Fitness to Practise

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

2. 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

3. 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

4. Professional Law Will 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

5. 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

6. 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)

7. 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

8. Council Business Look in your reading material for • Charter • Charter regulations • Council agenda • One of the associated papers All of these are available on RPSGB website

9. The “Pharmacists” Order • Preliminary – title, extent, interpretation, Council duties, six statutory committees • Registration of pharmacists • Registration of technicians • Registers and registration • Fitness to practise • Proceedings of regulatory committees • Fees, further powers, etc

10. 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

11. 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?

12. 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

13. Registers and registration • Form, maintenance, disclosure and publication • Specialisations • Certificates • Removals on health grounds • Removal on non-practising grounds • Fees, time limits, appeals

14. 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

15. 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

16. 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?

17. 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

18. 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

19. Statutory Committee Cases Exercise Working in small groups and using the selectionof Statutory Committee cases provided, list the key features of each case and the teaching points you might cover with students

20. 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

21. 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

22. 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

23. Questions so far?