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PJ Online homeThe Pharmaceutical Journal
Vol 275 No 7374 p563
5 November 2005

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Health Bill will enable personal supervision changes

The Bill explicitly allows supervision by a pharmacist who is not on the premises

The Bill explicitly allows supervision by a pharmacist who is not on the premises

Other elements of the Bill

Although publicity surrounding the Health Bill has concentrated on its anti-smoking provisions, the Bill is being used to introduce a number of other changes to health legislation.

In addition to alterations to pharmacy supervision requirements and improvements to the management and monitoring of Controlled Drugs, the Bill seeks to:

· allow primary care trusts and Welsh local health boards to charge for considering applications for NHS pharmacy contracts

· introduce and enforce a code of practice intended to reduce the spread of health care associated infections

· increase the availability of eye-tests

· improve the effectiveness of NHS counter-fraud activities

· replace the NHS Appointments Commission with a new body to appoint members of NHS bodies and health regulatory bodies, but not the Royal Pharmaceutical Society

· enable further amendment of the Medicines Act 1968 by means of Order in Council under Section 60 of the Health Act 1999.

Requirements for community pharmacies to be under the personal control of, and for work to be supervised by, a pharmacist are to be changed under the Health Bill, which was laid before Parliament at the end of last week.

If the Bill goes through, Sections 70 and 71 of the Medicines Act 1968, which applies throughout the UK, will be replaced and pharmacies will have to display notices giving the name and registration date of the responsible pharmacist along with a statement that he or she is in charge of the business.

A new section will be inserted into the Medicines Act setting down the duties of the responsible pharmacist, which will include ensuring safe and effective running of the business at the premises concerned and keeping records. No one will be able to be responsible for more than one set of premises at a time, except in circumstances to be specified in future Regulations, which will also set out the necessary qualifications and experience of a responsible pharmacist and may specify other duties.

The Bill seeks to give health ministers power to make Regulations about what constitutes supervision. It explicitly allows for the possibility of supervision by a pharmacist who is not actually on the premises.

Explanatory notes to the Bill, published by the Department of Health, add that the Government intends to use powers already existing under the Medicines Act to allow registered and suitably trained staff to supervise dispensing and medicine sales without direct supervision by a pharmacist. This is to enable pharmacists to use their clinical skills to offer a wider range of services and to leave their pharmacies to do so.

Following the Bill’s publication, the Royal Pharmaceutical Society said that most of the changes it thought necessary to allow pharmacists to make best use of their skills and expertise are provided for in the Bill. But it would have preferred them to be set out in detail, rather than in future Regulations.

Society President Hemant Patel said: “We welcome the fact that our views have been listened to and are reflected in the Bill. We shall be briefing Parliamentarians to ensure that there is understanding of our position. It is paramount that public safety and access to pharmaceutical services are the prime consideration in any change in professional practice.”

Frank Owens, chairman of the Scottish Pharmaceutical General Council, said: “Existing legislation has served the profession well these past few decades. However, if pharmacy is to continue to evolve, if we are to deliver successfully the roles required of us in the future, then underpinning legislation must keep apace. That means removing inhibitory, outdated legislation and replacing it with new legislation capable of supporting pharmacy in its new roles.”

The Bill also seeks to improve the management and monitoring of the lawful use of Controlled Drugs. Health care providers and organisations, such as pharmacies, that supply CDs will be required to appoint accountable officers to be responsible for dealings with CDs. The precise duties and responsibilities of accountable officers are to be set out in future Regulations. Likely responsibilities include monitoring and auditing the management and use of CDs, ensuring safe storage and monitoring individuals who handle CDs, among other matters.

Mr Patel commented: “While we welcome measures to promote public safety, we shall be scrutinising the detail of how these proposals are to be implemented. It is crucial that the need for public protection is balanced by the need for practical access to these medicines for patients who are inevitable among the most vulnerable.”

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