Misuse of Drugs
(Miscellaneous Amendments) (No. 4) (Jersey)
Order 2013
Made 19th December 2013
Coming into force in
accordance with Article 5
THE MINISTER FOR HEALTH AND SOCIAL SERVICES, in pursuance of Articles 3,
5, 12, 13 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 –
1 Misuse of Drugs (Jersey) Law 1978 amended
In the Misuse of Drugs (Jersey) Law 1978[2] –
(a) in Part 2
of Schedule 2, in paragraph 1(a) –
(i) after
the substance “2-((Dimethylamino)methyl)-1-(3-hydroxyphenyl)cyclohexanol
(also known as
O-desmethyltramadol)” there shall be inserted the substance –
(ii) after
the substance “Methylphenobarbitone” there shall be inserted the
following substances –
“N-adamantyl-1-pentyl-1H-indazole-3-carboxamide
(AKB-48)
N-adamantyl-1-(5-fluoropentyl)-1H-indazole-3-carboxamide
(5F-AKB-48)
N-adamantyl-1-(5-fluoropentyl)-1H-indole-3-carboxamide
(STS-135),
(iii) after
the substance “Propiram” there shall be inserted the
substance –
“Quinolin-8-yl-1-(5-fluoropentyl)-1H-indole-3-carboxylate
(5F-PB-22)”;
(b) in
Part 3 of Schedule 2, in paragraph (1)(a), after the substance
“Tetrazepam” there shall be inserted the following substance –
“Tramadol ((±)-trans-2-((dimethylamino)methy1)-1-(3-methoxyphenyl)cyclohexanol)”.
2 Misuse
of Drugs (Addicts) (Jersey) Order 1980 amended
(1) In this Article “Order” means
the Misuse of Drugs (Addicts) (Jersey) Order 1980[3].
(2) in Article 1(1) of the Order, after the
definition “drug” there shall be added the following
definition –
“ ‘nurse
independent prescriber’ means any of the following –
(a) a
midwife prescribing practitioner registered under the Health Care
(Registration) (Jersey) Law 1995[4];
(b) a
nurse prescribing practitioner registered under the Health Care (Registration)
(Jersey) Law 1995;
(c) a
specialist community public health nurse prescribing practitioner registered under
the Health Care (Registration) (Jersey) Law 1995.”.
(3) In Article 2 of the Order, after the
word “doctor” wherever it appears, except where it appears in paragraph (2)(b)(ii),
there shall be inserted the words “or nurse independent
prescriber”.
(4) In Article 3 of the Order –
(a) after the word “doctor”
wherever it appears, there shall be inserted the words “or nurse
independent prescriber”;
(b) after paragraph (3)(e)
of the Order, there shall be added the following sub-paragraph –
(5) In the Schedule to the Order, in
paragraph 1, before the substance “Cocaine” there shall be
added the following substance –
3 Misuse
of Drugs (Designation) (Jersey) Order 1989 amended
In Part 1 of the
Schedule to the Misuse of Drugs (Designation) (Jersey) Order 1989[5], in paragraph 1(a) –
(a) the
substance “Amphetamine” shall be deleted;
(b) after
the substance “Dimethyl(α-methyl-3,4-methylenedioxyphenethyl)amine”
there shall be inserted the following substance –
(c) after
the substance “Methylamphetamine” there shall be inserted the
following substances –
“N-adamantyl-1-pentyl-1H-indazole-3-carboxamide
(AKB-48)
N-adamantyl-1(5-fluoropentyl)-1H-indazole-3-carboxamide
(5F-AKB-48)
N-adamantyl-1(5-fluoropentyl)-1H-indole-3-carboxamide
(STS-135)”;
(d) after
the substance “Psilocin” there shall be inserted the following
substance –
“Quinolin-8-yl-1-(5fluoropentyl)-1H-indole-3-carboxylate
(5F-pB-22)”.
4 Misuse
of Drugs (General Provisions) (Jersey) Order 2009 amended
(1) In
this Article “Order” means the Misuse of Drugs (General Provisions)
(Jersey) Order 2009[6].
(2) In Article 1(1)
of the Order –
(a) after
the definition “midwife” there shall be inserted the following
definition –
“ ‘nurse
independent prescriber’ means any of the following –
(a) a midwife prescribing practitioner
registered under the Health Care (Registration) (Jersey) Law 1995[7];
(b) a nurse prescribing practitioner registered
under the Health Care (Registration) (Jersey) Law 1995;
(c) a specialist community public health nurse
prescribing practitioner registered under the Health Care (Registration)
(Jersey) Law 1995;”;
(b) in
the definition “prescription” –
(i) in sub-paragraph (b)
the word “or” shall be deleted,
(ii) after sub-paragraph (c)
there shall be inserted the word “or” and the following
sub-paragraph –
“(d) by a nurse independent
prescriber for the medical treatment of a single individual;”.
(3) In Article 4(1)(b)
of the Order –
(a) after the word “practitioner” there shall be inserted
the words “or nurse independent
prescriber”;
(b) after
the word “dentist” there shall be inserted the words “, nurse
independent prescriber”.
(4) In Article 5(2)
and 5(3) of the Order, for the words “doctor or dentist” there
shall be substituted the words “doctor, dentist or nurse independent
prescriber”.
(5) In Article 6
of the Order –
(a) after
paragraph (2) there shall be inserted the following
paragraphs –
“(2A) A nurse independent prescriber, acting in that
capacity, may compound a Schedule 2 drug, a Schedule 3 drug, a
Schedule 4 drug or a Schedule 5 drug for the purposes of administering
it to his or her patient.
(2B) Any person acting in accordance with the written
directions of a practitioner, pharmacist or nurse independent prescriber may compound
any drug specified in Schedule 2, Schedule 3, Schedule 4 or
Schedule 5 for the purpose of administering it to a patient of the
practitioner, pharmacist or nurse independent prescriber.”;
(b) after
paragraph (4)(c) there shall be inserted the following
sub-paragraph –
“(ca) a nurse independent prescriber;”.
(c) in paragraph (5)(c)
and (d) for the words “or dentist” there shall be substituted the
words “, dentist or nurse independent prescriber”;
(d) in paragraph (6)
after the word “doctor” there shall be inserted the words “or
nurse independent prescriber”.
(6) In Article 7
of the Order –
(a) in paragraph (2),
after the word “practitioner” there shall be inserted the words
“ or nurse independent prescriber”;
(b) in paragraphs (3),
(4) and (5), after the word “doctor” there shall be inserted the
words “or nurse independent prescriber”.
(7) In Article 12(1)
of the Order after the word “practitioner” there shall be inserted
the words “or nurse independent prescriber”.
(8) In Article 13
of the Order –
(a) in paragraph (4)(a)
for the words “or
dentist” there shall be substituted the words “, dentist or nurse
independent prescriber”;
(b) in paragraph (6)(a)
after the word “practitioner” there shall be inserted the words
“or nurse independent prescriber”.
(9) In Article 21(2)(a)
of the Order, for the words “or veterinary surgeon” there shall be
substituted the words “, nurse independent prescriber or veterinary
surgeon”.
(10) In Article 26(2),
(3) and (4) of the Order, for the words “or dentist” there shall be
substituted the words “, dentist or nurse independent prescriber”.
(11) In Article 28(4)
of the Order, for the words “or dentist” there shall be substituted
the words “, dentist or nurse independent prescriber”.
(12) After Article 29(1)(h)
of the Order there shall be inserted the following sub-paragraph –
“(i) a
nurse independent prescriber.”.
(13) In Article 30
of the Order, for the words “or dentist” there shall be substituted
the words “, dentist or nurse independent prescriber”.
(14) In Article 31(6)
and (7) of the Order, for the words “or veterinary surgeon” there
shall be substituted the words “, nurse independent prescriber or veterinary
surgeon”.
(15) In Schedule 1
to the Order, in paragraph 1(a) –
(a) the
substance “Amphetamine” shall be deleted;
(b) after
the substance “Concentrate of poppy straw” there shall be inserted
the substance –
(c) after
the substance “Methylamphetamine” there shall be added the
following substances –
“N-adamantyl-1-pentyl-1H-indazole-3-carboxamide
(AKB-48)
N-adamantyl-1-(5-fluoropentyl)-1H-indazole-3-carboxamide
(5F-AKB-48)
N-adamantyl-1-(5-fluoropentyl)-1H-indole-3-carboxamide
(STS-135)”;
(d) after
the substance “Psilocin” there shall be inserted the following
substance –
“Quinolin-8-yl-1-(5-fluoropentyl)-1H-indole-3-carboxylate
(5F-PB-22)”.
(16) In Schedule 2
to the Order, in paragraph 1, after the entry for
“Amineptine” there shall be inserted the following
entry –
(17) In Schedule 3
to the Order, in paragraph 1(a), after the substance “Temazepam”
there shall be inserted the following substance –
“Tramadol ((±)-trans-2-((dimethylamino)methy1)-1-(3-methoxyphenyl)cyclohexanol)”.
5 Citation
and commencement
This Order shall be cited as the Misuse of Drugs (Miscellaneous
Amendments) (No. 4) (Jersey) Order 2013 and –
(a) Articles
1(b) and 4(17) shall come into force on 1st April 2014; and
(b) all
other provisions shall come into force the day after the Order is made.
deputy a.e. pryke of trinity
Minister for Health and Social Services