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Pharmacy Order 2009
Q. Has the Pharmacy Order been made?
Q. What is the position in relation to restricted titles under the draft Pharmacy Order 2009?
Q. In a nutshell, what are the major changes that will directly affect me?
Q. Why does the regulator need more powers in relation to premises?
Q. What will happen to my 'old' certificate?
Q. Why has the definition of 'practising' been changed?
Q. Why are there no details in the Order on certain subjects such as CPD, standards for premises etc?
A. Yes — the Order was made by the Privy Council on 10 February 2010. The GPhC was granted legal status on 10 February and was granted its legal constitution on 12 March when the General Pharmaceutical Council (Constitution) Order 2010 came into force. The appointments of the Chair, Council members and Chief Executive/Registrar were ratified on March 17. However, the GPhC has not yet taken over regulatory responsibility from the RPSGB — this will take place once the standards needed for Day One are agreed and all the parliamentary processes are complete — in particular, the Rules. The GPhC and others are working hard to fix a launch date, which will be agreed once preparatory work is completed and the parliamentary timetable is clear.
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A. PRLOG considered a report on the early findings from the consultation response and recognised the strength of feeling that had been expressed on the issue of the restricted titles. Following discussion, and in the context that the main aim and objective of the GPhC is to protect the public, the PRLOG confirmed its support for the continuation of the use of 'pharmacist' and 'pharmacy technician' as the restricted titles. With the exception of the RPSGB, the remainder of the PRLOG advised that there would be no need for the GPhC to hold a non-practising register. It was agreed that public protection was in part achieved through clarity for the public as to the currency of pharmacists' and pharmacy technicians' registration status, skills and knowledge and that such clarity is of paramount importance. It was noted that there was nothing to prevent people from describing themselves as retired pharmacists or retired pharmacy technicians, but the Pharmacy Order makes it clear that use of the titles 'pharmacist' and 'pharmacy technician' will be restricted to those individuals registered with GPhC. The GPhC will not have a non-practising register.
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A. The Pharmacy Order introduces a number of new provisions, which may affect the way that you practise. These include:
- New powers for the GPhC to set standards for owners, superintendent pharmacists in relation to pharmacy premises and the carrying on or management of a retail pharmacy business in order to ensure the safe and effective practice of pharmacy. Failure to comply with these standards could ultimately result in removal of the premises from the register and/or the imposition of a fine and/or disqualification proceedings;
- No non-practising register;
- There is now an explicit link between setting standards and safe and effective practice;
- Powers to request information from owners of premises;
- Powers to require a statement by a pharmacy owner or directors of bodies corporate in relation to criminal offences and or investigations into professional conduct;
- Provisions for registration of pharmacy technicians and pharmacy premises in an emergency and the imposition of conditions on such registrations by the Registrar;
- Provision for the setting of a framework for CPD, which then allows the GPhC to set out the specific CPD requirements in criteria;
- Provisions for the GPhC to adopt a flexible approach to fee setting for premises and individuals.
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A. It is right that the regulator has appropriate powers to ensure that any pharmacy it registers and/or maintains on its register is fit for purpose. As the GPhC has GB wide coverage, there is the ability to apply a consistency of minimum standards across England, Scotland and Wales in relation to both NHS and non-NHS activities. It is expected that the GPhC will work closely with the policy makers within the Governments to ensure that duplication of regulation and inspection is kept to a minimum. The GPhC also has a duty to co-operate with various groups when exercising its functions, including those concerned with the employment of registrants, pharmacy owners, and persons using or needing the services of registrants. Effective regulators have a range of sanctions that can be applied to ensure that regulation is proportionate.
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A. Certificates issued by the RPSGB will not be valid as proof of registration with the GPhC and will not confirm registration as a pharmacist or pharmacy technician. The Pharmacy Order requires the Registrar to issue a notice of registration, where an application for entry or for renewal of an entry in the register is granted. Whilst it is unlikely that you will be required to return your RPSGB certificate, no decisions have been made on this so far. The form of the notice of registration for the GPhC is yet to be determined.
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A. The opportunity has been taken to amend the definition of 'practising' to include advice giving in relation to preparation, assembly, sale and supply of medicines rather than the narrower definition in the Pharmacists and Pharmacy Technicians Order 2007 (the current legislation under which the RPSGB operates) which referred to advice in relation to ‘dispensing and use’ of medicines. The broader definition ensures greater clarity and acknowledges that preparation and assembly are integral parts of the supply of medicines.
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A. In order to ensure maximum flexibility for the regulator, there are a number of provisions within the Order that allow the GPhC to make Rules and standards covering the issues mentioned above. Rules and standards made by the council need to be consulted on with various stakeholders, but they do not need to go through time-consuming Parliamentary processes. This means that Rules and standards can be amended quickly to keep pace with the rapidly changing pharmacy profession and regulatory environment.
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