The Pharmaceutical Journal
Vol 274 No 7351 p642
28 May 2005

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Pharmacists wanting to work in the EU must be aware of expected legislation

A new EU directive on the recognition of professional qualifications was adopted by the European Parliament this month. The Council of Ministers is expected to agree the text in June. Lin-Nam Wang (on the staff of The Journal) reports

It is fundamental to the freedom of movement of workers in the EU that professionals should face as few barriers as possible. This led to the idea that members of the EU should recognise the professional qualifications of other member states and legislation was passed to enforce this. Regulated professions, such as pharmacy, have their own directives (85/432/EEC and 85/433/EEC apply to pharmacy) and, since 1987, EU citizens who are pharmacists have had a general right to practise pharmacy in other member states.

According to the two pharmacy directives, host member states must allow EU pharmacists to practise a “minimum range” of activities (defined in Directive 85/432/EEC), as long as they hold a qualification that meets specified conditions or have been practising pharmacy for three of the previous five years. Mutually recognised pharmacy qualifications are based on training described by the directives. Provisions were made to facilitate mutual recognition. For example, pharmacy authorities are given a maximum period to process applications for authorisation to practise. In summary, EU pharmacists have the “freedom to establish” themselves in another member state.

New directive

The two directives for pharmacy (along with 13 others, governing all other professions) are to be replaced by a single directive, adopted by the European Parliament this month. One aim was to simplify the existing legislation. The rights given by existing directives in this area are maintained, but the new directive makes additional demands. For example, it requires a “network of contact points”, to provide EU citizens with information and assistance, to be established.

Language barriers Regulatory bodies, such as the Royal Pharmaceutical Society, are not currently permitted to test EU professionals for proficiency in the language of the host member state and the onus is on employers to ensure that employees are competent in their communication skills. There have been cases in the UK where pharmacists with a poor command of English have been practising (PJ, 19 February p218, ) so perhaps one of the most important articles of the new directive is that “persons benefiting from the recognition of professional qualifications shall have a knowledge of languages necessary for practising the profession in the host member state”. Directives 85/432/EEC and 85/433/ EEC are silent on this issue. This new provision might lead to a relaxation of the ban on language tests, although testing would have to be conducted in a proportionate manner, so as not to go against the purpose of the directive.

Pharmacy specialisations In some countries, there are distinct tiers within pharmacy. For example, French hospital pharmacists must undergo special training that grants the use of a special title. During the drafting of the directive, requests were made for specific provisions to be made for such specialists. The new directive does not do this. In addition, the minimum range of activities remain the same. So, for example, if a member state makes an activity, such as supplementary prescribing, contingent on having a further qualification, it is likely that the EU pharmacist will have to attain that qualification in order to work as a supplementary prescriber. The directive does, however, give the option for member states to agree mutual recognition of further qualifications (known as the “common platform” basis).

Professional cards The text suggests the benefits of the use of “professional cards”. Such cards would “facilitate the mobility of professionals, in particular by speeding up the exchange of information between the host member state and the member state of origin”. The card would contain data such as the person’s qualifications, (eg, the university attended and professional experience), any professional penalties and the relevant authority in the member state of origin.

Temporary and occasional services In addition to freedom of establishment, the new directive allows pharmacists to work in host member states by providing services on a “temporary and occasional basis”. In an early draft of the directive, “temporary and occasional” was defined as 16 weeks, but the adopted text offers no definition and directs that this needs to be assessed case by case. John Ferguson, vice-president of the European Council of Liberal Professions, explained to The Journal that this arrangement might be useful in other professions but is less likely to exploited by community pharmacists. For example, an international accounting firm might post an employee to an office in another member state for a month, where he or she would be working with locally qualified colleagues.

Those moving to provide such services will be exempt from the normal registration procedure with the professional body in the host member state. However, member states may require a pharmacist to provide various documents, including professional indemnity insurance details and an attestation that he or she is legally established in another member state. When these documents are received by the relevant authority in the host state, this will constitute automatic temporary registration. These pharmacists will be subject to the disciplinary procedures and professional rules of the host state. In practice, it is likely that UK employers would require all migrant pharmacists to register with the Society, Mr Ferguson said. “Care will have to be taken on how these provisions in the directive are implemented in national law to ensure that cross border services are not provided at any time when a pharmacist is suspended from practising in the country of establishment,” he added.

What next?

Once the final text has been adopted by the Council of Ministers, it must be translated into all the official EU languages and any linguistic discrepancies dealt with. It will then be published in the Official Journal of the European Union. Unlike EU regulations, which are binding in their detail on all member states, there is some flexibility in implementing directives as long as the stated purpose is achieved. The precise implications of the directive will remain unclear until it is legislated in national law — in the UK, this may not be for another couple of years. The text of the directive will contain a date by which it must be implemented in all member states.