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The Pharmaceutical Journal
Vol 273 No 7314 p298
28 August 2004


Society summary

 Law and Ethics Bulletin

An occasional feature, prepared in the Royal Pharmaceutical Society’s Professional Standards Directorate, to highlight problems and inquiries currently being handled

Law and Ethics Bulletin, 2001 to present
See also Good Practice Points, 2003 to present


Clarification on personal control

Following a recent ruling by the chairman of the Statutory Committee (PJ, 7 August, p203), the Royal Pharmaceutical Society’s Fitness to Practise and Legal Affairs Directorate has received queries seeking clarification.

All supplies of prescription-only medicines (POMs) and pharmacy (P) medicines from registered retail pharmacy premises must be made under the supervision of a pharmacist. Sales of general sale list (GSL) medicines do not require supervision, but do require a pharmacist to be in personal control of the premises. Thus, if a pharmacist is not in personal control, for instance because he is late attending or he has left for the afternoon, no sales of medicines can be made, and this includes general sale list medicines.

The chairman’s ruling was that if a pharmacist was not in personal control, the premises could remain open for trading as long as nothing requiring the presence of a pharmacist (ie, POMs, Ps and GSLs) is sold. However, pharmacists should also be aware that the use of restricted titles such as “chemist” and “pharmacy” can only be used in connection with retail sales of any goods where they are being sold from registered retail pharmacy premises under the personal control of a pharmacist. Therefore, if restricted titles are used and a pharmacist has to leave the premises, the safest option may be to close the pharmacy premises. Where the pharmacy is in contract with a primary care trust to provide NHS services, the PCT should be contacted for advice.

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