The Society's new powers under the Pharmacists and Pharmacy Technicians Order 2007 in relation to health cases
On 30 March 2007, three new statutory committees (Investigating, Disciplinary
and Health) were established under the Pharmacists and Pharmacy Technicians
Order 2007 (the “2007 Order”).
The procedures under which the committees operate are set out in the
Royal Pharmaceutical Society of Great Britain (Fitness to Practise and
Disqualification etc) Rules 2007.
The committees are now in a position to consider and make appropriate
orders, including in circumstances where a pharmacist’s fitness
to practise is impaired by reason of adverse physical or mental health.
Historically, and under the 2007 Order, one of the main objectives of
the Society is to protect and ensure the safety of the public. If a pharmacist’s
fitness to practise is in doubt the Society has an obligation to investigate
such concerns.
Under the 2007 Order, the Society may act if there are current concerns
about a pharmacist’s fitness to practise by reason of adverse physical
or mental health. The new powers in health cases are not intended to
be punitive but are to protect the public and where appropriate to facilitate
the rehabilitation of the individual.
The 2007 Order allows for interim orders to be applied in serious cases.
An interim order may place interim conditions on a practitioner’s
registration, or an interim suspension of the practitioner’s name
from the register. Under the 2007 Order there are three grounds on which
an interim order may be imposed. These are that the order must be necessary
for the protection of the public, otherwise in the public interest or
in the interests of the practitioner. The power to impose interim orders
is vested in both the Disciplinary Committee and the Health Committee.
In order to protect the public, pharmacists are reminded that under Part
A.1(m) of the Code of Ethics, they must report to the Society if they
believe that they, or another pharmacist, may not be fit to practise
for health related reasons. The new Code of Ethics, which comes into
force on 1 August 2007, contains a similar provision. It states that
pharmacists and registered pharmacy technicians must “raise concerns
if policies, systems, working conditions, or the actions, professional
performance or health of others may compromise patient care or public
safety. Take appropriate action if something goes wrong or if others
report concerns to you”.
Support is available to pharmacists via the Listening Friends Scheme
(tel 020 7572 2442), the Benevolent Fund (tel 01327 264739) and the Pharmacists’ Health
Support Programme (tel 01327 264531). Further information about these
services can be found within the “About the Society” pages
of the Society’s website.
Additional information on
the new Health Committee.
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