Pharmacists Disciplinary
Standards of conduct and performance, and requirements for fitness to practice for registered pharmacists, are set by the ‘Royal Pharmaceutical Society of Great Britain’. Additionally, certain obligations are imposed by statute.
Monitoring
The Royal Pharmaceutical Society of Great Britain is unique among healthcare professions in that it has an Inspectorate whose purpose is law enforcement and quality improvement.
In order to achieve effective maintenance of discipline and standards, the Inspectorate often liaises with agencies such as the police, Primary Care Trusts, the ‘Healthcare Commission’ and the ‘Medicines and Healthcare Products Regulatory Agency’.
Investigations
The Inspectorate investigates any allegations or complaints made against pharmacists or pharmacy owners.
In addition to obtaining witness statements from patients and members of the public, the Inspector may also interview pharmacists, their employees or the owners of pharmacies, under caution.
The Inspectors are empowered to seize evidence, and covert surveillance may even be permitted if there are allegations of criminal offence and/or alleged misconduct.
Infringements
All alleged infringements of the Society’s ethical standards and standards of conduct will be considered by the ‘Infringements Committee’. This committee is tasked with selecting those cases where there is a real prospect of establishing misconduct and referring them to the Statutory Committee.
If there appears to be a real prospect of a criminal prosecution being successful, the Committee will refer the individual for criminal prosecution.
The Infringement Committee has a number of available sanctions:
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Informing the individual that no further action is to be taken, but that fresh allegations within 5 years would result in the original infringement being re-visited in addition to a consideration of the new infringement;
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Issuing advice;
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Issuing a warning;
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Instruction of the Society’s ‘Fitness to Practice Directorate’ to initiate criminal proceedings; and
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Referral to the Statutory Committee
The Statutory Committee
The ‘Statutory Committee’ considers any convictions received by, or allegations of misconduct, made against a pharmacist or a person applying for registration with the Society.
The Statutory Committee also considers cases against companies carrying on a retail pharmacy business where the company has committed an offence under relevant medicines legislation or where a director, officer or employee of the company has been convicted of an offence, or is alleged to have committed misconduct.
The procedures of the Statutory Committee are similar to those of a Court.
Once an inquiry has been ordered by the Chairman of the Statutory Committee, a Notice of Inquiry which sets out the allegations being made against the pharmacists or corporate pharmacy owner will be served. The pharmacist can chose whether or not to attend the hearing and/or to be represented.
It is usual for both written evidence and live witness evidence to be heard at the Inquiry.
We can provide advice and representation throughout the Society’s investigation, including representation at the Statutory Committee hearing.
The Statutory Committee has a number of available sanctions:
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Issue a reprimand;
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Erase a pharmacist’s name from the Register of Pharmaceutical Chemists;
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Disqualify a company carrying on a retail pharmacy business, and direct the removal of the company’s premises from the Register
Appeals
Decisions of the Statutory Committee may be appealed in the High Court.
Restoration
A pharmacist whose name has been erased from the Register may apply to the Statutory Committee for restoration.
Contact us
If you find yourself the subject of an investigation, you should seek advice at the earliest opportunity. Similarly, if you wish to appeal a decision of the Statutory Committee or apply for restoration, we are able to assist.