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The Pharmaceutical Journal
Vol 278 No 7435 p90
20 January 2007


Society summary

 Law and Ethics Bulletin

An occasional feature, prepared in the Royal Pharmaceutical Society’s Professional Standards Directorate, to highlight problems and inquiries currently being handled

Law and Ethics Bulletin, 2001 to present

• Validity period for owing slips
• Rest breaks


Validity period for owing slips

Clarification
PJ 2007;278:200 (17 February 2007)

Pharmacists are reminded that, when it is not possible to dispense a prescription in its entirety, the patient, or the patient’s carer or representative, should be provided with a legible note detailing the name and quantity of the medicine outstanding, and a record should be kept in the pharmacy. Whenever possible, the patient, carer or representative should be informed when the balance will be available for collection.

When a patient returns to collect the outstanding balance of the prescription, the pharmacists must use his or her professional judgement to decide whether the supply is still necessary and appropriate. Pharmacists should consider the time elapsed since the initial supply was made and whether any changes have been made to the patient’s medicines that may warrant a referral to their GP. At the outset, pharmacists should advise the patient, carer or representative that, if they do not collect the outstanding balance within a specified time, it may not be possible to make the supply.

The period of validity of the owing slip will depend on whether the prescription is for a Controlled Drug or not.

Prescriptions for Schedule 2, 3 and 4 Controlled Drugs The Misuse of Drugs Regulations 2001, as amended, restrict the validity of a Schedule 2, 3 or 4 Controlled Drug prescription to 28 days from the appropriate date on the prescription. The appropriate date will either be the date on which the prescription was signed by the person issuing it or the date indicated by him or her as being the start date. If a patient or patient’s representative returns to collect an owing for a Schedule 2, 3 or 4 CD more than 28 days after the appropriate date, the outstanding balance cannot be supplied. To prevent patient care being compromised, it would be advisable for pharmacists to inform patients, or their carers or representatives, that they must return to collect their owing before the 28-day validity expires.

Other prescriptions A prescription for a Schedule 5 Controlled Drug, a prescription-only medicine, a pharmacy medicine or a general sale list medicine is valid for six months from the appropriate date, unless it is a repeatable prescription. In the case of a repeatable prescription, the prescription cannot be dispensed for the first time after the six month period, or other than in accordance with the direction contained in the repeatable prescription. The appropriate date will either be the date the prescription was signed by the person issuing it or the date indicated by him or her as being the date before which it shall not be dispensed. If the patient returns to the pharmacy to collect an owing more than six months after the appropriate date the outstanding balance cannot be supplied, unless it is a repeatable item that was initially dispensed within six months.

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Rest breaks

Pharmacists’ prime concern must be for the safety and well being of patients and the public. Working for extended periods without taking appropriate rest breaks can adversely affect a pharmacist’s ability to practise safely and may compromise patient care. Pharmacists, pharmacy owners, superintendent pharmacists and pharmacy managers should therefore ensure that there are provisions in place to allow pharmacists to have appropriate rest breaks.

The Code of Ethics supports this requirement by stating that pharmacists should ensure that they do not work in conditions that do not enable them to comply with the key responsibilities of a pharmacist. Similarly, there is a professional requirement for pharmacist owners, superintendent pharmacists and pharmacy managers to ensure that they do not seek to impose conditions on pharmacists that may adversely affect their ability to comply with their professional and legal duties. It is essential to encourage pharmacists to take appropriate breaks and requiring an employee pharmacist to work for extended periods without adequate provision for rest breaks could constitute a breach of the Code of Ethics.

A pharmacist’s capacity to undertake his or her professional duties safely for specified periods without a break will differ between individuals and will depend on various factors, including the tasks being undertaken, the complexity of patients’ needs, the level of trained support staff on duty, prescription volume and the level of over-the-counter business. Pharmacists and their employers should give particular consideration to the provision of appropriate rest breaks when pharmacists are working in extended hours pharmacies, providing on call services, or travelling long distances to their place of work.

When agreeing working hours and breaks to be taken during the working day, employers and employees should take note of the Working Time Regulations 1998. These state that if an employee is required to work for more than six hours at a time, he or she is entitled to a rest break of 20 minutes. The break should be taken during the six-hour period rather than at the beginning or the end, but the exact time that breaks are taken is left to the discretion of the employer. Employees are also entitled to have a minimum 11 hours rest between each working day and cannot be forced to work more than 48 hours a week on average.

While the Working Time Regulations can provide a useful benchmark, more frequent breaks may be required, for example, where high volumes of prescriptions are being dispensed.

Under the Working Time Regulations, employers are responsible for making sure that their employees can take a rest break. Employees can agree to opt out of the working time limits. If an employee agrees to work more than 48 hours per week he or she should sign an opt-out agreement, which they can change at any time. Should an incident arise that may be attributable to a pharmacist’s failure to take adequate rest breaks, or a pharmacy owner or superintendent pharmacist’s failure to make provision for adequate rest breaks, the reason for not taking a break may be considered during any subsequent investigation by the Society.

The right to rest breaks does not apply where a job requires round-the-clock staffing, such as in hospitals, and exceptions can be made for emergencies or busy periods. Further information on the Working Time Regulations can be obtained from the Department of Trade and Industry website

The above principles and guidance will also apply to registered pharmacy technicians.

When a pharmacist is taking a break, robust standard operating procedures should be in place to ensure that no activities take place which require the pharmacist’s personal involvement or oversight. All pharmacy support staff should be aware of these procedures and patients should be advised of when the pharmacist is not available and when they are due to return.

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