Open General Licence for Controlled Drugs

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (09.02.07) to issue a revised Open General Licence for the importation and exportation of controlled drugs.

Subject:	Misuse of Drugs (Jersey) Law 1978 – Open General Licence for the Importation or Exportation of Controlled Drugs
Decision Reference:	MD-HSS-2007-0019		Exempt clause(s):
Type of Report: (oral or written)	Written		Person Giving Report (if oral):
Telephone or e-mail Meeting?			Report File ref:
Written report – Title	Misuse of Drugs (Jersey) Law 1978 – Open General Licence for the Importation or Exportation of Controlled Drugs
Written report – Author (name and job title)	Paul McCabe – Chief Pharmacist
Decision(s): Minister approved the recommendation of the Misuse of Drugs Advisory Council and issue a revised Open General Licence for the importation and exportation of controlled drugs
Reason(s) for decision: The Misuse of Drugs Advisory Council has recommended that the Open General Licence (OGL) for the importation and exportation of controlled drugs be amended to reflect changes in the UK OGL which came into effect on 1st January 2007. Details of these changes, and the revised OGL are given in the accompanying report.
Action required: Minister to approve the recommendation of the Misuse of Drugs Advisory Council and issue a revised Open General Licence for the importation and exportation of controlled drugs
Signature: (Minister/ Assistant Minister)		Date of Decision:

Open General Licence for Controlled Drugs

STATES OF JERSEY

HEALTH AND SOCIAL SERVICES DEPARTMENT

Misuse of Drugs ( Jersey ) Law 1978

Open General Licence for the Importation and Exportation of Controlled Drugs

1. Background

An Open General Licence (OGL) for the importation and exportation of controlled drugs was previously issued on 1st July 1993 in pursuance of Articles 4(2)(b) and 26 of the Misuse of Drugs (Jersey) Law 1978.

This licence provides that it is not unlawful for a person who is entering or leaving Jersey to import/export any controlled drug specified in the Schedule to the Licence when that controlled drug is lawfully in their possession, under their direct personal supervision and intended for administration to himself for medical or dental purposes in accordance with a prescription issued by a registered practitioner.

The quantity of controlled drug imported or exported on each occasion must not exceed the quantity specified in the Schedule and in any period of 30 days twice that quantity.

Any person wishing to import or export controlled drugs which exceed the quantities specified in the Schedule must request their doctor or dentist to apply for a personal import/export licence on their behalf.

2. Consideration by the Misuse of Drugs Advisory Council

The Misuse of Drugs Advisory Council (MDAC), at its meeting on 20th November 2006, gave consideration to proposed changes in the UK OGL. The UK OGL was amended on 1st January 2007 such that the limits on quantities of controlled drug were removed and a time limit on the duration of travel imposed. The UK OGL now states that a personal licence will only be required for persons travelling for more than 28 days. The UK OGL provides that persons travelling for 28 days or less must carry a letter from their prescribing doctor confirming the person’s name, address, date of birth, outward and return dates of travel, the country to be visited and the drugs to be carried including dosages and total amounts.

The MDAC, after due consideration, recommended that the Jersey OGL be amended to reflect the UK OGL.

3. Recommendation

The Minister is requested to consider and approve the recommendation of the MDAC and consequently revoke the existing OGL and issue a new OGL, as detailed in the Annex to this report, to come into effect on 1st March 2007.

Paul McCabe

Chief Pharmacist

7th February 2007

ANNEX

MISUSE OF DRUGS ( JERSEY ) LAW 1978

OPEN GENERAL LICENCE FOR THE IMPORTATION AND EXPORTATION OF CONTROLLED DRUGS

In pursuance of Articles 4(2)(b), and 26 of the Misuse of Drugs (Jersey) Law 1978 the Minister for Health and Social Services hereby licences, with effect from 1st March 2007, and subject to the terms and conditions specified below, the importation and exportation of;

1. Any controlled drug by a person who is entering or leaving Jersey, where the drug is intended for administration for medical or dental purposes in accordance with a prescription issued by a registered practitioner, to himself or to a member of his household who is unable to administer the drug himself, and who is travelling with that person at the time of importation or exportation.

2. Any controlled drug by a doctor of medicine who is entering or leaving Jersey

a. with a patient for whose treatment during the Journey to or from Jersey the doctor considers the drug may be necessary;

b. for the purpose of immediately leaving or, within the next three days entering Jersey with such a patient; or

c. within three days after its lawful exportation by him when leaving, or immediately after its lawful importation by him when entering, Jersey with a patient for whose treatment during that journey from or to Jersey the doctor considers the drug might be necessary.

The terms and conditions attached to this licence are –

1. The time between a person entering and leaving Jersey, or leaving and returning to Jersey, must not exceed 28 days

2. The person must carry with them a letter from the prescribing doctor or dentist confirming the person’s name, address, date of birth, outward and return dates of travel, the country to be visited and the drugs to be carried including dosages and total amounts.

3. This licence does not apply –

a. to any controlled drug which is not contained in a medicinal product within the meaning of the Medicines (Jersey) Law 1995

b. unless the controlled drug is under the direct personal supervision of the person importing or exporting it

c. to the exportation or importation of any controlled drug by a person who is not lawfully in possession of the drug.

It is hereby directed that, notwithstanding any provision in the Regulations under the Misuse of Drugs (Jersey) Law 1978 with respect to record keeping, no record is required to be kept of any quantity of controlled drug imported or exported under this licence.

The open general licence issued on 1st July 1993, as amended, is hereby revoked.

This licence shall remain in force until revoked by the Minister for Health and Social Services.