The Pharmaceutical Journal
Vol 273 No 7315 p330
4 September 2004

Society summary

Council adopts interim fitness-to-practise procedures for technicians

The Council agreed at the August Council meeting that its Infringements Committee would be used as the investigating committee to consider complaints against registered technicians and also to consider registration applications from technicians who have previous criminal convictions. In the event of a case against a technician, the Association of Pharmacy Technicians would be invited to nominate one or more technicians to give expert advice.

It was also agreed that until relevant powers are introduced through an Order under Section 60 of the Health Act 1999, any cases referred by the Infringements Committee to a disciplinary committee would be put on hold. However, should any case be considered serious enough to warrant immediate attention, an interim disciplinary committee would be established under relevant provision of the Society’s Charter and Byelaws, membership of which would include one or more pharmacy technicians nominated by the APT.

The proposed procedure was introduced to the Council by Janet Flint (secretary to the steering group for the regulation of pharmacy technicians), who pointed out that the Council had already approved policies relating to fitness to practise for technicians once registration becomes mandatory. The proposed interim procedure was just to cover the period of voluntary registration, which was why it used the existing Infringements Committee, assisted by one or two invited technicians.

Patricia Hoare asked for clarification on whether the technicians invited to the Infringements Committee to give expert advice would have voting rights.
The President, Nicholas Wood, said they would not.

Douglas Simpson said that technicians were to serve on the new Council and they had played a full part in drawing up the new code of ethics for technicians. Was it appropriate for them only to have an advisory role when a technician came before the Infringement Committee? Would technicians play a full part in decisions under the future permanent machinery?

Mrs Hoare said that under the future machinery disciplinary committees would be drawn from a panel that would involve a breadth of people, including technicians.
Janet Flint, head of support staff regulation, said that in a case concerning a technician, it was likely that the membership of the disciplinary and investigating committees would comprise technicians and lay people drawn from the panel, but there may be a case where it would be appropriate to have pharmacists on the committee as well.

Nicola Gray, commenting on the proposal to put cases on hold until Section 60 powers were in place, said that she was concerned about the human rights issue of reasonable response time and delay. Would the delay be reasonable?
The Secretary and Registrar, Ann Lewis, said that developing rules for discipline under the new legislation would have high priority. It was not envisaged that the time scale would be unreasonable.

Ms Flint said that the Council for Professions Supplementary to Medicine had adopted similar processes when new professions started to be regulated, and a number of cases were put on hold. The Society would not be setting a precedent.
The President said that the point would be noted in the minutes.

Phillida Entwistle suggested that, in the unlikely event of something happening early in 2005, the APT should be asked to nominate two people with a view to them observing the Infringements Committee at least once before the new year.
The Secretary and Registrar said that they could perhaps also attend the committee members’ training sessions in advance.

Bob Michell asked what would happen in the event of a complaint involving both a pharmacist and a pharmacy technician. Would the pharmacist’s case be held over as well?

The President said that the office would consider that point.

Answering suggestions that the points raised should be incorporated into the interim procedures, the Secretary and Registrar said that they could be included as points of information.