The Pharmaceutical Journal Vol 267 No 7174 p701-706
17 November 2001

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NHS Bill recognises Society's roles

The National Health Service Reform and Health Care Professions Bill, for England and Wales published on 8 November, recognises the joint professional and regulatory roles of the Royal Pharmaceutical Society and will limit the powers that the new overarching Council for the Regulation of Health Professionals (CRHP) has over the Society's activities.

Once established, the CRHP's powers will be restricted to functions of the Society specified in the Pharmacy Act 1954 or conferred by Orders made under Section 60 of the Health Act 1999. Health Act Orders can alter the powers of regulatory bodies, but cannot abolish them, impose lay majorities on them or take away key functions.

Safeguards are also to be put in place to prevent unwarranted interference by CRHP in regulatory bodies' activities. However, the new council will have powers to investigate complaints about regulatory bodies and may compel people to give evidence on oath. This power is intended to be for investigating maladministration rather than overturning the decisions of committees ruling on fitness to practise. The CRHP will be able to refer fitness to practise decisions to the High Court if it feels it needs to protect the public.

The Bill will also change the structure of the NHS, confirming the establishment of strategic health authorities and local health boards in Wales, strengthening the role of the Commission for Health Improvement and replacing community health councils with Patients' Forums. Local pharmaceutical committees will be made conterminous with one or more primary care organisations.

In relation to pharmacy, the Bill will allow Orders to be made affecting the use of restricted titles such as "pharmacist".

Commenting on the Bill, the Society's President (Marshall Davies) said that although the Society had a long and excellent track record as a regulator it recognised the need for a framework and due scrutiny of professional regulation. "A balance has to be struck between the function of the new council in monitoring and ensuring best practice and the functions of individual regulators in the proper exercise of their duties to the public," he said.

Mr Davies said that the Bill did not make clear where this balance is intended to lie. Clarification will be sought from the Government as this is fundamental to the future of professional regulation.

On NHS reform, Mr Davies said that the Bill did not define where local strategic pharmacy input would sit in relation to health planning. "We have lost strategic pharmaceutical input at regional level, we don't have it in every PCT and it remains to be seen whether the 30 new Strategic Health Authorities will take on this role'" he said. "Where is the drive going to come from to take forward the pharmaceutical component of NHS modernisation plans?"

See also
Society view, p727
Comment, p699

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