requested in respect of any controlled drug produced, obtained,
supplied or destroyed by the person or in respect of any stock of controlled
drugs in the person’s possession;
(b) produce
any stock of controlled drugs in the person’s possession;
(c) produce
any register, book or document required to be kept by the person pursuant to
this Order and, if any such register, book, or document is kept in a
computerised form, produce it in a legible form.
(3) Nothing in this Article
is to be taken as requiring a person to provide a personal record –
(a) that a person has
acquired or created in the course of the person’s profession or
occupation; and
(b) that the person holds
in confidence.
(4) In paragraph (3) “personal
record” means a documentary or other record –
(a) that
concerns an individual (whether living or dead) who can be identified from the
record; and
(b) that
relates to the person’s physical or mental health.
30 Furnishing of
information to the Medical Officer
A doctor or dentist must, on written demand made by the Medical
Officer, produce any prescription record maintained by the doctor or dentist in
respect of an individual specified in the demand.
31 Destruction of
controlled drugs
(1) This Article applies to
a person who is required to keep a record in respect of a Schedule 1 drug,
a Schedule 2 drug, a Schedule 3 drug or a
Schedule 4 drug under any provision of, or by any term or condition of a
licence that has effect under this Order.
(2) The person must not
destroy or cause such a drug to be destroyed except in the presence of and in
accordance with any direction given by an authorized person.
(3) An authorized person
may take a sample of the drug for analysis before it is destroyed.
(4) A person to whom this
Article applies must record in the record mentioned in paragraph (1) –
(a) particulars
of any controlled drugs destroyed by the person;
(b) the
date of the destruction; and
(c) the
quantity destroyed,
and must have the
record signed by the authorized person in whose presence the drugs were
destroyed.
(5) If the master or owner
of a ship has possession of a Schedule 2 drug
that the master or owner no longer requires, the master or owner –
(a) must
not destroy the drug or cause it to be destroyed; but
(b) must
dispose of it to a police officer or to a person who may lawfully supply it.
(6) Paragraphs (2) and (4)
do not apply to the destruction of a drug that has been supplied to a doctor,
dentist, pharmacist or veterinary surgeon for destruction under
Article 4(1)(b) or (c).
(7) However, a doctor,
dentist, pharmacist or veterinary surgeon must keep a register of any Schedule 1
drug or Schedule 2 drug that is returned to him or her for destruction.
(8) A register kept
pursuant to paragraph (7) must contain –
(a) the
date of return of the drug;
(b) the
name, form, strength and quantity of the drug;
(c) the
name and signature of the person who received the drug;
(d) the
patient’s name and address (if known);
(e) the
date of destruction of the drug; and
(f) the
name, position and signature of both the person destroying the drugs and the
witness.
(9) In this Article
“authorized person” means a person authorized by the Minister for
the purposes of this Article.
PART
4
Revocation and CITATION
32 Revocation
and savings
(1) The
Misuse of Drugs (General Provisions) (Jersey) Order 1989[10] is revoked.
(2) A
licence issued under the Order mentioned in paragraph (1) and in force
immediately before the revocation of the Order continues in force as if it were
a licence issued under this Order.
(3) A
record, register, requisition, prescription or other document that was being
preserved pursuant to the Order mentioned in paragraph (1) immediately
before the revocation of the Order must continue to be preserved as if the
obligation to preserve the record, register, requisition, prescription or other
document had arisen under this Order but for a total period equal to the period
prescribed by this Order.
33 Citation and commencement
(1) This
Order may be cited as the Misuse of Drugs (General Provisions) (Jersey) Order 2009.
(2) It
shall come into force on 1st May 2009.
senator j.l. perchard
Minister for Health and Social Services
SCHEDULE 1
(Article 1)
Schedule 1 DRUGS
1 The
following substances and products namely –
(a) Amphetamine
Bufotenine
Cannabinol
Cannabinol
derivatives except dronabinol and except any sterio-isomer of dronabinol
Cannabis
and cannabis resin
Cathinone
Coca
leaf
Concentrate
of poppy-straw
Eticyclidine
Etryptamine
Gammahydroxybutyrate
Lysergamide
Lysergide
and other N-alkyl derivatives of lysergamide
Mescaline
Methcathinone
Methylamphetamine
Psilocin
Raw
opium
Rolicyclidine
Tenocyclidine
4-Bromo-2,5-dimethoxy-
a -methylphenethylamine
N,N-Diethyltryptamine
N,N-Dimethyltryptamine
2,5-Dimethoxy-a,
4-dimethylphenethylamine
N-Hydroxy-tenamphetamine
4-Methyl-aminorex
(b) any compound (not being a compound specified
in sub-paragraph (a)) structurally derived from tryptamine or from a
ring-hydroxy tryptamine by substitution at the nitrogen atom of the sidechain
with one or more alkyl substituents but no other substituent;
(c) the following phenethylamine derivatives,
namely –
Allyl(a-methyl-3,4-methylenedioxyphenethyl)amine
2-Amino-1-(2,5-dimethoxy-4-methylphenyl)ethanol
2-Amino-1-(3,4-dimethoxyphenyl)ethanol
Benzyl(a-methyl-3,4-methylenedioxyphenethyl)amine
4-Bromo-b,2,5-trimethoxyphenethylamine
N-(4-sec-Butylthio-2,5-dimethoxyphenethyl)hydroxylamine
Cyclopropylmethyl(a-methyl-3,4-methylenedioxyphenethyl)amine
2-(4,7-Dimethoxy-2,3-dihydro-1H-indan-5-yl)ethylamine
2-(4,7-Dimethoxy-2,3-dihydro-1H-indan-5-yl)-1-methylethylamine
2-(2,5-Dimethoxy-4-methylphenyl)cyclopropylamine
2-(1,4-Dimethoxy-2-naphthyl)ethylamine
2-(1,4-Dimethoxy-2-naphthyl)-1-methylethylamine
N-(2,5-Dimethoxy-4-propylthiophenethyl)hydroxylamine
2-(1,4-Dimethoxy-5,6,7,8-tetrahydro-2-naphthyl)ethylamine
2-(1,4-Dimethoxy-5,6,7,8-tetrahydro-2-naphthyl)-1-methylethylamine
a,a-Dimethyl-3,4-methylenedioxyphenethylamine
a,a-Dimethyl-3,4-methylenedioxyphenethyl(methyl)amine
Dimethyl(a-methyl-3,4-methylenedioxyphenethyl)amine
N-(4-Ethylthio-2,5-dimethoxyphenethyl)hydroxylamine
4-Iodo-2,5-dimethoxy-a-methylphenethyl(dimethyl)amine
2-(1,4-Methano-5,8-dimethoxy-1,2,3,4-tetrahydro-6-naphthyl)ethylamine
2-(1,4-Methano-5,8-dimethoxy-1,2,3,4-tetrahydro-6-naphthyl)-1-methylethylamine
2-(5-Methoxy-2,2-dimethyl-2,3-dihydrobenzo[b]furan-6-yl)-1-methylethylamine
2-Methoxyethyl(a-methyl-3,4-methylenedioxyphenethyl)amine
2-(5-Methoxy-2-methyl-2,3-dihydrobenzo[b]furan-6-yl)-1-methylethylamine
b-Methoxy-3,4-methylenedioxyphenethylamine
1-(3,4-Methylenedioxybenzyl)butyl(ethyl)amine
1-(3,4-Methylenedioxybenzyl)butyl(methyl)amine
2-(a-Methyl-3,4-methylenedioxyphenethylamino)ethanol
a-Methyl-3,4-methylenedioxyphenethyl(prop-2-ynyl)amine
N-Methyl-N-(a-methyl-3,4-methylenedioxyphenethyl)hydroxylamine
O-Methyl-N-(a-methyl-3,4-methylenedioxyphenethyl)hydroxylamine
a-Methyl-4-(methylthio)phenethylamine
b,3,4,5-Tetramethoxyphenethylamine
b,2,5-Trimethoxy-4-methylphenethylamine
(d) any compound (not being methoxyphenamine or
a compound specified in sub-paragraph (a)) structurally derived from
phenethylamine, an N-alkylphenethylamine, a methylphenethylamine, an N-alkyl- a-methylphenethylamine, a -ethylphenethylamine, or an N-alkyl- a -ethylphenethylamine by substitution in the ring to any extent with
alkyl, alkoxy, alkylenedioxy or halide substituents, whether or not further
substituted in the ring by one or more other univalent substituents;
(e) any compound (not being a compound specified
in Schedule 2) structurally derived from fentanyl by modification in any
of the following ways, that is to say –
(i) by replacement of
the phenyl portion of the phenethyl group by any heteromonocycle whether or not
further substituted in the heterocycle,
(ii) by substitution
in the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy, halogeno,
haloalkyl, amino or nitro groups,
(iii) by substitution in the
piperidine ring with alkyl or alkenyl groups,
(iv) by substitution in the
aniline ring with alkyl, alkoxy, alkylenedioxy, halogeno or haloalkyl groups,
(v) by substitution at the
4-position of the piperidine ring with any alkoxycarbonyl or alkoxyalkyl or
acyloxy group,
(vi) by replacement of the
N-propionyl group by another acyl group;
(f) any compound (not being a compound
specified in Schedule 2) structurally derived from pethidine by
modification in any of the following ways, that is to say –
(i) by replacement of
the 1-methyl group by an acyl, alkyl whether or not unsaturated, benzyl or
phenethyl group, whether or not further substituted,
(ii) by substitution
in the piperidine ring with alkyl or alkenyl groups or with a propano bridge,
whether or not further substituted,
(iii) by substitution in the
4-phenyl ring with alkyl, alkoxy, aryloxy, halogeno or haloalkyl groups,
(iv) by replacement of the
4-ethoxycarbonyl by any other alkoxycarbonyl or any alkoxyalkyl or acyloxy
group,
(v) by formation of an
N-oxide or of a quaternary base.
2 Any
stereoisomeric form of a substance specified in paragraph 1.
3 Any
ester or ether of a substance specified in paragraph 1 or paragraph 2.
4 Any
salt of a substance specified in any of paragraphs 1 to 3.
5 Any
preparation or other product containing a substance or product specified in any
of paragraphs 1 to 4 not being a preparation specified in Schedule 5.
SCHEDULE 2
(Article 1)
Schedule 2 DRUGS
1 The
following substances and products, namely –
Acetorphine
|
Alfentanil
|
Allylprodine
|
Alphacetylmethadol
|
Alphameprodine
|
Alphamethadol
|
Alphaprodine
|
Anileridine
|
Benzethidine
|
Benzylmorphine
|
(3-benzylmorphine)
|
Betacetylmethadol
|
Betameprodine
|
Betamethadol
|
Betaprodine
|
Bezitramide
|
carboxylic acid ethyl ester
|
O-carboxymethyloxime
|
Carfentanil
|
Clonitazene
|
Cocaine
|
4-Cyano-2-dimethylamino-4,
4-diphenylbutane
|
4-Cyano-1-methyl-
4-phenylpiperidine
|
Desomorphine
|
Dextromoramide
|
Diamorphine
|
Diampromide
|
Diethylthiambutene
|
Difenoxin
|
Dihydrocodeinone
|
Dihydroetorphine
|
Dihydromorphine
|
Dimenoxadole
|
Dimepheptanol
|
Dimethylthiambutene
|
Dioxaphetyl butyrate
|
Diphenoxylate
|
Dipipanone
|
Dronabinol
|
Drotebanol
|
Ecgonine and any derivative of
ecgonine which is convertible to ecgonine or to cocaine
|
Ethylmethylthiambutene
|
Etonitazene
|
Etorphine
|
Etoxeridine
|
Fentanyl
|
Furethidine
|
Hydrocodone
|
Hydromorphinol
|
Hydromorphone
|
Hydroxypethidine
|
Isomethadone
|
Ketobemidone
|
Levomethorphan
|
Levomoramide
|
Levophenacylmorphan
|
Levorphanol
|
Lofentanil
|
Medicinal opium
|
Metazocine
|
Methadone
|
Methadyl acetate
|
Methyldesorphine
|
Methyldihydromorphine,(6-methyldihydromorphine)
|
1-Methyl-4-phenylpiperidine-
4-carboxylic acid
|
2-Methyl-3-morpholino-1,1-
iphenylpropanecarboxylic acid
|
a-Methylphenethylhydroxylamine
|
4-Phenylpiperidine-4-carboxylic
acid ethyl ester
|
Metopon
|
Morpheridine
|
Morphine
|
Morphine methobromide, morphine
N-oxide and other pentavalent nitrogen morphine derivatives
|
Myrophine
|
Nicomorphine
|
Noracymethadol
|
Norlevorphanol
|
Normethadone
|
Normorphine
|
Norpipanone
|
Oxycodone
|
Oxymorphone
|
Pethidine
|
Phenadoxone
|
Phenampromide
|
Phenazocine
|
Phenecyclidine
|
Phenomorphan
|
Phenoperidine
|
4-Phenylpiperidine-4-
|
Piminodine
|
Piritramide
|
Proheptazine
|
Properidine
|
Racemethorphan
|
Racemoramide
|
Racemorphan
|
Remifentanil
|
Sufentanil
|
Thebacon
|
Thebaine
|
Tilidate
|
Trimeperidine
|
Zipeprol
|
2 Any
stereoisomeric form of a substance specified in paragraph 1 not being
dextromethorphan or dextrorphan.
3 Any
ester or ether of a substance specified in paragraph 1 or paragraph 2,
not being a substance specified in paragraph 6.
4 Any
salt of a substance specified in any of paragraphs 1 to 3.
5 Any
preparation or other product containing a substance or product specified in any
of paragraphs 1 to 4, not being a preparation specified in Schedule 5.
6 The
following substances and products, namely –
Acetyldihydrocodeine
|
Buprenorphine
|
Codeine
|
Dextropropoxyphene
|
Diethylpropion
|
Dihydrocodeine
|
Ethylmorphine (3-ethylmorphine)
|
Fenethylline
|
Glutethimide
|
Lefatamine
|
Mecloqualone
|
Methaqualone
|
Methylphenidate
|
Nicocodine
|
Nicodicodine
(6-nicotinoyldihydrocodeine)
|
Norcodeine
|
Pentazocine
|
Phenmetrazine
|
Phentermine
|
Pholcodine
|
Propiram
|
Quinalbarbitone
|
7 Any
steroeoisomeric form of a substance specified in paragraph 6.
8 Any
salt of a substance specified in paragraph 6 or paragraph 7.
9 Any
preparation or other product containing a substance or product specified in any
of paragraphs 6 to 8, not being a preparation specified in Schedule 5.
SCHEDULE 3
(Article 1)
Schedule 3 DRUGS
1 The
following substances, namely –
(a) Benzphetamine
Cathine
Chlorphentermine
Ethchlorvynol
Ethinamate
Flunitrazepam
Mazindol
Mephentermine
Meprobamate
Methylphenobarbitone
Methyprylone
Phendimetrazine
Pipradrol
Temazepam
(b) any 5,5 disubstituted barbituric acid not
being quinalbarbitone.
2 Any
stereoisomeric form of a substance specified in paragraph 1 not being
phenylpropanolamine.
3 Any
salt of a substance specified in paragraph 1 or paragraph 2.
4 Any
preparation or other product containing a substance specified in any of paragraphs 1
to 3, not being a preparation specified in Schedule 5.
SCHEDULE 4
(Article 1)
Schedule 4
drugs
1 The
following substances and products –
Alprazolam
|
Ketazolam
|
Aminorex
|
Loprazolam
|
Bromazepam
|
Lorazepam
|
Brotizolam
|
Lormetazepam
|
Camazepam
|
Medazepam
|
Chlordiazepoxide
|
Mefenorex
|
Clobazam
|
Mesocarb
|
Clonazepam
|
Midazolam
|
Clorazepic
acid
|
Nimetazepam
|
Clotiazepam
|
Nitrazepam
|
Cloxazolam
|
Nordazepam
|
Delorazepam
|
Oxazepam
|
Diazepam
|
Oxazolam
|
Estazolam
|
Pemoline
|
Ethyl
loflazepate
|
Pinazepam
|
Fencamfamin
|
Prazepam
|
Fenproporex
|
Propylhexedrine
|
Fludiazepam
|
Pyrovalerone
|
Flurazepam
|
Tetrazepam
|
Halazepam
|
Triazolam
|
Haloxazolam
|
Zolpidem
|
Ketamine
|
N-Ethylamphetamine
|
4-Hydroxy-n-butyric
acid
|
|
2 Any
stereoisomeric form of a substance specified in paragraph 1.
3 Any
salt of a substance specified in paragraph 1 or paragraph 2.
4 Any
preparation or other product containing a substance or product specified in any
of paragraphs 1 to 3 not being a preparation specified in Schedule 5.
5 The
following substances –
Atamestane
|
Methenolone
|
Bolandiol
|
Methyltestosterone
|
Bolasterone
|
Metribolone
|
Bolazine
|
Mibolerone
|
Boldenone
|
Nandrolone
|
Bolenol
|
Norboletone
|
Bolmantalate
|
Norclostebol
|
Calusterone
|
Norethandrolone
|
4-Chloromethandienone
|
Ovandrotone
|
Clostebol
|
Oxabolone
|
Drostanolone
|
Oxandrolone
|
Enestebol
|
Oxymesterone
|
Epitiostanol
|
Oxymetholone
|
Ethyloestrenol
|
Prasterone
|
Fluoxymesterone
|
Propetandrol
|
Formebolone
|
Quinbolone
|
Furazabol
|
Roxibolone
|
Mebolazine
|
Silandrone
|
Mepitiostane
|
Stanolone
|
Mesbolone
|
Stanozolol
|
Mestanolone
|
Stenbolone
|
Mesterolone
|
Testosterone
|
Methandienone
|
Thiomesterone
|
Methandriol
|
Trenbolone
|
6 Any
compound (not being Trilostane or a compound specified in paragraph 5)
structurally derived from 17 hydroxyandrostan-3-one or from 17-hydroxy-estran-3-one
by modification –
(a) by further substitution at position 17
by a methyl or ethyl group;
(b) by substitution to any extent at one or more
positions 1, 2, 4, 6, 7, 9, 11, or 16, but at no other position;
(c) by unsaturation in the carbocyclic ring
system to any extent, provided that there are no more than 2 ethylenic bonds in
any one carbocyclic ring; or
(d) by fusion of ring A with a heterocyclic
system.
7 Any
substance which is an ester or ether (or, where more than one hydroxyl function
is available, both an ester and an ether) of a substance specified in paragraph 5
or paragraph 6.
8 4-Androstene-3, 17-Dione;
19-Nor-4-Androstene-3, 17-Dione;
5-Androstene-3, 17-Diol;
and
19-Nor-5-
Androstene-3, 17-Diol.
9 Chorionic
Gonadotrophin (HCG)
Non-human
chorionic gonadotrophin
Somatotropin
Somatrem
Somatropin.
10 Clenbuterol.
SCHEDULE 5
(Article 1)
Schedule 5 DRUGS
1
(1) Any preparation of one
or more of the substances to which this paragraph applies, not being a
preparation designed for administration by injection, when compounded with one
or more other active or inert ingredients and containing a total of not more
than 100 mg of the substance or substances (calculated as base) per dosage
unit or with a total concentration of not more than 2.5% (calculated as base)
in undivided preparations.
(2) The substances to which
this paragraph applies are acetyldihydrocodeine, codeine, dihydrocodeine,
ethylmorphine, nicocodine, nicodicodine (6-nicotinoyldihydrocodeine),
norcodeine, pholcodine and their respective salts.
3 Any
preparation of medicinal opium or of morphine containing (in either case) not
more than 0.2% of morphine calculated as anhydrous morphine base, being a
preparation compounded with one or more other active or inert ingredients in
such a way that opium or, as the case may be, the morphine, cannot be recovered
by readily applicable means or in a yield that would constitute a risk to
health.
4 Any
preparation of dextropropoxyphene, being a preparation designed for oral
administration, containing not more than 135 mg of dextropropoxyphene
(calculated as base) per dosage unit or with a total concentration of not more
than 2.5% (calculated as base) in undivided preparations.
5 Any
preparation of difenoxin containing, per dosage unit, not more than 0.5 mg
of difenoxin and a quantity of atropine sulphate equivalent to at least 5% of
the dose of difenoxin.
6 Any
preparation of diphenoxylate containing, per dosage unit, not more than
2.5 mg of diphenoxylate calculated as base, and a quantity of atropine
sulphate equivalent to at least 1% of the dose of diphenoxylate.
7 Any
preparation of propiram containing, per dosage unit, not more than 100 mg
of propiram calculated as base and compounded with at least the same amount (by
weight) of methylcellulose.
8 Any
powder of ipecacuanha and opium comprising –
10% opium in powder,
10% ipecacuanha root, in powder,
well mixed with 80% of any other powdered ingredient containing no controlled
drug.
9 The
following substances namely –
Methohexitone sodium
Phenobarbitone
Phenobarbitone sodium
Thiopentone sodium
and
any preparation containing any of the above substances.
10 Any mixture
containing one or more of the preparations specified in paragraphs 1 to 9,
being a mixture of which none of the other ingredients is a controlled drug.