Professional Regulations 1 Flashcards
core functions of hc professional regulators
- Setting & promoting stds for admission to the register (accreditation of degrees)
- Keeping register of those who meet standards
- Setting & promoting stds for remaining on register & checking that they continue to meet stds
- Dealing with cases where right to remain on the register questioned
- Ensuring high standards of education for those that they regulate
- Maintain & promote code of ethics/standards
Who is the mandatory regulator of the pharmacy profession?
GPhC
Who established the GPhC?
Pharmacy Order 2010
government and GPhC
GPhC is independent of goverenment
What is revalidation?
each year registrants (pharmacist and PT) ‘licence to practice’ must be reviewed
main objective of GPhC
public protection
GPhC council
- appointed by an Independent Appointments
Commission - consists of 7 registrant members and 7 lay members
- 1 of the lay members is the Chair
- regulates the pharmacy profession across Great Britain
where can concerns come from that GPhC look into
- the public
- pharmacy professional
- other hc professional
- organisations
- police
- GPhC inspector
define FTP
‘a person’s suitability to be on our register without restrictions’
when does pharmacy professional have FTP
- have the skills, knowledge, character and health to do their job safely & effectively
AND - act professionally and meet the principles of good practice set out in our various standards, guidance and advice
when would a pharmacy professional NOT be fit to practice
- behaviour may be putting patients at risk
- may be practising in an unsafe way
- health may be affecting their ability to make safe judgements about their work and patients
definition of ‘impaired’ FTP
- misconduct
- lack of professional performance
- adverse physical/mental health which impairs ability to practise safely & effectively
- conviction/caution for a criminal offence
When is FTP assessed?
- Joining register for first time
- Annual renewal of registration
- In response to allegation of impaired FTP
- If GPhC is made aware of info that calls into question a their FTP
under the FTP rules a registrant must notify the GPhC if…
must notify GPhC in writing within 7 days if:
- convicted of a criminal offence
- accepts a caution
what could failure to disclose mean
may be considered misconduct
concerns process of GPhC
STAGE 1: concern received and asssessed
STAGE 2: initial enquiries & investigation
STAGE 3: investigating committee
STAGE 4: FTP committee
When would complaint be referred onto the investigating committee?
CONDUCT/PERFORMANCE
- risk to patient safety
- undermines confidence in the pharmacy profession
- failure to meet any of the stds
- honesty/integritycan’t be relied upton
HEALTH
- adverse physical/mental health, risk to ability to practice safely/effectively
AND in public interest to refer
What does the Investigating Committee do?
- screening committee
- consider all cases referred and decides whether allegation shoudl be considered by FTP committee
- meets in private, doesn’t hear oral evidence
- considers ‘written representatives’
- can seek legal/clinical adviser
- all documents/discussions remain confidential
outcomes from Investigating committee
- issue warning
- issue advice
- dismiss case
- if health allegation, require person to undergo medical examination
- agrere undertakings with person concerned (can practice, with restrictions)
- refer to FTP committee
- initiate criminal proceedings
What is the FTP committee?
- hearings held in public (ecxept health allegation cases or interim order hearing)
- similar to court
- statements of case given, oral and written evidence
- legal representation on each side allowed
- can be witnesses
- vote on outcome
- also cases of people removed from register and want to be restored to the register
outcomes from FTP committee
- agrere undertakings with person concerned
- warning to person
- entry to register conditional if person complies to requirements, max duration 3 years
- suspended from register for period not exceeding 12mths
- entry to register is removed
things for FTP committee to consider when deciding on the sanction
- extent registrant has breached stds for pharmacy professionals
- interests of the registrant weighed against public interest
- personal circumstances of registrant
- testimonials of character references
- factors that may aggravate registrant’s conduct in the case
- statements from patients/others affected by conduct of registrant
- GPhC guidance on sanctions
aggravating factors that FTP committee need to consider (make case worse)
- dishonesty
- under influence of drugs/alcohol
- lack of insight
mitigating factors that FTP committee need to consider (caused pharmacist to behave that way)
- personal matters (bereavement)
- repayment of any funds
- co-operation with investigation
- open admission at an early stage
- demonstrating insight
- absence of actual/potential harm to patients/public
public interest considerations FTP committee need to consider
- protection of the public
- maintenance of public confidence in the profession
- maintenance of proper stds of behaviour
is public interest or registrant consequences more important for FTP committee
public interest
What is an interim order (IO)?
- an urgent action taken by the GPhC which can suspend a registrant from practicing or can restrict their practice
- if registrant’s behaviour/practice/health is a risk to themselves or the public
When can GPhC apply for IO?
at any stage of the FTP process
Who hears hearings for IOs?
Fitness to Practice Committee
What happens if IO in place?
FTP process will continue if an IO is in place
time IO in place
- can be in place for any time up to 18 months
- reviewed every 6 months
What is the Professional Standards Authority (PSA)?
- oversees GPhC
- ensures consistency between regulatory bodies
- reviewes disclinipary decisions made by hc regulators
- reviews sample of cases that don’t make it to FPT committee hearing
- purpose to ensure public interest & safety
- power to intervene and can refer regulator to high court if lenient
- council made up of lay members
