pharmacy (NI) order 1976 Flashcards
The pharmaceutical society of Northern Ireland (PSNI)
(3) the objects of the society shall be -
(a) to advance chemistry and pharmacy;
(b) to promote pharmaceutical education and the application of pharmaceutical knowledge ;
(c) to maintain the honour and safeguard and promote the interests of the members of society in their exercise of the profession of pharmacy;
(d) to execute all such functions as may be entrusted to the society under any enactment
(e) to provide relief for distressed persons, being -
(i) members of the society ;
(ii) persons who at any time have been members of the society or have been registered as either pharmaceutical chemists or chemists and druggists or druggists or apprentices to pharmaceutical chemists , or as students of the society or
(iii) surviving spouses , surviving civil partners , orphans or dependents of deceased persons who where at any time members of the society of registered as aforesaid
ensure practising pharmacists in NI
It is the PSNI’s responsibility to protect and maintain public safety in pharmacies by :
> setting and promoting standards for pharmacists’ admission to the register and for remaining on the register
maintaining a publicly accessible register of pharmacists and pharmacy premises
handling concerns about the fitness to practise of registrants , acting as a complaints portal and taking action to protect the public
ensuring high standards of education and training for pharmacists in NI
registration of pharmaceutical chemists , druggists and students
in relation to the registers mentioned in sub-paragraphs (a), (b) and (c) there shall continue to be kept , and in relation to the register mentioned in sub-paragraph (d) there shall be kept , in accordance with the succeeding provisions of this order ; -
(a) a register of pharmaceutical chemists
(b) a register of druggists
(c) a register of students
(d) a register of visiting pharmaceutical chemists from a relevant European state
the pharmacy (1976 order ) (amendment) order (NI) 2012
DHSSPS
consulted on amendment to the pharmacy order 1976
order was amended in January 2012
regulations published in October 2012
-council
-fitness to practice
- the scrutiny and statutory committees and assessors
-standards for continuing professional development
the order which Amends the pharmacy order 1976 makes provision for the following matters
(a) the reconstitution of the council of the pharmaceutical society of Northern Ireland and the extension of its regulation making powers in relation to various matters
(b) the reconstitution of the statutory committee and the extension of its powers in relation to discipline and fitness to practice matters
(c) the establishment of a scrutiny committee of the council to deal with the fitness to practice matters
Schedule 2 - the council of the society constitution of the council
the council shall consist of -
(a) 7 registered persons and
(b) 7 lay members
2 - the members of the council shall be appointed by the department of health, social services and public safety
3- the term of office of members of the council shall be 4 years or such other period as may be determined by the department at the time the appointments are made
4- no member of the council is to hold office for more than an aggregate of 8 years in a 20 year period
5- the council shall pay to its members such remuneration and allowances as the department may determine
schedule 3 - fitness to practice
the council shall -
(a) set standards relating to the conduct , ethics and perfume expected of registered persons ; and
(b) make provision in regulations regarding the criteria to which the statutory committee is to have regard when deciding , in the case of any registered person , whether of not the requirements as to fitness to practice are met in relation to that registered person
(2) the council shall publish the standards set under this paragraph as they exist from time to time , In such Manner as it considers appropriate .
(3) where any registered person is alleged to have failed to comply with standards set under this paragraph , that failure -
(a) is not , of itself, to be taken to constitute misconduct on the registered persons part ; but
(b) is to be taken into account in any proceedings against the registered person under this order
schedule 3 - fitness to practice
the council shall -
(a) set standards relating to the conduct , ethics and perfume expected of registered persons ; and
(b) make provision in regulations regarding the criteria to which the statutory committee is to have regard when deciding , in the case of any registered person , whether of not the requirements as to fitness to practice are met in relation to that registered person
(2) the council shall publish the standards set under this paragraph as they exist from time to time , In such Manner as it considers appropriate .
(3) where any registered person is alleged to have failed to comply with standards set under this paragraph , that failure -
(a) is not , of itself, to be taken to constitute misconduct on the registered persons part ; but
(b) is to be taken into account in any proceedings against the registered person under this order
schedule 3 - impairment of fitness to practice
4(1) a person’s fitness to practice is to be regarded as “impaired” for the purposes of this order only by reason of -
(a) misconduct
(b) deficient professional performance
(c) adverse physical or mental health which impairs their ability to practice safely and effectively
(d) a conviction in the British island for a criminal offence
(e) a conviction elsewhere than in the British island for an offence which , if committed in Northern Ireland would constitute a criminal offence ;
(f) having agreed to pay a penalty under section 109A of the social security administration order 1992
(g) a police caution in the British islands
(h) having agreed to be bound over to keep the peace by a magistrates court in northern Ireland
(i) a determination made by a regulatory body in the United Kingdom is response under any statutory provision for the regulation of a health or social care profession to the effect that the persons fitness to practice as a member of a profession regulated by that body is impaired or a determination by a regulatory body elsewhere to the same effect
(j) the independent safeguarding authority including the person in a barred list
(k) the Scottish ministers including the person in the childrens list or the adults list
public interest
the PSNI and its fitness to practise committees must act in the public interest
jurisprudence from the courts states that the public interest includes :
the protection of the public
maintaining public confidence in the profession
declaring and upholding proper standards of conduct and behaviour
registering disapproval of unprofessional conduct
committees involved in fitness to practice
there are two committees involved in the determine allegations of impaired fitness to practice
the scrutiny committee
the statutory committee
the registrar of the PSNI uses the threshold criteria when determining if cases should be referred to the scrutiny committee
the scrutiny committee shall consist of
a lay member who is the chair
a lay member who is the deputy chair
two other lay members
and four members who are registered
the statutory committee shall consist of
a lay member who is the chair
2 lay members who are deputy chairs
3 other lay members
6 members who are registered persons
indicative sanctions guidance
fitness to practice(not impaired ) , the committee may give
advice
warnings on conduct
fitness to practice (impaired) , the committee may give
warnings on conduct
conditions on practise
suspension
removal from the register
the pharmacy (1976 order )(amendment) order (NI) 2013
indemnity arrangements
11A- a registered person who practises as a pharmaceutical chemist must have in operation an indemnity which provides appropriate cover in relation to that registered person in respect of liabilities which may be incurred of this article an “indemnity arrangement “ may compromise
1 a policy of insurance
2 an arrangement made for the purposes of indemnifying a person or
3 a combination of the two
for the purpose of this article , “appropriate cover “ in relation to the practice as a pharmaceutical chemist means cover against liabilities that may be incurred in practising as such which is appropriate having regard to the nature and extent of the risks of practising as such
indemnity arrangements
registrants have a person responsibility to ensure :
that they have professional indemnity cover in place ; or if not practising , they need to ensure that they have appropriate cover in place before that begin to practise
they have a person responsibility to ensure that the professional indemnity cover is appropriate for their practice
