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PJ Online homeThe Pharmaceutical Journal
Vol 277 No 7483 p713
22/29 December 2007

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Letters

• WCPPE (3)
• Retention fees (2)
• The Society


Letters to the Editor

The Society

Reply from Jeremy Holmes, Chief Executive and Registrar at the Royal Pharmaceutical Society

Membership should be gravely concerned

From Mrs J. D. Benson, MRPharmS

I have not worked for a long time due to ongoing ill health and am likely never to work again, but it is with mixed feelings that I have now decided to resign as a registrant of the Royal Pharmaceutical Society. This is because I cannot bring myself to subsidise the regulatory activities of the Society any longer and especially so since it was granted swingeing new powers upon the rubber-stamping of the Pharmacists and Pharmacy Technicians Order 2007 earlier this year.

The new powers amount to what may be termed a “copper’s charter” for the Society. For example, if a pharmacist is under investigation for whatever reason and chooses not to say anything during an interview then that pharmacist’s silence is taken to be non co-operation with the Society in the performance of its duties and he or she will be done for it — because of a supposed contravention of the Code of Ethics. This is also the case if a pharmacist does not permit the Society to have access to his or her medical records.

Notwithstanding all of the latter, the Society is now able to obtain a court order to make, it seems, one’s pet goldfish give evidence if necessary. What would the police give to be able to operate along these lines? Pharmacists are damned if they do and damned if they do not. This kind of situation goes against any sense of natural justice and the membership should be gravely concerned.

Fortunately, the Society does not have powers of arrest, but for how much longer? The membership is also expected to fund all this extra activity by ever increasing retention fees.

It has been mentioned in previous correspondence in The Journal that it may only be a matter of time before a young, inexperienced or naive pharmacist decides to end it all because of the Society’s heavy-handedness. This is an opinion with which I agree entirely.

To the great majority of members (or should I say “registrants”?) the Society has become a monster, a ghastly self-serving bureaucracy bursting at the seams with law-makers and rule-processors. I cite the latest retention fee reminder — rudely presented and worded in a breathtakingly arrogant manner — as the latest illustration of its self-regarding tendency.

I would suggest that all remaining members should pull the Society back into line and make it work for them, not against them. May I suggest that a most effective way to do this would be a mass refusal to pay any retention fee.

Joy D. Benson
Haverfordwest, Dyfed

 

JEREMY HOLMES, Chief Executive and Registrar at the Royal Pharmaceutical Society, responds:

The Society welcomes the continuing debate on regulatory developments and the opportunity presented by responding to such letters to explore some of the important issues in that debate. However, it is always a matter of concern to the Registrar and Council when a registrant resigns from the Society’s Register either due to ill health or disillusionment with paying for regulatory activities.

The Society is the professional and regulatory body for pharmacists in England, Scotland and Wales. It also regulates pharmacy technicians on a voluntary basis. The primary objectives of the Society are to lead, regulate, develop and represent the profession of pharmacy.

As such, the Society has responsibility for a wide range of functions that combine to support pharmacists in delivering high quality services, in keeping up to date with best practice and in developing new areas of practice as well as assuring basic competence and fitness to practise, and ensuring that poor performance and misconduct issues are dealt with fairly.

Thus the Society does a great deal more than simply regulate the profession. However, it is regulation that is the focus of this letter.

Before the implementation of the Pharmacists and Pharmacy Technicians Order 2007 (“the Order”) earlier this year, fitness-to-practise procedures were governed by the Pharmacy Act 1954 and Regulations made under this Act. The Statutory Committee for example had been in existence since 1933 — thus the Act and the old fitness-to-practise procedures were in urgent need of reform.

The Order has completely overhauled and modernised pharmacy regulation properly to reflect the emerging clinical role and responsibilities of pharmacists in working more closely with patients and other members of the health care team. The benefits and changes that have been brought into existence by the Order are therefore a far cry from what is described here as a “copper’s charter”.

In relation to the failure of a registrant to co-operate with an investigation, these are not new provisions. This obligation is set out in paragraph 7.10 of the 2007 Code of Conduct. This states that a registrant must co-operate with investigations into his or another health care professional’s fitness to practise and abide by undertakings he gives or any restrictions placed on his practice. Registration as a pharmacist or pharmacy technician carries obligations as well as privileges. We all accept, recognise and, hopefully, welcome that.

Article 60 of the Order does indeed allow a fitness-to-practise committee (including the Registration Appeals Committee), or indeed any party involved in proceedings of the committees, including those acting for the defence, to issue a writ of subpoena for a witness to attend and give evidence or to produce documents, etc. This new power therefore benefits any person who is involved in a fitness-to-practise complaint, not just the Society.

This is a welcome development in ensuring that all relevant evidence can be placed before committees.

I would like to take this opportunity to highlight the availability of funds, schemes and programmes that are in place to assist pharmacists in need of assistance and support. These include the Benevolent Fund (a registered charity) that offers help to pharmacists, former pharmacists and their dependants, and pharmacy students. The fund’s trustees act wholly independently of the Society.

The Society works extremely hard for registrants in leading, representing and developing the profession. Its work is not and never has been focused only on regulating the profession and protecting the public. The fees that are set by the Council are carefully calculated to ensure that this Society continues to act efficiently and effectively in the interests of the profession and the public across all its functions and activities.

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