PLEA News

2023-04-27 8:54:53 Each year PLEA runs a law and ethics essay competition to foster wider thinking on issues of the day by students at UK and Ireland schools of Pharmacy. This years competition title for consideration was “The provision of community pharmacy services: Is it always necessary to have a

2023-03-28 12:07:47 In 2020, there were 31 convictions in England and Wales under the Psychoactive Substances Act 2016. There were 49 convictions in 2021. These included convictions related to nitrous oxide – commonly referred to as laughing gas. The Crown Prosecution Service does not break down the number of cases

2023-03-28 11:15:11 On 3 January 2023, we reported on a case in which an online pharmacy, Hexpress, challenged inspection findings by the Care Quality Commission (CQC) and sought an injunction to restrain the CQC from publishing a report that contained ratings varying from “inadequate”, to “requires improvement” up to “good”,

2023-03-21 18:08:25 The Department of  Health and Social Care (DHSC) conducted a consultation in late 2021 on a proposal to enable Prescription Only Medicines to be supplied in original packs even if the quantity supplied was more or less than the quantity prescribed. Currently, regulation 214 of the Human Medicines

2023-03-03 11:52:40 We have a lot of bookings for our seminar on 25 April, but a few places are still available. The seminar is free to members and will be held at Hempsons, 100 Wood Street, London, EC2V 7AN. Booking is essential and members must log in to book. Go to https://www.plea.org.uk/events.htm and click

2023-02-22 16:40:14 The government has published its response to its consultation Regulating healthcare professionals (to which PLEA submitted comments). The full government response can be read here https://www.gov.uk/government/consultations/regulating-healthcare-professionals-protecting-the-public?utm_source=sfmc&utm_medium=email&utm_campaign=2023_02_22_CDDaily Governance and operating framework In summary, the government intends to give all the healthcare regulators a similar legal framework and the power

2023-02-01 11:58:32 The First Tier Tribunal (General Regulatory Chamber) has just ruled on a request under the Freedom of Information Act 2000 (FoIA) by an unhappy patient for information about a doctor whose competence the patient sought to challenge. The ruling is likely to be equally applicable to pharmacists, pharmacy technicians

2023-01-23 17:21:24 The Law Society’s Gazette reports that a coroner has ruled that the deaths of two nurses at the start of the COVID-19 pandemic have been recorded as an industrial disease.  The LSG cautions that this does not necessarily mean that claims for damages will follow, but it seems likely

2023-01-03 16:11:43 Applications for permission to apply for judicial review are usually not fully reported because the judge does not decide whether or not the applicant’s arguments are correct; but only whether the applicant has an arguable case to be heard at a later date. However, R (on the application

2022-12-21 10:27:49 In recent years, there has been discussion about the extent to which workplace pressures have contributed to dispensing errors and to concerns about fitness to practise. The UK Chief Pharmaceutical Officers and the Chief Executives of the GPhC and the Pharmaceutical Society of Northern Ireland have sent a

2022-12-20 16:22:50 The GPhC is currently conducting a consultation on sanctions in discrimination cases https://www.pharmacyregulation.org/sites/default/files/document/discussion-paper-on-supporting-good-decision-making-at-hearings-december-2022.pdf    In general, the GPhC proposes that discrimination should result in sanctions at the upper end of the scale. The consultation paper says that health and social care regulators have been criticised by the Professional

2022-12-07 17:42:40 We have previously given you news of cases in which the courts have been asked to grant extensions of interim suspension orders imposed on healthcare professionals. Similar law applies across all the healthcare professionals. Most recent cases have not involved pharmacists. However, two recent applications to extend interim

2022-11-02 14:33:05 On 1 December 2022, the Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 and the Pharmacy (Preparation and Dispensing Errors – Hospital and Other Pharmacy Services ) Order 2022 will come into force.  The Orders are based on recommendations of the Pharmacy Rebalancing Board. The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists

2022-10-10 15:02:39 All the healthcare regulators have similar or identical powers to impose interim orders, such as suspension or conditions, pending a final fitness to practise hearing. Generally, these powers are exercisable if it is necessary for the protection of the public or is otherwise in the interests of the

2022-10-04 11:01:49 The Professional Standards Authority (PSA) has just published its performance review of the General Pharmaceutical Council for 2021-2022 (to which PLEA contributed). Our summary is below. You can find the full review here https://www.professionalstandards.org.uk/publications/performance-review-detail/monitoring-report-gphc-2021-22   Key PSA findings   These include:   “Concerns have been raised about whether

2022-09-20 10:06:04 The Professional Standards Authority (PSA), which oversees all the statutory UK healthcare regulators, has just published a report entitled Safer Care for All https://www.professionalstandards.org.uk/safer-care-for-all The report concludes that there are structural gaps in healthcare regulation. A key recommendation in the report is that each UK nation should have

2022-08-28 20:25:55 The GPhC’s Fitness to Practise Committee can impose on a registrant an interim suspension of up to 18 months pending a final hearing of fitness to practise allegations if it is necessary for the protection of members of the public or is otherwise in the public interest or

2022-08-01 17:09:19 From 1 August 2022, David Reissner has been awarded an honorary chair appointment at the University of Nottingham School of Pharmacy. David is Honorary Professor in Pharmacy and Medicines Law. David has been considered by many, the country’s leading expert in Pharmacy Law. David recently retired as Head of

2022-07-26 17:59:21 We have reported on recent cases involving words published on social media and the tension between the requirement to behave professionally at all times and the right to freedom of expression. In Kwiatkowski v Bar Standards Board [2022] EWHC 1800 (Admin), a senior barrister was found guilty of

2022-06-24 17:45:39 The General Pharmaceutical Council (Fitness to Practise and Disqualification etc) Rules which govern the GPhC’s Fitness to Practise procedures have been amended by the General Pharmaceutical Council (Amendment) Rules Order of Council 2022. The amendments, which will come into force on 6 October 2022, adopt changes that were

2022-05-25 14:23:03 At our seminar on 4 May 2022, Mark Harries QC gave a presentation on Sexual misconduct in healthcare fitness to practise cases. The presentation, comprised of two documents, can be accessed on the home page of our website. Amongst other things, Mark remarked on the different approaches of

2022-05-13 13:25:03 Our detailed response to the Department of Health and Social Care’s consultation on hub and spoke dispensing has been submitted. You can read it by clicking on the link on our website home page.

2022-05-10 18:34:58 On 19 September 2021, we reported that in Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363, the Court of Appeal had overtunred the Divisional Court’s decision on the the continuing practice of the Tavistock Cliniic to prescribe puberty-suppressing hormone blockers to children under the age of

2022-05-01 19:22:36 The Pharmacy Rebalancing Board made proposals for changes in the law on which the Department of Health and Social Care conducted a consultation in 2018. DHSC has just published its intentions in the light of the consultation responses, one of which was submitted by PLEA – https://www.gov.uk/government/consultations/pharmacy-legislation-on-dispensing-errors-and-organisational-governance/outcome/rebalancing-medicines-legislation-and-pharmacy-regulation-programme-consultation-outcome .

2022-04-13 17:30:12 The Medicines and Healthcare products Regulatory Agency (MHRA) has just published its annual report for 2021 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1061427/Annual_Report_2021.pdf Amongst other things: The MHRA received 144 complaints, significantly down on 2020 and 2019. 53 complaints led to investigation and 89 were referred to other bodies such as the Advertising Standards

2022-03-29 9:31:28 The Human Medicines (Amendments Relating to the Early Access to Medicines Scheme) Regulations 2022 will come into force on 15 April 2022. The Regulations amend the Human Medicines Regulations 2012 by making provision for the establishment and operation of the statutory version of the Early Access to Medicine

2022-03-17 9:43:16 The Department of Health and Social Care has just launched its long-awaited consultation on hub and spoke dispensing https://www.gov.uk/government/consultations/hub-and-spoke-dispensing  Currently, one pharmacy cannot dispense medicines for another without a manufacturer’s licence, but there is an exemption in section 10 of the Medicines Act 1968 for pharmacies in common ownership.

2022-03-06 18:31:36 At our annual seminar on 4 May, Mark Harries QC will be talking about Sexual misconduct in healthcare Fitness to Practise cases. Places are still available for the seminar, but please book as soon as possible to enable us to deal with seating and catering arrangements. Meanwhile, members

2022-02-25 16:25:51 In Secretary of State for Health v Servier Laboratories and others [2022] EWHC 369 (Ch), The Secretary of State and various health bodies across the UK are claiming damages from Servier Laboratories for breaches of UK and EU competition law that resulted in the NHS paying more for

2022-02-17 14:32:44 In Sawati v General Medical Council [2022] EWHC 283 (Admin), Mrs Justice Collins Rice wrestled with an issue that has been the subject of a number of cases in recent years: to what extent should a fitness to practise tribunal take into account when deciding on sanction the