Health Insurance
(Pharmaceutical Benefit Advisory Committee) (Jersey) Order 2017
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;
“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;
“States’ employee” has the same meaning as in
Article 2 of the Employment of States of Jersey Employees (Jersey)
Law 2005.
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,
under Part 4 of the Capacity and Self-Determination (Jersey)
Law 2016, a delegate is appointed in relation to the chairperson or member;
or
(c) if,
without reasonable excuse, they fail to attend 3 consecutive meetings of the Committee.[1]
(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 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
This Order may be cited as
the Health Insurance (Pharmaceutical Benefit Advisory Committee) (Jersey)
Order 2017.