1 Fitness to Practise Joy Wingfield Short residential course Session 4 May 15 th 2006.

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Fitness to Practise

Joy WingfieldShort residential courseSession 4 May 15th 2006

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Learning Outcomes

• At the end of this session, you will be able to– Describe the key features of the

professional regulatory framework for pharmacy

– Distinguish between professional and contractual aspects of fitness to practise

– Find and analyse Statutory committee cases

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Professional Law

Historically the regulatory framework for pharmacy was:

• The Charter plus• The Pharmacy Act 1954 plus• The Medicines Act 1968 plus• NHS Terms of Service

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Professional LawWill soon be:

• The 2004 Charter plus• The Pharmacists and Pharmacy

Technicians Order (made under section 60 of the Health Act 1999) plus

• The Medicines Act (as amended by the Health Bill) plus

• The NHS Pharmacy Contract

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Or maybe not….

• Still consulting on separation of regulatory and representational roles

• Still awaiting the outcomes of the Foster report

• May follow the Donaldson report• Role of the Commission for

Healthcare Regulatory Excellence

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RPSGB charter

• 4 Objects (objectives)– Advance knowledge, safeguard honour,

promote health of public, develop science• 21 powers

– E. g. fees, registers, enforce standards• Assets, membership, Council

constitution and operation• Power to make “regulations” (internal)

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Charter “regulations”

Elections, interpretation, returning officer, reserved places for constituencies, period of office, provisions for pharmacy technicians, eligibility for election and to vote, notice of election, nominations, holding of election, voting, scrutiny and outcome, casual vacancies, by-election, resignation, non-compliance, number of members and eligibility for appointment

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Council Business

Look in your reading material for• Charter• Charter regulations• Council agenda• One of the associated papersAll of these are available on RPSGB

website

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The “Pharmacists” Order

1. Preliminary – title, extent, interpretation, Council duties, six statutory committees

2. Registration of pharmacists3. Registration of technicians4. Registers and registration5. Fitness to practise6. Proceedings of regulatory committees7. Fees, further powers, etc

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Preliminary• Title and extent• Interpretation• Purpose, duties, membership of

Council• Statutory committees

– CPD, discipline, education,health, investigating and registration appeals

• Payments to council members• Appointment of registrar and deputy

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Registration of pharmacists

• Name change to “pharmacists”• Part 1 “Practising”, Part 2 not• Pre-registration rules• Educational duties – accreditation• Conditions to register and appeal• Offence to practise while on Part 2• Link to membership of Society?

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Registration of technicians

• Part 1 and Part 2• Pre-registration rules• Educational duties – accreditation• Conditions to register• Offence to practise while on Part 2• Not members

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Registers and registration

• Form, maintenance, disclosure and publication

• Specialisations• Certificates• Removals on health grounds• Removal on non-practising grounds• Fees, time limits, appeals

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Fitness to practise

• “Guidance” on standards of conduct, practice and performance

• Requiring relevant information• Disclosing relevant information• Role of health and disciplinary

committees• Powers of these committees

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Proceedings

• Council may make rules on procedure• May administer oaths, issue

summonses• Appointment of legal advisers• Clinical and specialist advice to

committees• Exclusion of Council or other

statutory committee members

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A consultation

• Still time to comment!! See also RPSGB website

• Definition of practising• Separation of regulation from

representation?• Introduction of fitness to practise

requirements (and assessment) into MPharm and pre-registration training?

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Rules made under the “Pharmacists” Order

• No more byelaws• Significant powers given to Council

– Composition and function of statutory committees

– Conditions to join, stay on register– All aspects of the register– Indemnity and CPD– Fitness to practise standards and

enforcement– Procedures for statutory committees

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Current processes

Look in your reading material for• Infringements committee procedure• Guidance on referring cases to

Statutory Committee • Practice direction for Statutory

Committee• Indicative sanctions guidance

Much more on the RPSGB website

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Statutory Committee CasesExercise

Working in small groups and using the selection of Statutory

Committee cases provided, list the key features of each case and the teaching points you might cover

with students

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The NHS contract

• Legal status – NOT a true contract in the legal sense. Why not?

• More of a service level agreement• Controls on entry• Controls on remuneration• Fixed (almost) menu of services

– Essential, advanced and enhanced

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NHS rules on Fitness to Practise

• The NHS (Pharmaceutical Services) Regulations 2005 SI No 641

• Enabling provisions for FTP – Part 2 Pharmaceutical List covering

contractors only implemented in October 2005

– Supplementary List still being argued about

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Supplementary List

• Criminal records checks enabled by sections 19-25 of Health and Social Care Act 2001

• Section 24 enables creation of supplementary list in NHS Act 1977

• New regulations (June 2006?)• Amendments to 2005 regulations

and to FHSAA (Procedure ) rules 2001

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Questions so far?