Professionals
Fitness to Practise
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.
If you wish to make a declaration with regard to your conduct/fitness to practise to the Registrar please click here
To view a report on the performance of the Fitness to Practise unit in 2011 click here
To view a report on the performance of the Fitness to Practise unit in 2010 click here
To view a report on the performance of the Fitness to Practise unit in 2009 click here.
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
Principle 6.6 of the Code of Ethics 2009 states that you must:
"Practise only if you are competent and fit to do so. Promptly inform the Society, your employer and other relevant authorities of any circumstances that may call into question your fitness to practise or bring the pharmacy profession into disrepute, including ill-health (which includes chemical dependence), impairing ability to practise".
If you are concerned that a physical or mental health problem may impair your ability to practise, you must seek to clarify this with your physician or consultant and make a health declaration in writing to the Registrar. Any information supplied must be marked 'Confidential' and for the attention of the Registrar only. Please note you may also be asked to undertake an occupational health assessment commissioned by the Society.
If you wish to make a declaration with regard to your health to the Registrar please click here
The Registrar may work with the registrant to facilitate a framework for safe continued practise which may involve the implementation of a voluntary arrangement designed to protect the registrant and the public.
However, it is possible that a pharmacist who is suffering from any physical or mental disability which renders them unfit to have their name on the register, may be removed by the Secretary to the Department of Health. (Please refer to section 18 of the 1976 Pharmacy (NI) Order. back to top
Scrutiny Committee
The Scrutiny Committee of the Pharmaceutical Society of Northern Ireland is a non-statutory advisory Committee to the Registrar. It meets to give guidance on health and conduct related cases. The Scrutiny Commiittee also reviews cases that have been previously closed by the Registrar.
To view criteria for referral of a case to the Scrutiny Committee please click here
To view criteria for referral of a case involving a dispensing error to appropriate investigating body please click here
Membership of the Scrutiny Committee
The current membership if the committee is as follows:
Dr Denis Morrison MPSNI (Chair and pharmacist member)
Mr Conor Heaney (lay member)
Mrs Maureen Brennan (lay member)
Mr Brendan Anglin MPSNI (pharmacist member)
Procedure of the Scrutiny Committee
To view the terms of reference of the Scrutiny Committee (2009 version) click here
To view the criteria for referral to the Statutory Committee click here
To view criteria for referral to the Statutory Committee in the case of a single one-off dispensing error click here
To view the offence assessment criteria (referred to in a case where there has been a caution/conviction) click here
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. The Chair of the Statutory Committee also reviews cases previously closed by the Scrutiny Committee. 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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The Society welcomes constructive feedback on all any aspect of the fitness to practise process , please write to the Society at with any comments:
Registration Department
The Pharmaceutical Society
73 University Street,
Belfast
BT7 1HL
Tel 02890 326927 Fax 028 90 439919
Email registration@psni.org.uk
or contact us