professional regulation part 1 Flashcards
what are the core functions of healthcare professional regulators?
- setting and promoting standards for admission to the register
-keeping a register of those who meet the standards - setting and promoting standards for remaining on the register and checking that they continue to meet those standards
-dealing with cases where a perons right to remain on register has been questioned
-ensuring high stds of education for those that they regulate and that they mainatin their competency
-maintain and promote code of ethics/ std
what is the GPHc?
mandatory regulator of the pharmacy profession
what established the GPHC?
the pharmacy order 2010
what is the GPHC indipendent of?
government
what is the GPHCs main objective?
public protection
who does the GPHC support?
designed to support pharmacists and pharmacy technicians rather than being purely a means of discipline
aims to identify, address and learn from poor practice and behaviour
what does the GPHC not advocate?
The GPhC doesn’t advocate for the pharmacy profession or ‘advance’ the profession (c.f. GMC, GDC, GOC etc)
who does the council of the GPHC consist of?
- The Council is appointed by an Independent Appointments Commission. Council members are not elected by anyone.
- It consists of 7 registrant members and 7 lay members (1 of the lay members is the Chair)
who is the chair of the GPHC?
Gisela Abbam
does the GPHC regulate NI?
no
what do the council do?
- Responsible for the strategic direction and policy issues of the GPhCR
- The Council ratifies (and can amend) those decisions made by the committees of the GPhC
- Council meeting agendas and minutes are available on the website
what does the GPHC investigate?
concerns where a registrant’s
fitness to practise is called into question. - ie professiona;, performance , conudct
how does the GPHC define fitness to practice?
as a person’s suitability to be on our register without restrictions
when is a pharmacy professional fitness to practice?
- they have the skills, knowledge, character and health to do their job safely and effectively, and
- act professionally and meet the principles of good practice set out in our various standards, guidance and advice
when may a pharmacy professional not be fit to practice?
- Their behaviour may be putting patients at risk
- They may be practising in an unsafe way
- Their health may be affecting their ability to make safe judgements about their work and patients
how is impaired FTP defined?
Defined in the Pharmacy Order 2010 as
* Misconduct
* Deficient professional performance (includes incompetence)
* Adverse physical or mental health which impairs on ability to
practise safely and effectively
* A conviction or caution in the UK for a criminal offence (or
elsewhere if it would be a criminal offence in the UK)
where can a persons FTP be impaired?
- outside Great Britain; and
- at any time
when is FTP assessed?
- Joining the register for the first time
- Annual renewal of registration
- In response to an allegation of impaired FTP
- If the GPhC is made aware of information that calls into question a
registrant’s FTP
when must a person notice the GPHC if they are convicted of a criminal offence/ accepts a caution?
within 7 days
failure to do so may result in misconduct
what steps do the GPHC take in managing concerns process?
Stage 1: Concern receivedand assessed
Stage 2: Initial enquiries and investigation
Stage 3: Investigating Committee
Stage 4: Fitness to Practise Committee
when will the registar not refer a case to the unvesitigating committee unless?
the evidence suggests that:
Conduct or performance
* Actual or potential risk to patient safety
* Undermines or is likely to undermine, confidence in the pharmacy professions
* There has been a serious or persistent failure to meet any of the standards for
pharmacy professionals
* Honesty or integrity of the registrant can no longer be relied upon
Health
* Adverse physical or mental health which presents a risk to the registrant’s ability to
practise safely or effectively
And it is in the public interest to refer
* If the case is not referred the registrar may decide to take no action (the case is
dismissed) or issue informal guidance to the registrant
what is the investigating committee?
screening committee
* It is required to consider all cases referred to it and decide whether the allegation ought to be considered by the Fitness to Practise Committee
* It meets in private and does not hear oral evidence
* It considers ‘written representations’ on the allegation
* The Committee may seek advice from a legal and/or clinical adviser
after the investigating committee consider all the facts what may they decide to do?
- to issue a warning to the person concerned
- to issue advice to the person concerned or body involved
in its investigation - to dismiss the case
- in relation to a health allegation, to require the person concerned to undergo a medical examination
- to agree undertakings with the person concerned
- to refer the matter to the Fitness to Practise Committee
- to initiate criminal proceedings
where are the hearings held?
in public
what format do the hearings follow?
- Hearing similar format to that of a court
- statements of case are given
- oral and written evidence is heard
- legal representation on each side is allowed
- witnesses can be asked to appear before the Committee
what may the fitness to practice committe sanction?
- The extent the registrant has breached the Standards for Pharmacy
Professionals - Interests of the registrant weighed against the public interest
- Personal circumstances of the registrant and any mitigation they have offered
- Any testimonials or character references made in support of the registrant
- Any relevant factors that may aggravate the registrant’s conduct in the case
- Any statement of views produced by a patient or anyone else affected
by the conduct of the registrant - GPhC Guidance on Sanctions
what are the aggravating/ mitigating factors in a case?
- Aggravating factors
- Dishonesty
- Under the influence of drugs or alcohol
- Lack of insight
- Mitigating factors
- Relevant personal matters (e.g. bereavement)
- Repayment of any funds
- Co-operation with the investigation
- Open and frank admission at an early stage
- Demonstrating insight
- Absence of actual or potential harm to patients or the public
what are the public interest considerations?
- Protection of the public
- Maintenance of public confidence in the profession
- Maintenance of proper standards of behavior
what are the possible directions the FTP committee may deicide?
- agree undertakings with the person concerned
- give a warning to the person concerned
- give a direction that the entry in the Register of the person concerned be
conditional upon that person complying, during a period not exceeding 3
years, with such requirements as the Committee thinks fit - give a direction that the person be suspended from the Register, for a
period not exceeding 12 months - give a direction that the entry in the Register of the person concerned be
removed - if removal from the register, registrant can only apply for restoration after
a period of 5 years has elapsed
what is an interim order?
An Interim Order (IO) is an urgent action taken by the GPhC which can suspend a registrant from practicing or can restrict their
practice
* This would be in cases where a registrant’s behaviour, practice or health presents a risk to themselves or the public
how long can an IO last?
An IO can be in place for any time up to 18 months, and is reviewed
every 6 months
what is psa?
Oversees the nine health regulators’ performance on an annual basis
* Aims is to ensure greater consistency between regulatory bodies
* Reviews all disciplinary decisions made by the healthcare regulators
* Also reviews a sample of cases that do not make it to a Fitness to Practise Committee hearing
