Fitness to practise transitional arrangements
On 7 February 2007, the Pharmacists and Pharmacy Technicians Order 2007 (“the Order”) received royal assent. On 30 March 2007, the new fitness to practise
provisions of the Order, and new fitness to practise Rules, will come into force.
Schedule 2 of the Order sets out detailed transitional provisions that will apply
to allegations being considered under the Society’s existing fitness to
practise machinery when the new provisions come into force, and to new allegations
notified to the Society after 30 March 2007. This note sets out the transitional
provisions in broad terms, but it is not a substitute for reading the Order.
Allegations referred by the Infringements Committee
to the Statutory Committee before 30 March 2007 All allegations referred to the Statutory
Committee before 30 March 2007 will be dealt with in accordance with
the relevant provisions of the Royal Pharmaceutical Society of Great
Britain (Infringements Committee) Rules 2005, the regulations governing
the procedures of the Statutory Committee (SI 1978/20), and the Pharmacy
Act 1954 (“the old Rules”).
If an inquiry has been ordered by the chairman of the Statutory Committee,
and a date has been appointed for holding that inquiry, the current Statutory
Committee will consider the matter in accordance with the provisions of the
old Rules.
If a day has not been appointed for holding that inquiry, the new Disciplinary
Committee shall dispose of the inquiry in accordance with the old Rules.
As both the Statutory Committee and the new Disciplinary Committee will be
able to hear cases under the old Rules, the Society will be able to speed up
the consideration and disposal of old cases in the system.
Allegations that have not been referred to the Statutory
Committee by 30 March 2007 and new allegations which are notified to
the Society after
that date Any allegation that has not been referred to the Statutory
Committee by 30 March 2007, and all new allegations notified to the Society
after that date will be considered under the Society’s new fitness
to practise machinery, in accordance with the relevant provisions of
the Order and the Royal Pharmaceutical Society of Great Britain (Fitness
to Practise and Disqualification etc.) Rules 2007 (“the 2007 Rules”).
Applications for restoration All applications for restoration following
a direction for removal from the Register, will be considered by the
new Disciplinary Committee in accordance with the relevant provisions
of the Order and the 2007 Rules.
Under the Order, a person whose name has been removed from the Register by
the new Disciplinary Committee in accordance with the 2007 Rules, will not
be allowed to apply for restoration until the expiry of a period of five years
from the date of the decision.
However, this provision will not apply to the first application for restoration
made by a person whose name was removed from the Register under the old Rules.
Features of the new fitness to practise scheme The Order establishes
three new statutory committees: the Investigating Committee, the Health
Committee and the Disciplinary Committee. These committees will begin
to operate after 30 March.
The current Statutory Committee will continue until it has heard all outstanding
inquiries which must be disposed of under the old Rules. The last meeting of
the Infringements Committee will be held on 26 March 2007.
Under the old Rules, the Society was only able to consider allegations of misconduct.
Under the new scheme introduced by the Order, the Society will be able to consider
a wider range of allegations, including those that relate to a registrant’s
health.
The new scheme will also provide the Society’s new statutory committees
with a wider range of sanctions and options for disposal. The new Investigating
Committee will have the power, in certain circumstances and where the allegation
is admitted, to accept written undertakings.
In addition to the power to make interim orders in very serious cases, the
new Disciplinary and Health Committees will have the power to impose conditions
on registration, and to suspend a person’s name from the Register for
a period of up to one year, as well as the power to direct removal from the
Register.
A feature of the new fitness to practise machinery is a firm commitment to
case management procedures. The new committees, and the existing Statutory
Committee will have a new power to award costs against either party to the
hearing.
The Society is in the process of updating its fitness to practise guidance
documents and the Society’s website will be updated in due course.
Ann Lewis
Registrar |
The
Pharmaceutical Journal