2-3-3 Reconstitution of the Pharmaceutical benefit Advisory Committee
1. SUMMARY
The Pharmaceutical Benefit Advisory Committee (PBAC) is a Statutory Body within the Health Insurance legislation whose membership is reconstituted each year. Under the Health Insurance (Jersey) Law, 1967, the Social Security Minister is responsible for the inclusion or deletion of products from the Approved List of Pharmaceutical preparations. However, prior to taking decisions, the Minister must consult with the PBAC.
2. BACKGROUND
The Approved List details all medicines, drugs, appliances or materials that are subsidised under the Health Insurance Scheme, for use by general practitioners for the treatment of patients.
The constitution of the PBAC is such as to ensure that a wide aspect of professional views is considered under a lay chair. The Chair, the representative of the Social Security Department and the Pharmaceutical Adviser are appointed by the Minister. The Chief Pharmacist and Medical Officer of Health are statutory positions. The general practitioners and community pharmacists elect three and two representatives respectively.
The Chairman, appointed by the Minister, is a lay person appointed to represent the views of the general public. Mr Carl Blackmore has undertaken this role for the last 2 years and has now indicated that he will not stand for a further term and will retire as at 12 April 2010. During his terms in office, Mr Blackmore has consistently and generously given his time to provide leadership and direction to the Committee and the Minister would like to place on record his gratitude for Mr Blackmore’s service to the Island
A public invitation to apply for the post of Chair is to be advertised.
3. RECOMMENDATION
The Minister is asked to reconstitute the PBAC for one year from 13 April 2010 to 12 April 2011 as follows:
Dr R Geller Medical Officer of Health
Mr P McCabe Chief Pharmacist, Health and Social Services
Approved Medical practitioners
Dr C Budd
Dr D Balbes
Dr A Vincent
Approved Pharmacists
Mr G Jones
Mr B Eden
Representatives of the Social Security Department
Mr R Lang Financial Director
Mr P McManus Pharmaceutical Adviser
Secretary
Miss R Goulding Policy Principal
Chairman
To be advertised in the Gazette
A copy of Schedule 1 of the Health Insurance (Jersey) Law 1967 is included as an appendix to this report.
Appendix
SCHEDULE 1 Health Insurance (Jersey) Law 1967
(Articles 1 and 15)
PHARMACEUTICAL BENEFIT ADVISORY COMMITTEE
1 (1) In this Schedule, the “Advisory Committee” means the Pharmaceutical Benefit Advisory Committee.
(2) References in this Schedule to approved suppliers are references to approved suppliers who are pharmacists.[65]
2 The Advisory Committee shall consist of –
(a) a chairman appointed by the Minister;
(b) 3 approved medical practitioners and 2 approved suppliers appointed in accordance with the provisions of paragraph 6 of this Schedule;
(c) the Medical Officer of Health;
(d) an officer of the Department of Employment and Social Security appointed by the Minister;
(e) a pharmacist or a medical practitioner appointed by the Minister;
(f) the Chief Pharmacist at the General Hospital.[66]
3 The Minister shall appoint a secretary of the Advisory Committee and there shall be paid to the secretary such remuneration and allowances as the Minister thinks fit.
4 (1) The chairman and other appointed members of the Advisory Committee shall hold office for a period of 12 months ending on the twelfth day of April and shall be eligible for re-appointment.[67]
(2) The chairman or any appointed member of the Advisory Committee shall cease to hold office –
(a) if the chairman or member tenders his or her resignation in writing to the Minister;
(b) if the chairman or member appoints a special attorney without whom he or she may not transact in matters real or personal;
(c) if a curator is appointed to the chairman’s or member’s person or his or her property; or
(d) if, without reasonable excuse, the chairman or member absents himself or herself from 3 consecutive meetings of the Advisory Committee.
(3) A person appointed to fill a casual vacancy in the office of chairman or member of the Advisory Committee shall hold office until the date on which the person in whose place the person is appointed would have ceased to hold office.
5 The following persons shall be ineligible for appointment under paragraph 2(a), namely, members of the States, medical practitioners, dentists, opticians and pharmacists, and persons who hold any paid office or other place of profit under the Crown or the States or any administration of the States or any parochial authority.[68]
6 The approved medical practitioners and approved suppliers to be appointed in pursuance of paragraph 2(b) shall be appointed respectively by the persons who on the 21st day preceding that on which the term of office is to commence are approved medical practitioners or, as the case may be, approved suppliers.[69]
7 The Advisory Committee shall appoint either of the members appointed in pursuance of paragraph 2(d) or (e) of this Schedule to be vice-chairman of the Advisory Committee, and in the absence of the chairman the vice-chairman shall preside at meetings of the Advisory Committee.[70]
8 Subject to the provisions of paragraph 7, any member of the Advisory Committee may appoint a deputy to act on the member’s behalf at any meeting of the Advisory Committee at which the member is unable to be present and if a deputy has been so appointed and the deputy’s appointment notified to the secretary of the Advisory Committee the deputy shall be entitled to act in the place of the person by whom the deputy is appointed:
Provided that an approved medical practitioner or an approved supplier may only appoint a person of like qualifications to act on the medical practitioner’s or approved supplier’s behalf and a person appointed under paragraph 2(f) of this Schedule may only appoint the Deputy Chief Pharmacist at the General Hospital to act on the Chief Pharmacist’s behalf.[71]
9 On any matter on which the votes of the Advisory Committee are divided, the manner in which the members have voted shall be recorded.
10 Seven members of the Advisory Committee, including at least 2 approved medical practitioners and one approved supplier, constitute a quorum.[72]
11 The Minister may by Order make provision for regulating any matter which, in the Minister’s opinion, requires regulating for the purpose of carrying any of the provisions of this Schedule into effect.
File No. 2/2/3