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PJ Online homeThe Pharmaceutical Journal
Vol 278 No 7440 p207
24 February 2007

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White paper: “Trust, assurance and safety, the regulation of health professionals in the 21st century


Royal Pharmaceutical Society of Great Britain to split

Government expectations

General Pharmaceutical Council
• It will be responsible for the regulation of pharmacists, pharmacy technicians, and for the registration of pharmacy premises.

• It will also exercise the role of the current pharmacy inspectorate.

• As a minimum, it will have parity of membership between professional and lay members.

• Members of the GPC will be appointed, not elected.

Society/royal college-type body
• It will have significantly enhanced leadership.

• It will be a learned and authoritative organisation, supporting excellence, professionalism, and innovation in the science and practice of pharmacy.

• It should have an important role in revalidation arrangements and contribute expertise to the new GPC.

• There is an expectation that there will be lay involvement in the royal college-type body but the details are yet to be determined.

The Royal Pharmaceutical Society is to split and regulation of the profession will be carried out by a new General Pharmaceutical Council. A royal college-style model is proposed to take on leadership of the profession and the chief pharmaceutical officers of Britain hope that the Society will take this opportunity to transform itself into this professional and clinical leadership body.

The plans were revealed in the Government’s White Paper on the regulation of health professionals, presented to Parliament this week. The White Paper sets out landmark proposals for the reform of the regulation of health professionals in the UK and is based on extensive consultation on the chief medical officer’s review of medical regulation and the accompanying Foster review of the non-medical health professions.

Hailing the announcement as a historic moment for the profession of pharmacy, Keith Ridge, chief pharmaceutical officer for England, said at a briefing: “I am delighted that the Government has decided to help the profession to establish a royal college alongside a new regulator. Pharmacy needs to embrace this opportunity. It is a good package — a GPC specific for pharmacy, a royal college specific for pharmacy. That type of opportunity does not come along often.”

“It is about making regulators fit for the 21st century,” added Bill Scott, chief pharmaceutical officer for Scotland.

Explaining the motives behind the decision, the White Paper states: “As the profession takes on an increasingly clinically important and professionally demanding role in the treatment of patients, whereby pharmacists have autonomy to prescribe potent drugs, the Government believes that [the Society’s] dual responsibility [as regulator and professional leader] is no longer sustainable if the public are to be reassured that there is effective independent regulation of this role. The RPSGB needs to separate its regulatory system from its system of professional and clinical leadership, allowing each distinct function to focus solely on its core role.”

The Department of Health has set up a working party, chaired by Lord Carter of Coles, a life peer with experience in health care, to work collaboratively with the pharmacy profession to agree an implementation plan. The working party includes the chief pharmaceutical officers for England, Scotland, Wales and Northern Ireland, as well as representatives from the Society’s current Council, the Pharmaceutical Society of Northern Ireland and other pharmacists.

In terms of the structure of the royal college-type body, Carwen Wynne Howells, chief pharmaceutical adviser for Wales, said: “What we are doing is giving the profession the opportunity almost to start with a blank sheet of paper. There are a variety of models that could be used and it is within the remit of the working party to explore the different options to determine what is the best way forward for the profession.”

Mr Scott added that he believes the royal college model provides an opportunity for an umbrella organisation to bring together the many different pharmacy organisations, particularly those catering for specialists within the profession.

Commenting on the announcement, Hemant Patel, President of the Royal Pharmaceutical Society, said: “The transition to a General Pharmaceutical Council and the possible establishment of a body akin to a royal college must be properly managed and resourced. There must be sustainable funding arrangements for the long term and there should be no greater risk to patients or the profession. There should also be strong and transparent governance arrangements for both the regulation and professional leadership of the pharmacy profession.” He added that the Society wants to see full consultation with the profession and with others who have a key stake in the Society’s work.

“The RPSGB is a well established, proven professional and regulatory body with a strong track record of protecting the public and supporting and leading pharmacists. In the process of change, we urge the Government to build on these strengths.”

The working party will make recommendations to ministers by the end of March. The Government aims to have legislation in place to establish the GPC by mid-2008 with a minimum of two years’ transition during which the GPC becomes active.

Implications for the Society and its current Royal Charter

The White Paper says that it may be necessary for the Royal Pharmaceutical Society to seek amendment or replacement of its Royal Charter (PDF 110K) if it decides to redefine its professional leadership role. One of the objects of the Society is to promote public health and well-being by regulating pharmacists and other people engaged in related activities. The Journal has been advised by an expert on royal charters that chartered bodies are under no obligation to pursue all their charter objects, so it is possible that no change would be needed.

It is not clear whether the proposals could raise the prospect of the existing Charter being forcibly revoked. The Journal has been advised that royal charters are not revoked by the Queen, but by Act of Parliament.

David Reissner, a solicitor with expertise in pharmacy matters, said: “There is no precedent in living memory for the Queen revoking a royal charter. The Society would cease to exist as a legal entity if the Charter was revoked.” Revocation, rather than amendment, would raise the question of what would happen to the Society assets, valued in the 2005 accounts at £5.246m (not including the goodwill value of RPS Publishing). The Charter provides for the Society’s assets to be transferred to a “body or bodies with objects similar to those of the Society” if revocation is sought by a special resolution of the Society. The Charter does not provide for distribution of assets if revocation is imposed externally, which means that they would become Crown property.

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