Fitness to Practise 

Inspectorate

Health

Statutory Committee

Membership of Statutory Committee

Procedure before the Statutory Committee

Sanctions available to the Statutory Committee

Appeals 

Role of CHRE

Applications for restoration to register 

Fitness to Practise

One of the functions of the Pharmaceutical Society of Northern Ireland as a regulatory body is to protect, promote and maintain the health and safety of the public.

Where a person registered with the Society or lawfully conducting a retail pharmacy business fails to comply with the standards and legal obligations imposed by statute, the Pharmaceutical Society of Northern Ireland is required to take action to enforce those standards.

To view a report on the performance of the Fitness to Practise unit in 2009 click here.

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Inspectorate

Dr Norman Morrow and his team are responsible for the inspection of premises and the enforcement of human and veterinary medicines under the Medicines Act, Misuse of Drugs Act, Pharmacy (Northern Ireland) Order and Poisons (Northern Ireland) Order.

For further information on the roles of the Inspectorate go directly to the Department of Health website http://www.dhsspsni.gov.uk/ and contact the key personnel. back to top

Health

Any pharmacist who is suffering from any physical or mental disability which renders them unfit to have their name on the register, may have it removed by the Secretary to the Department of Health.  (Please refer to section 18 of the 1976 Pharmacy (NI) Order. back to top

Statutory Committee

The Statutory Committee of the Pharmaceutical Society of Northern Ireland was appointed under Section 12 of the Medicines Pharmacy and Poisons Act (N.I.) 1945.  In accordance with that Act, the Statutory Committee considers any convictions received by, or allegations of misconduct made against, a pharmacist or a person applying for registration with the Society.  The Statutory Committee also considers cases against companies carrying on a retail pharmacy business. back to top

Membership of the Statutory Committee

The Committee has six members.  The membership of the Committee is constituted as follows:  The Chairperson a person having practical legal experience, shall be appointed by the Head of the DHSSPS.   Five shall be persons appointed by the Council of the PSNI (whether they are or are not a member of the Society) each for a period of five years but all are eligible for reappointment.

The current membership if the committee is as follows (June 2008)

Mr Tim Ferriss QC (Chair)
Dr Terry Maguire FPSNI
Ms Miriam Karp
Mrs Hilary Rea MPSNI
Mr Roy Junkin
Mr Andrew Thomson

The Statutory Committee meets when a case arises before it. back to top

Procedure before the Statutory Committee

The proceedings before the Statutory Committee are similar to those of a Court and are governed by special rules of procedure.

Both Statutory Committee inquiries and applications to be restored to the Register are usually heard in public.

Once an inquiry has been ordered the Chairman of the Statutory Committee, a Notice of Inquiry which sets out the allegations against the pharmacist/corporate pharmacy owner has to be served at least 28 days before the date the Statutory Committee is scheduled to hear the inquiry.  The pharmacist can choose whether or not to attend the hearing/and or to be represented.  It is usual practice for both written and live witness evidence to be heard.

The Society will present its case against the pharmacist or company first.  Any witnesses are examined by the Society's lawyer, then cross-examined by the pharmacist/his lawyer.  The Committee have the opportunity to put any additional questions.  The pharmacist/company or his representative then presents his/its case in a similar way.  The Committee will decide on the evidence presented before them whether the facts alleged by the Society have been proved, and what sanction should be imposed.  back to top

Sanctions available to the Statutory Committee

The Committee has the following powers:

• To strike an individual from the Register of Pharmaceutical Chemists

The Committee has issued guidelines on how it will decide on the appropriate sanction in any particular case. 

For a copy of the Indicative Sanctions Guidance click here.
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Appeals

Section 22 (3) under the Pharmacy (NI) Order 1976 provides a right of appeal from decisions of the Statutory Committee.  The appeal is heard at the High Court.  Any person wishing to appeal a decision of the Statutory Committee should contact the High Court for information on the procedure to be followed.  The High Court has the power to award costs against the party who loses the appeal.

Where the Statutory Committee orders the removal of a pharmacist's name from the Register, that decision does not take effect until three months later.  If the pharmacist decides to appeal the Statutory Committee's decision to the High Court within that three month period, his name will remain on the Register unless and until the High Court upholds the Statutory Committee's decision. back to top

Role of the Council for Healthcare Regulatory Excellence

The Council for Regulatory Healthcare Excellence (CHRE) was set up in April 2003.  CHRE is the overarching body responsible for setting standards across all the healthcare regulators and its main purpose is to promote the interests of patients and the public safety of the general public.

The CHRE was set up under the NHS Reform and Healthcare Professions Act 2002.  Under Section 29 of that act, the CHRE has the power to refer to the High Court any decision taken by the Society's Statutory Committee which it considers to be "unduly lenient" or inappropriate.  All decisions of the Society's Statutory Committee are automatically sent to CHRE for information. back to top

Applications for Restoration to the Register

A former pharmacist whose name has been erased from the Register may apply to the Statutory Committee to be restored to the Register.  Any application for restoration to the Register, must be made in writing to the Secretary of the Statutory Committee, a Statutory Declaration together with at least two references.

For further information on how to apply for restoration and for a copy of the Committee's Guidance on the Consideration of Applications for Restoration please click here.
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