The function of the Investigating Committee is set out in Article 50 of the Pharmacists and Pharmacy Technicians Order 2007 and Rule 6 of the Royal Pharmaceutical Society of Great Britain (Fitness to Practise and Disqualification etc) Rules 2007.
For the Order and Rules, click on the links below:
Contact:
Tel: 020 7572 2469
Fax: 020 7572 2510
e-mail: sophia.andreou@rpsgb.org
Tel: 020 7572 2475
Fax: 020 7572 2510
e-mail: sonia.agriao-tiedt@rpsgb.org
For more information click on the links below:
The circumstances in which the Registrar may decide not to refer fitness to practise allegations are set out under Rule 9 of the Royal Pharmaceutical Society of Great Britain (Fitness to Practise and Disqualification etc) Rules 2007. The circumstances include where a fitness to practise allegation is of a type that the Council has stated in its published threshold criteria (as amended from time to time). Those cases not meeting the published threshold criteria will not be referred to the Investigating Committee.
Following a consultation on threshold criteria which ended on 18 April 2008, the Royal Pharmaceutical Society of Great Britain’s Council agreed at its meeting in June 2008 on the types of cases that can be dealt with by way of non-referral to the Investigating Committee, the threshold criteria to be applied for such cases and the framework for handling the cases. In particular the Council agreed:
(i) That subject to the published threshold criteria set out below, cases involving single one-off dispensing errors should not be referred to the Investigating Committee.
(ii) That the scope of a single one-off dispensing error should include errors made during the dispensing process, from receipt of prescription through to supply of the dispensed medicine to the patient. The scope of 'dispensing error' should not include 'near misses', which are medication errors that never reach the patient/representative.
(iii) That cases against registrants which are not referred should be disposed of by way of a letter sent to the registrant where the individual admits the allegations made and accepts the advice provided. Records should be maintained for five years as part of the registrant’s fitness to practise history where the registrant has admitted to the allegations made and accepted the advice provided.
(iv) That subject to the published threshold criteria set out below, the further categories of cases that are suitable for non-referral to the Investigating Committee should include the categories of cases set out below.
For more information, click on the links below:
For the annual report of the Chairman of the Investigating Committee, April 2009, click on the link below:
The members of the Investigating Committee are:
Karen Rea (Chairman)
Judith Worthington (Deputy Chairman)
Sarah Brown (Lay member)
Peter Curphey (Reserve Pharmacist)
V'lain Fenton-May (Pharmacist member)
Gillian Fleming (Lay member)
Corrine Hunt (Pharmacy technician member)
Mohammed Hussain (Pharmacist member)
Julie Mathieson (Pharmacy technician member)
Linda Stone (Pharmacist member)
Kenneth Thomson (Lay member)
For the register of members' interests, click on a member's name in the list above
For an explanation of the register of members' interests, click here
All committee members are expected to abide by a Code of Conduct. To see the Code, click here
The Investigating Committee of the Royal Pharmaceutical Society of Great Britain has accepted the following undertakings under Rule 13 (4) of the Royal Pharmaceutical Society of Great Britain (Fitness to Practise and Disqualification etc.) Rules 2007:
October 2008
March 2008
November 2007
August 2007
June 2007
The only outcomes of the Investigating Committee published are undertakings relating to the practice of registrants. No other outcomes of the Investigating Committee are published.
Essentially, the Investigating Committee is a screening committee. It is required to consider all cases referred to it, and to decide whether or not to refer the case to the Disciplinary Committee or the Health Committee, or whether the Society should bring a criminal prosecution.
When deciding to refer a case, the Investigating Committee may recommend that it should be fast tracked, put before the relevant committee for urgent consideration of whether or not to impose an interim order, or that a case management meeting should be held.
Before making its decision, the Investigating Committee may order further inquiries to be made, including obtaining medical reports. Where the allegation is admitted, the Investigating Committee may decide, instead of referring a case, to accept written undertakings from a registrant or to issue a warning (Rule 13). The Investigating Committee also has the power to give advice.
The Investigating Committee may decide to take no further action, but the registrant will be informed that should any further allegation be received by the Society within 5 years, the original allegation may be reconsidered. The Committee may also reconsider its decision at any time within 5 years, if it receives new evidence or information (Rule 15).
The Investigating Committee sits in private and does not hear oral evidence (Rule 12(1)). The Committee can receive any documentary evidence, subject only to the requirements of relevance and fairness (Rule 30).
The Investigating Committee will employ a "real prospect test" in deciding whether or not to refer a case to the Health or Disciplinary Committee and will take into account its referral criteria, and any guidance issued by the Society (Rules 12(3) and (5)).
The Registrar is required to notify the registrant of the decision taken by the Investigating Committee (Article 50(3)(c)). In practice, this is done by the Committee Secretariat.
For a guide to the matters that the Committee will take into account in deciding whether or not to refer a matter to the Disciplinary Committee or Health Committee, click on the link below:
The statutory registration of pharmacy technicians is expected in July 2009 once Order 1B of the Pharmacy and Pharmacy Technicians Order 2007 enables this provision. This will mean that technicians will be subject to the same regulatory arrangements as pharmacists.
Currently pharmacy technicians join a voluntary register and sign up to a voluntary registration protocol approved by the Society’s Council. They also agree to be bound by the Code of Ethics for pharmacists and pharmacy technicians and to be subject to investigation and be bound by the outcome of a statutory committee in cases involving fitness to practice or misconduct. If a pharmacy technician has not joined the voluntary register then they do not currently come within the jurisdiction of the Society.
The current 2008 protocol can be found by clicking on the link below:
In January 2009 the Society put in place an interim mechanism consisting of 2 practice directions approved by an interim Disciplinary Committee. These allow for fitness to practise or misconduct cases involving technicians on the voluntary register to be dealt with by an interim Investigating Committee or an interim Disciplinary Committee.
The two practice directions can be found by clicking on the links below:
Interim Investigating Committee practice direction
Interim Disciplinary Committee practice direction
On 1 April 2009 the Investigating Committee approved a set of referral criteria as a guide to the matters that an interim Investigating Committee will take into account in deciding whether or not to refer a matter to an interim Disciplinary Committee. To view the referral criteria, click on the link below: