Error reporting

The new pharmacy contract announced by PSNC is mostly about funding. However, there is also a commitment to increase patient safety incident reporting, so pharmacies can "contribute positively to the safety culture by sharing and learning from incidents". In practice, this means that pharmacies must be identified in reports to the National Reporting and Learning Service (NRLS) of the NPSA on a monthly basis. However, while patient safety incidents that did or could have led to patient harm must be reported, incidents where there was no implied or actual patient harm, for example picking errors that are identified and corrected during the pharmacy's checking procedures, will not have to be reported.

NHS contract appeals

The NHS Litigation Authority has published its annual report which shows that 94% of appeals were dealt with on the papers, and decisions were issued within a commendable 15 weeks. It is debatable whether the paucity of oral hearings is a good thing. Quite apart from the question whether issues of access can properly be resolved by reading papers and looking at maps, the losing party may often feel they have not had a proper opportunity to put their case.

Where oral hearings were held, the average time for completing appeals was 19 weeks.

E-cigarettes

In our last issue, we reported on the future implementation of the EU Tobacco Directive. Since then, a major UK supplier, Totally Wicked, has launched a legal challenge to the Directive.

Totally Wicked argue that if the Directive is implemented as it currently stands, many current e-cigarette devices will have to be removed from the market. They contend this would be a disproportionate impediment to the free movement of goods and the free provision of services in the EU, placing electronic cigarettes at an unjustified competitive disadvantage to tobacco products.

Other manufacturers also argue that the Directive is invalid. The case has been referred to the European Court of Justice for a ruling.

Licence required for storing medicines

The MHRA has published a reminder that a WDL is required not only for wholesaling, but also for storing medicinal products elsewhere than on pharmacy premises; and the requirement extends to delivery companies. The MHRA will turn a blind eye if the products do not include fridge lines and the stock is not held for more than 36 hours.

Exporting

The MHRA has published a reminder that the exporting of medicines or the holding of medicines for export requires a wholesale authorisation WDA/H.

Contract appeals statistics

Statistics recently published by the NHS Litigation Authority show:

  • In the 12 months to 31 March 2014, 184 pharmacy appeals were determined.
  • 49 appeals related to unforeseen benefits applications
  • 26 out of 46 relocations were granted
  • Remarkably, only 7 out of 29 distance selling/mail order/internet pharmacy applications were granted
  • Reflecting the trend of GPs acquiring an interest in their own pharmacy businesses, the NHSLA did not have to decide a single application to become a dispensing doctor

Every case depends on its own facts and geography, so statistics don't tell the whole story. Ask us for advice on your chances of success - the earlier, the better.

Fitness to Practise

Actually, this is about the fitness of lawyers as well as pharmacists.

A doctor faced a fitness to practise panel. He admitted to his lawyers he had acted dishonestly, but they advised him to deny dishonesty when he gave evidence. Lawyers aren't allowed to do that, and it was bad advice anyway. The panel found the doctor guilty of dishonesty and struck him off because his denial of dishonesty showed he lacked insight.

There is no substitute for getting advice from experts. We have unrivalled experience and expertise in professional conduct cases for pharmacists.

GPhC goes to the Supreme Court

In our last issue, we reported on a case in which a Scottish Court had overturned a striking off decision, saying that the Fitness to Practise Committee should have considered whether to impose a 12-month suspension with the option of subsequent periods of suspension. The GPhC has decided to appeal to the Supreme Court against the judgment.

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