STATES OF JERSEY
HEALTH AND SOCIAL SERVICES
Misuse of Drugs (Addicts) ( Jersey ) Order 1980
1. Introduction
The Misuse of Drugs Advisory Council (MDAC) is established in accordance with Article 2 of the Misuse of Drugs (Jersey) Law 1978 and has a duty to advise the Minister on measures, which in its opinion, should be taken to prevent the misuse of drugs and/or deal with the social problems connected with drug abuse.
2. Background
The MDAC, at its meeting on 20th November 2006, gave consideration to concerns previously expressed by the Director of the Alcohol and Drugs Service and recent concerns expressed the Deputy Viscount regarding the prescribing of fentanyl, a Class A controlled drug. In particular, the MDAC considered how further controls might be exercised over the prescribing of fentanyl particularly to individuals who have been notified to the Medical Officer of health as being addicted to certain controlled drugs.
In its deliberations, the MDAC was cognisant of the fact that fentanyl, when used correctly and appropriately, is highly valued in the management of chronic severe pain. It can also play a key role in palliative care, helping people who are dying to keep pain at bay.
3. Recommendations of the Misuse of Drugs Advisory Council
The MDAC, after due consideration, recommended the following:
3.1. That fentanyl be added to the list of drugs contained in the Schedule to the Misuse of Drugs (Addicts) (Jersey) Order 1980.
This provision will require any doctor who attends a person who the doctor considers, or has reasonable grounds to suspect, is addicted to fentanyl, to furnish certain details with respect to that person to the Medical Officer of Health unless the doctor is of the opinion that continued administration of fentanyl is required for the purpose of treating organic disease or injury.
3.2. That fentanyl be added Article 3(3) of the Misuse of Drugs (Addicts) (Jersey) Order 1980
This provision will mean that a doctor would be acting illegally if that doctor administered, supplied, authorised the administration or supply or prescribed fentanyl for any person who the doctor considers, or has reasonable grounds to suspect, is addicted to any drug listed in the Schedule to the Order except where it is for the purpose of treating organic disease or injury or under, and in accordance with, the terms of a licence issued by the Minister.
4. Recommendation
The Minister is requested to consider and approve the recommendations of the Misuse of Drugs Advisory Council and authorise the Chief Pharmacist to prepare a brief for consideration by the Law Draftsman.
Paul McCabe
Chief Pharmacist
10th January 2007