The Pharmaceutical Journal
Vol 277 No 7431 p753
16 December 2006

Society summary

Council objects to Society having to notify employers about fitness-to-practise referrals

The President of the Royal Pharmaceutical Society is to write to the Department of Health expressing the Council's objection to the Government's failure to accept a recommendation that the Society's Investigating Committee should have discretion as to whether the referral of an allegation to a fitness-to-practise committee should be reported to the pharmacist's employer.

In its response to the consultation on the draft Pharmacists and Pharmacy Technicians Order under Section 60 of the Health Act 1999, the Council had expressed concern about a requirement that any allegation referred to a fitness-to-practise committee should be notified to ministers and to the employer of the person concerned (where the employer was known). The Council believed that such a provision could harm, for example, someone applying to a commissioning body to provide pharmacy services, should they be the subject of an allegation that was later found to be unproven.

Such considerations were particularly relevant in pharmacy, the Council had said, because exposure to commercial competition was greater than in some other health professions and a false allegation might be made with the aim of securing a competitive advantage. The Council believed that the Investigating Committee should be able to decide in each case whether to make such notifications.

At the December Council meeting, Mr Hanlon pointed out that the Government had failed to accept the Council’s recommendation. He said that it was his belief that the decision had the potential to cause grave injustice and he wanted to put on record his dissent and opposition.

Mr Astbury and Mr Dajani asked for their dissent to be recorded too. The President then put the matter to a vote, and the Council agreed to endorse Mr Hanlon’s view.

Mr Phillips said that the decision was significant, particularly when the matter had been raised by a lay member of Council. He hoped a letter would be sent to the Department notifying it of the strength of feeling.

The Council then agreed that the President should write to express its opinion.

The Secretary and Registrar pointed out that it was too late to amend the draft Order because it had already has been laid in Parliament. She suggested that the best course of action was to write to the Department now and then take it up again when there were further Orders, which there would be. But, because of the Department’s approach to harmonising the regulation of health professions, success was not likely.