No CPD for temporary foreign pharmacists in UK
Pharmacists from other countries in the European Economic Area and Switzerland
will be able to take
short-term work in the UK without being subject to the same level
of professional checks as domestic pharmacists by the end of next week
(PJ, 23 June, p730). This could trigger a legal challenge to the recently
introduced regulatory framework for UK pharmacists (see Panel below).
Legal challenge
The new law could form the basis of a legal challenge to the new
regulatory framework introduced by the Pharmacists and Pharmacy
Technicians Order 2007.
John Murphy, director of the Pharmacists’ Defence
Association, said: “We are not absolutely clear at this
stage what difference in fitness to practise activity this will
generate between UK pharmacists
registered in Part 1 of the Register [domestic practising pharmacists]
and EU temporary service providers registered in Part 3 but if, as
appears likely, the Regulations create a commercial and professional
disadvantage for UK pharmacists, the PDA and its lawyers will be
looking seriously at what can be done to challenge the present regulatory
framework that applies to some and not others, based on their country
of domicile.
“This may involve legal proceedings in the courts,
applications for judicial review and, if necessary, references
to the European
Court of Justice. It is presently too early to say more, save that
these Regulations and their coming into force will clearly highlight
the unnecessarily, in comparison to other member states, tough,
intrusive, costly and restrictive regulations recently introduced
in respect
of UK pharmacists by means of the Section 60 Order.” |
Regulations
requiring the Royal Pharmaceutical Society and the Pharmaceutical
Society of Northern Ireland to allow such foreign pharmacists to work
without being registered, or to grant registration to those who want
it free of charge, come into effect on 19 October 2007 (PDF 200K).
The Regulations implement a European Directive.
European pharmacists registering or working under the new law will only
be allowed to take temporary and occasional work, but this is not defined
in the new law and it will be for the Society to decide what that means.
Foreign pharmacists who choose to register with either the Society or
the PSNI will be subject to the same professional rules as apply to UK
pharmacists, but with full exemption from any requirement to keep themselves
up to date.
A regulatory impact assessment published by the Government in conjunction
with the new Regulations shows that the Society expects implementation
of the law to cost it nearly £200,000 plus £500 per foreign
pharmacist granted temporary registration. It warned that this cost would
have to be borne by its UK members.
Martha Pawluczyk, the Society’s adjudication manager, said: “The
Society has commented on the draft legislation implementing this Directive
and has expressed concern that the Directive and implementing legislation
weaken the regulatory system designed to protect the public.
“Legislation will amend the Pharmacists and Pharmacy Technicians
Order 2007 to create a three-part register. Visiting EEA pharmacists/pharmacy
technicians will be registered in Part 3 of the Society’s registers.
Guidance to employers will be issued shortly.” |
The
Pharmaceutical Journal
Acrobat
Reader