Health Insurance (Pharmaceutical
Benefit Advisory Committee) (Jersey) Order 2017
Made 30th June 2017
Coming into force 7th
July 2017
THE MINISTER FOR SOCIAL SECURITY, in pursuance of Articles 15A and 36 of
the Health Insurance (Jersey) Law 1967[1], orders as follows –
1 Interpretation
In this Order –
“Committee” means
the Pharmaceutical Benefit Advisory Committee established under Article 2;
“Department”
followed by a description means the administration of the States for which the
Minister of that description is responsible;
“Medical Officer of Health”
means the person appointed as such under Article 10 of the Loi (1934) sur
la Santé Publique[2];
“non-medical prescribing
practitioner” means an approved prescribing practitioner who is not
a doctor or a dentist;
“nurse” means a
person registered as a nurse under the Health Care (Registration) (Jersey) Law 1995[3];
“States’ employee”
has the same meaning as in Article 2 of the Employment of States of Jersey
Employees (Jersey) Law 2005[4].
2 Establishment
and membership of Committee
(1) The
Pharmaceutical Benefit Advisory Committee is established.
(2) The
Committee consists of –
(a) a chairperson appointed
by the Minister;
(b) a States employee, appointed by the Minister, who is working in
the Department of Social Security;
(c) a
pharmacist or medical practitioner, appointed by the Minister, who is working in
an administration of the States in that capacity;
(d) 3 approved medical
practitioners nominated by a body of persons that appears to the Minister to be representative of general medical
practitioners in Jersey;
(e) 2
pharmacists, one of whom being nominated by the Jersey branch of the Royal
Pharmaceutical Society and the other being nominated by a body of persons that appears to the Minister to be representative of approved
suppliers in Jersey;
(f) an
approved dentist nominated by a body of persons that appears to the Minister to be
representative of dentists in Jersey;
(g) 2 States’ employees working in the Department of Health and
Social Services, one of whom being a representative of
the committee or other body responsible for advising that Department on the use
of medicines and the other being a person nominated by the Chief Nurse of the
Health and Social Services Department to represent non-medical prescribing practitioners
and nurses;
(h) the Medical Officer of Health; and
(i) the Chief
Pharmacist at the General Hospital.
(3) The
following persons are ineligible for appointment as chairperson under paragraph (2)(a) –
(a) members
of the States;
(b) any
medical practitioner, dentist, optician, pharmacist or non-medical prescribing
practitioner; and
(c) any
States’ employee working in the Department of Social Security or the
Department of Health and Social Services;
(d) any
other person who might reasonably be regarded as having a conflict of interest
in undertaking the role of chairperson.
(4) A person
appointed to fill a casual vacancy in the office of chairperson or member of
the Committee holds office until the date on which the person in whose place the
person is appointed would have ceased to hold office.
(5) The
Committee must appoint either of the members appointed under paragraph (2)(b)
or (c) to be vice-chairperson of the Committee, and in the absence of the chairperson
the vice-chairperson is to preside at meetings of the Committee.
(6) A
member of the Committee may appoint a deputy to act on the member’s
behalf at any meeting of the Committee and if that appointment is notified in
advance to the secretary of the Committee the deputy is entitled to act in the
place of that member.
(7) However –
(a) an
approved medical practitioner, pharmacist, dentist, non-medical prescribing
practitioner or nurse may appoint only a person of like qualifications to act
on his or her behalf;
(b) the
Chief Pharmacist may appoint only the Deputy Chief Pharmacist at the General
Hospital to act on his or her behalf; and
(c) no
person appointed under paragraph (6) may act as vice-chairperson.
3 Terms
of service
(1) The
chairperson of the Committee and the members mentioned in Article 2(2)(d),
(e) or (f) hold office in accordance with their terms of appointment.
(2) However
they shall cease to hold office –
(a) if they
tender their resignation in writing to the Minister;
(b) if a
curator is appointed to their person or property; or
(c) if,
without reasonable excuse, they fail to attend 3 consecutive meetings of the Committee.
(3) The
persons mentioned in paragraph (1) may be appointed for a maximum term of
5 years but such appointment is renewable.
(4) However,
the aggregate of the terms served must not exceed 9 years.
(5) The
members of the Committee not mentioned in paragraph (1) hold office by
virtue of the employment or engagement that qualifies them for appointment but
cease to be members of the Committee if and when that employment or engagement ceases.
4 Secretary
The Minister must appoint a secretary of the Committee who is to be
paid such remuneration and allowances as the Minister thinks fit.
5 Proceedings
(1) 7
members of the Committee, including at least 2 approved medical practitioners
and one pharmacist, constitute a quorum.
(2) On
any matter on which the votes of the Committee are divided, the manner in which
the members have voted must be recorded.
6 Transitional
provision
(1) A
person appointed to the Pharmaceutical Benefit Advisory Committee constituted
under Schedule 1 to the Health Insurance (Jersey) Law 1967[5] is treated as having been
appointed under this Order save that his or her appointment expires in
accordance with that Schedule.
(2) Article 3
does not apply to an appointment mentioned in paragraph (1) but applies
following the expiry of that appointment.
7 Citation
and commencement
This Order may be cited as
the Health Insurance (Pharmaceutical Benefit Advisory Committee) (Jersey) Order 2017
and shall come into force 7 days after it is made.
deputy s.j. pinel of st. clement
Minister for Social Security