The Pharmaceutical Journal
Vol 280 No 7486 p94-96
26 January 2008

National pharmacy boards election procedures

This notice covers those matters of procedure that are common to all the Society’s national pharmacy boards. All three boards are seeking nominations for four unreserved pharmacist positions. Some procedures (for example, number of nominators needed) differ between boards and these are explained elsewhere in the relevant candidate packs (for example, on the back of the relevant nomination form).

1. Canvassing The Society’s previous restrictions on canvassing at elections were designed to give candidates an equal opportunity of presenting their views to the membership. However, some felt that the restrictions gave an unfair advantage to incumbents and other well-known candidates. Other bodies do not commonly apply canvassing restrictions to their elections. Furthermore, with the growth of internet use, restrictions on canvassing have become increasingly hard to enforce. There is a view that the electorate is capable of assessing the merits of candidates and that excessive or negative campaigning is unlikely to advance the cause of those who indulge in it. As a result, the former restrictions on canvassing should not apply to candidates for election to the national pharmacy boards. Further guidance on publicity is given at item 8 below.

2. Nominations Detailed information on nominations appears on the reverse of the nomination form. Candidates must ensure they have the correct nomination form for their country.

The main points are: nominators should be persons eligible to vote for a candidate they are nominating, ie, they should be registered in the same constituency as the candidate; nominators are expected to have some personal knowledge of the prospective nominee and to be reasonably satisfied that he or she is suitable to serve as a member of the board; candidates may not nominate themselves for election; and nominators may not withdraw the nomination of a prospective candidate once made.

3. Declaration of relevant interests and particulars of work within and for the profession Candidates are required to declare any relevant interests not given in the particulars of work below, under the following headings. All items are obligatory: (a)Employment, including full and part time employment, giving details of employer and nature of duties, including paid directorships of companies (public or private), full time paid employment and part time paid employment; (b) Offices held including those for which a candidate is paid — where this includes membership of any other healthcare organisation the nature of such membership and any office held must be indicated; (c) Other paid activity, including consultancies, self employed work (including contract work), and contributions to professional and scientific publications for which the candidate is paid; (d) Sponsorship, including any awards, sponsorship, bursaries, grants for research, etc; (e) unpaid activity, including membership of organisations, committees etc not listed above; (f) family interests, including any financial interests of the candidate or close family members that might be considered relevant to his or her position as a member of a board; (g) beneficial interests in shareholdings, including the names of companies or other bodies in which the candidate has, either on his or her own own behalf or on behalf of or with a spouse or infant children, a beneficial interest in shareholding of a nominal value greater than one-hundredth of the issued share capital.

Candidates must also provide information to the electorate on the extent and type of work undertaken by them within, and for, the profession of pharmacy. They are also required to provide information on their registered address and age on the nomination form. These details, which are published in The Pharmaceutical Journal, will be standardised under the following headings: (a) name and town; (b) age; (c) registration number; (d) current positions held; previous positions held (with dates). For (d) and (e) the information is further subdivided as follows: (i) occupation branch of pharmacy and position held; (ii) public service positions where relevant to pharmacy; (iii) positions held as an officer or member of the governing body or committee of a pharmaceutical organisation, including a branch or region of the Society; (iv) positions held as an officer or member of the governing body or committee of any organisation associated with health or healthcare, science or education where relevant to pharmacy.

Candidates, if they wish, may make further reference to their history or experience in their election statements. They may, in addition, provide particulars of their professional qualifications.
The particulars of work and professional qualifications, declaration of interests and election statement (see item 5 below), when put together should not exceed 630 words in total.

4. Eligibility criteria Detailed information on eligibility appears on the reverse of the nomination form. Candidates must ensure they have the correct nomination form for their country. The common points are: (a) a pharmacist shall be eligible for election only if his name appears within Part 1 (practising) of the Register of Pharmacists; (b) if in the opinion of a board any elected member of that board ceases to meet the requirements relating to his registered address or, in the case of the English Pharmacy Board, ceases to live or work wholly or mainly in England, he shall cease to be a member of the board; (c) no pharmacist shall be eligible for election if he has failed to pay by the date and time fixed for the return of nomination forms any retention fee or penalty then due and payable by him to the Society; (d) a pharmacist may be nominated as a candidate for election to a place on a board if he is also standing as a candidate for election to a place on the Council at the same time.

5. Election statements Candidates’ election statements are sent direct to each voter with the voting papers, thereby allowing candidates the maximum freedom of expression.

The particulars of work and professional qualifications (see item 3 above), declaration of interests and election statement, when put together should not exceed 630 words in total.

The Returning Officer shall not be required to publish an election statement and associated material of a length greater than that specified or to publish anything that in the Returning Officer’s opinion may contain falsehoods or misrepresentations, abusive or defamatory material or material likely to incite hatred or public unrest, or which would amount to the commission of a criminal offence or render the Society potentially liable to civil proceedings. The Returning Officer may in consultation with the candidate issue a statement of clarification if in his or her opinion any part of an election statement refers to matters outside the current functions, powers and duties of the relevant board, or outside Council policy where relevant policy exists.

Regulations require that board members comply with the Council Code of Conduct. Provision 11 of the Council Code of Conduct states: “Members of Council should support in public the policies of the Council. Where a member of Council feels compelled publicly to oppose a Council policy, the Council should be informed in advance. The member of Council may then express his or her personal views on the matter but, in so doing, must first explain the Council policy and the reasons for the Council’s decision. Members must in any case avoid any action that would undermine confidence in the competence of the Council and its members or in the Council’s decision-making process.”

6. Adverse decisions Declaration of adverse decisions is in keeping with principles of transparency and probity but declaration of allegations or pending investigations is not required.

Every candidate for election to the national pharmacy boards is therefore required to sign a declaration (included in the papers provided to candidates), either (a) attesting that he or she has not received a criminal conviction or police caution nor been the subject of any finding, penalty or censure issued by the Council, or a committee of the Society or any other regulatory or public body, or any other decision by any person or body that the candidate considers relevant, or (b) setting out details and particulars of any criminal convictions, police cautions and finding, penalty or censure issued by the Council, a committee of the Society or any other regulatory or public body received by him, and any other decision by any person or body that the candidate considers relevant.

Details of adverse decisions declared and/or details of adverse decisions not declared but known to the Returning Officer will be published with the voting papers. As part of the validation process canidates’ fitness-to-practise records with the Society will be checked. The fitness-to-practise record includes decisions by the Society’s fitness-to-practise committees, including warnings issued by the Investigating Committee (previously Infringements Committee, Law Committee or Ethics Committee).

In addition, when submitting an annual retention fee members are also required to declare an adverse decision, of which they have not advised the Registrar previously. The form provides guidance on the types of decisions you need to declare. These records will also be checked.

Candidates must think carefully about any incidents in the past which may fall within the definition in this declaration and if they are in any doubt as to whether a decision is relevant, seek guidance from the Returning Officer before submitting their nomination. Convictions which are regarded as spent in all Great Britain jurisdictions need not be declared.

If any member of the boards is the subject of any investigations or proceedings against him or her by any UK or overseas regulatory authority or public body, or is charged with a criminal offence, he or she must inform the President of the Society’s Council promptly and in writing. It is intended that the Council of the Society shall be empowered to decide whether board members should be suspended from any board office, including board membership, and that it may also do so as a neutral interim action while the investigation or proceedings are under way.

7. Information and assistance The Society does not seek to influence the election of board members. Beyond the dissemination of the biographical details and declaration of relevant interests, election statement and declaration of adverse decisions with the voting papers, and provision of a page on the Society’s website to facilitate any necessary contact with candidates, the Society will provide no information or assistance to election candidates over and above what it would normally provide to any member in fulfilment of its statutory and chartered duties.

8(a) Publicity: Contributions to The Pharmaceutical Journal The following reflects the principle of equal coverage being made available to all candidates, should they wish to avail themselves of it: (i) candidates are expected to send no more than two letters, of which each must be on a different topic, for inclusion in The Journal, from the date that nominations are closed to the final date for the return of voting papers to Electoral Reform Ballot Services; (ii) The Journal will consider a maximum of two letters from each candidate for inclusion in issues dating from the publication of the nominations to the final date for the return of voting papers to Electoral Reform Ballot Services; (iii) each letter must be no longer than 400 word; (iv) letters must be about issues, not personalities, and should not criticise other candidates negatively — material that contravenes the above will be amended or removed; (v) The editor reserves the right to remove or amend material, or refuse publication outright, at his or her discretion; (vi) The Journal will not publish articles of any sort from candidates during the election period, unless they are part of a commissioned series or planned some time in advance or otherwise commissioned at the editor’s discretion; (vii) candidates are expected not to submit paid advertisements relating to their candidacy for inclusion in The Journal from the date that nominations are closed to the final date for return of voting papers to Electoral Reform Ballot Services — any such advertisements received from known candidates will not be published during this period; (viii) contributions to The Journal on behalf of candidates will be treated in the same manner as contributions from candidates themselves.

8(b) Publicity: Contributions to other publications or forums, including internet sites or discussion groups, branch or regional newsletters, house or member organisation magazines It is expected that anything written by, on behalf of or about candidates should not be libellous or untrue in matters of fact. Candidates are asked to refrain from negative campaigning.

Candidates should bear in mind that, under the Pharmacists and Pharmacy Technicians Code of Ethics, they are required to behave with integrity and honesty, to adhere to accepted standards of personal and professional conduct and not to engage in any behaviour or activity likely to bring the profession into disrepute or undermine public confidence in the profession.

8(c) Publicity: Notes to editors Should an editor or editors choose to pose questions to candidates, they are asked in the interests of fairness to ensure that all candidates are given the opportunity to respond to the questions and that the length of the responses be restricted.

The Society does not forward questions to candidates. Editors may send questions to candidates direct at their registered addresses; it is for the candidates to ensure that adequate forwarding arrangements are in place for mail where necessary. However, those who wish to pose questions to the candidates are encouraged to notify the Society of their intentions and where they have done so notification to this effect will be posted on a candidates’ page on the Society’s website. Travelling candidates with no access to their mail are encouraged to visit this page on a regular basis.

9. Sponsorship and election expenditure There are no specific restrictions on sponsorship or election expenditure. Any use of sponsorship should, however, be in keeping with the requirements of the Pharmacists and Pharmacy Technicians Code of Ethics.

10. Hustings Outside organisations or Society regions or branches may arrange hustings events if they so wish provided all candidates are given an equal opportunity to present their views. There will be no restriction on the reporting of hustings events by the pharmacy media. It may be difficult for all candidates to attend such meetings. If a candidate cannot attend, he or she should have an opportunity of submitting a statement, equal in length to the opening statements of candidates who are able to attend, to be read by the chairman or some other appropriate person.

David Pruce
Lyndon Braddick
Cath Savage
Returning Officers