Draft new Rules on fitness to practise
On 3 July, the Royal Pharmaceutical Society will launch a consultation on proposed Rules relating to fitness to practise and registration. This article, the third of three prepared in the Secretary and Registrar's Office, looks at the draft Rules covering the Society's fitness-to-practise procedures
The Society’s new fitness-to-practise procedures will be governed
by the Pharmacists and Pharmacy Technicians Order 2006 and Rules made
under that order. The Order establishes three new committees concerned
with fitness-to-practise matters: an Investigating Committee (replacing
the Infringements Committee); a Disciplinary Committee (eventually replacing
the Statutory Committee) and a Health Committee. The Disciplinary Committee
will have a legally qualified chairman. The other committees will be
advised by a legal adviser. In addition, all committees may be advised
by clinical and specialist advisers.
The procedures of the new committees will be governed by the Fitness
to Practise Committees (Procedure) Rules. Issues relating to their constitution
will be governed by the Membership of Fitness to Practise and Registration
Appeals Committees Rules. The role of the advisers is governed by the
Legal, Clinical and Specialist Advisers Rules.
Allegations
Under the new legislative framework, the Society will have power to
deal with a wider range of matters by which it is alleged that the fitness
to practise of a member (called a registrant in the Rules) is impaired.
These matters are: misconduct; deficient professional performance (which
includes competence); adverse physical or mental health; failure to comply
with a reasonable requirement imposed by an assessment team; a conviction
or court martial in the British Islands (ie, in the UK, Channel Islands
or Isle of Man); a conviction or court martial elsewhere which would
be an offence if committed in the British Islands; a police caution in
the British Islands; a determination by a regulatory body responsible
for the regulation of a health or social care profession that a registrant’s
fitness to practise is impaired; or an order under certain statutes that
involve the registrant admitting the offence and paying a penalty instead
of facing a criminal prosecution.
All allegations will be considered by the Registrar (in practice, by
the Fitness to Practise Directorate). An allegations will not be processed
unless it relates to a registrant and there is power under the Order
to deal with it.
If there is concern about risk to the public, the Registrar may refer
the matter to the Disciplinary or Health Committee to consider whether
an interim order should be made. Before referring a matter, the Registrar
may seek further information (including an investigation by the Society’s
inspectors) or require reports on professional performance or health.
The Council proposes a time bar on considering allegations relating to
events that occurred more than five years previously, with a discretion
to accommodate cases of public interest.
Urgent cases will be fast-tracked, and the Registrar may refer serious
convictions direct to the Disciplinary Committee. Other allegations are
referred to the Investigating Committee for consideration.
The Investigating Committee
On referral of an allegation to the Investigating Committee, the registrant
will be sent a notice of referral outlining the nature of the allegation
and inviting representations from the registrant.
In deciding whether or not to refer a case, the Investigating Committee
will consider whether there is a “reasonable prospect” of
the Disciplinary or Health Committee reaching a finding that a registrant’s
fitness to practise is impaired. (This is the test used by the Society’s
current Infringements Committee.) In deciding whether or not to refer
a case, the Investigating Committee will take account of its referral
criteria and any guidance issued by the Society.
Before reaching its decision, the committee may seek further information,
including medical reports, further investigation by the inspectorate
or an assessment of the registrant’s professional performance.
The Investigating Committee may also request the Disciplinary or Health
Committee to consider making an interim order.
Where it decides not to refer a case to the Disciplinary or Health Committee,
it may dispose of the matter by means of a warning (where the facts are
accepted) or, in health and performance cases, by accepting a written
undertaking. It is required to notify the registrant of its decision,
giving reasons for that decision. The Disciplinary and Health Committees
Before a hearing is held by the Disciplinary Committee or Health Committee
a case management meeting may be convened to discuss timetabling and
issues relating to service of evidence. Advance notice of the hearing
must be given to the registrant. The notice will include details of
the allegations against the practitioner.
Where any facts remain in dispute at a hearing, the committee will
make a finding according to the civil standard of proof.
The powers available to these committees are set out in the Order. In
deciding whether or not to impose a sanction, a committee will take into
account its indicative sanctions guidance and any mitigation put forward
by the registrant.
Where the Disciplinary Committee finds a registrant’s fitness to
practise to be impaired, it may issue a warning (and direct that details
of the warning be recorded in the Registers), impose conditions for up
to three years, suspend the registrant for up to 12 months or remove
the registrant from the Register.
Where the committee has previously imposed conditions or suspended the
registrant, it will review the case. Where conditions have been imposed,
the committee may extend or vary the conditions for a further three years
or suspend the registrant. It may also remove the registrant’s
name from the Register.
Where suspension has been imposed, the committee may extend the period
of suspension for a further 12 months or impose conditions to come into
force on the expiry of the suspension for up to three years. It may also
direct the removal of the registrant’s name from the Register.
Where a registrant has been suspended for two years, the committee may
make an order for indefinite suspension.
Where a practitioner’s name is removed from the Register, no application
for restoration can be considered by the committee until five years from
the date on which the name was removed.
The Health Committee will have the same powers as the Disciplinary Committee
except that it will not be able to remove a registrant’s name from
the Register.
Each committee must notify the registrant of any decision, giving reasons
for the decision.
The Rules also include provisions enabling the committees to refer cases
to each other in specified circumstances. A further provision allows
the award of the costs of the hearing against either the Society or the
registrant.
At any time before the conclusion of a hearing, or before any sanctions
come into force, either committee may make an interim order. This might
be in the form of conditions or suspension from the Register. Because
interim orders are recognised as a draconian power, they will only be
made where they are necessary for the protection of the public, are otherwise
necessary in the public interest or are in the registrant’s own
interests. When an interim order has been made before a hearing, the
members of the committee hearing the case will not be the same as those
who made the interim order.
As a further safeguard, interim orders will be subject to regular periodic
reviews and can only be made in the first instance for up to 18 months.
A registrant can apply to the High Court to vary or remove an interim
order. Your views sought on the new procedures
From 3 July, the Society will hold a
three-month consultation on the draft Rules. It welcomes your comments,
See Panel. |
The
Pharmaceutical Journal