The Pharmaceutical Journal Vol 267 No 7175 p733-738
24 November 2001

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News summary

Health authorities gain new power over contractors

Health authorities get new disciplinary powers over pharmacy, medical, dental and optical contractors on 1 December.

They will be able to suspend and remove existing contractors from their lists as a disciplinary measure and to refuse admission to contractors where they believe that admission would not be in the interests of the National Health Service.

The new power derives from the Health and Social Care Act 2001, and is intended to simplify and accelerate the process of dealing with miscreant contractors, such as fraudsters and people considered to be unsuitable as NHS contractors for wide, and unspecified, reasons. This supersedes the power of the NHS Tribunal to suspend or remove contractors. The tribunal will be abolished. Health authorities are to get limited guidance on how to use the new powers in order not to fetter their discretion to make proprtionate and justified decisions.

Appeals will be to the Family Health Services Appeals Authority (FHSAA). Decisions by individual health authorities will only apply to their own lists, but FHSAA rulings will apply throughout England and Wales.

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