Deadline set for fitness-to-practise declarations to PCTs in England
Pharmacy contractors in England have until 3 October to make fitness-to-practise declarations to their primary care trusts. Contractors with multiple contracts only have to send the information to the PCT in which their registered office is based.
At present, the declaration requirements apply only to sole traders,
partners and board members, directors and superintendent pharmacists
of corporate bodies. Where the individuals are pharmacists, they must
provide the names of two referees able to report on recent work. Subject
to ministerial approval, the requirements are expected to extend to include
employee pharmacists and providers of local pharmaceutical services.
Once PCTs have the information, they will be expected to decide whether
the individuals concerned should be allowed to continue to hold NHS contracts.
There are three grounds on which people can be disqualified — fraud,
prejudicing the efficiency of services and unsuitability. The existence
of a criminal conviction is not a prerequisite for disqualification.
Guidance to PCTs, which was issued
in draft earlier this year (PJ, 16
April, p442), sets out the principles and, in some cases, procedures
that PCTs should follow in order to make fair decisions that protect
the interests of patients without being unfair to contractors and contract
applicants. It states that each case must be dealt with according to
individual circumstances and that PCTs must not impose preferences or
prejudices or target particular businesses because they appear to fit
a stereotype. All decisions should be made according to robust procedures
and should be likely to be upheld if subject to judicial review.
The guidance explains how PCTs should interpret the terms “fraud”, “efficiency” and “suitability” in
the context of fitness to practise. Fraud, it says, applies to the obtaining
of any benefit without entitlement, while efficiency applies to issues
of competence and quality of performance. Suitability is less well defined
but can apply to the consequences of decisions taken by professional
bodies or courts, to the contents of referees’ reports and to the
absence of sufficient evidence of satisfactory qualifications or experience.
The Pharmaceutical Services Negotiating Committee has produced a model
form (Microsoft Word document) that contractors
can use to provide the required information. |
The
Pharmaceutical Journal
Acrobat
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