Misuse of Drugs Law 1978- Open General Licence for Import or Export of Controlled Drugs

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A decision made (27/07/2007) regarding: Misuse of Drugs (Jersey) Law 1978 - Open General Licence for the Importation or 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-H&SS-2007-0050		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): The Minister approved a recommendation that buprenorphine tablets and methadone liquid be excluded from the Open General Licence for the importation of controlled drugs and issued a revised Open General Licence for the importation and exportation of controlled drugs
Reason(s) for decision: It has become apparent since the introduction of the Open General Licence that large quantities of buprenorphine tablets have been imported into Jersey under cover of the licence and subsequently diverted for illicit use. Concern has also been expressed that methadone liquid could similarly be imported and diverted.
Action required: Chief Pharmacist to implement recommendation that buprenorphine tablets and methadone liquid be excluded from the Open General Licence for the importation of controlled drugs and issue a revised Open General Licence for the importation and exportation of controlled drugs
Signature: (Minister/ Assistant Minister)		Date of Decision: 27 July 2007

Misuse of Drugs Law 1978- Open General Licence for Import or Export of 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 March 2007 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.

2. Concern

It has become apparent since the introduction of the Open General Licence that large quantities of buprenorphine tablets have been imported into Jersey under cover of the licence and subsequently diverted for illicit use. Concern has also been expressed that methadone liquid could similarly be imported and diverted.

3. Recommendation

The Minister is requested to consider and approve a recommendation that the existing Open General Licence is amended to include a condition that it does not apply to the importation of buprenorphine tablets or methadone liquid.

A new Open General Licence, including the above recommendation, is included in the Annex to this report, and the Minister is requested to approve this licence to come into effect on 1st August 2007

Paul McCabe

Chief Pharmacist

26th July 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 August 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.

d. to the importation of buprenorphine tablets or methadone liquid

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 March 2007, is hereby revoked.

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