Co-operation with investigations into a health care professional’s fitness to practise
A recent amendment to the pharmacists’ and registered pharmacy
technicians’ Codes of Ethics requires pharmacists and registered
pharmacy technicians to co-operate with any investigation or inquiry
into their own or any other health care professional’s fitness
to practise (PJ, 16 April, p464)
To ensure that concerns about a health professional’s conduct or
competence can be investigated without undue delay, pharmacists and registered
pharmacy technicians must co-operate with investigations and inquiries
conducted by the Society, or any other inspecting or healthcare regulatory
body (for example the police, other professional regulators, NHS fraud
investigators etc). Failure to co-operate with any such investigations
or inquiries could render the pharmacist and/or registered pharmacy technician
liable to an allegation of professional misconduct. Any specific uncertainty
about this obligation should be clarified with the Society.
Pharmacists and registered pharmacy technicians who are asked to co-operate with
an investigation or inquiry — for example, by providing a statement or
other evidence to an investigator — are not precluded from first obtaining
legal advice and/or contacting their indemnity insurer for further guidance.
Anyone who is subject to a formal interview conducted under caution in accordance
with the Police and Criminal Evidence Act 1984, or equivalent common law in Scotland,
would be advised of the nature of the allegations against them and of their right
to legal advice as part of the formal interview procedure, before any questions
are put to them. The right to silence and any inferences that may be drawn from
silence would be fully explained before any formal interview commenced. |
The
Pharmaceutical Journal