Professionalism and fitness to practice

What is the professional standards authority and what power do they have

Example: CHRE

Overarching body responsible for regulating the regulators

Can refer fitness to practice to high court

Monitors policy in UK + Europe and advises UK GOV

What actions can cause impaired fitness to practice

• Misconduct

• Lack of competence

• Adverse physical or mental health

• Poor english

• Criminal offence

• determined by another health care regulator

What is the function of fitness to practice committees

• to protect the public

• maintain public confidence

• uphold proper standards

• report people that break conduct

What are the rights of a registrant

Article 6(1)

unbiased tribunal

right to be present + represented

right to be informed of decision + reasons

What is the role of GPHC inspectors

Investigates allegations

Enforces standards e.g. poisons legislation + Medicines act 1968

enforce provisions of veterinary medicines regulations

enforces provisions of offences

What are the 3 categories for threshold criteria for fitness to practise

Conduct, performance: risk to public safety, undermined/failure of pharmacy standards, can’t trust their integrity

Health: adverse physical or mental health

Public interest : in public interest to refer

Which 3 parties are involved in GPhC process

GPhC registrar

investigating committee

Fitness to practice committee

investigating committee

screens and considers cases

decides whether to refer to fitness to practice

or GPhC criminal prosecution

Can order further inquiries to be made e.g. medical records

IN PRIVATE NO TESTIMONIES

Where do most fitness to practice referrals come from

in community

due to more employees

sole working

pressure

long working hours

What is the fitness to practice committee

Public hearings, decisions in private

schedules hearings

considers allegations from investigating committee

What actions can the fitness to practice committee take if a person is impaired

• give a warning

• May be recorded in a register

• gives advice

• remove the registrant

• suspends the registrant

• place conditions on registrants registration for 3 years

• can initiate criminal proceedings by GPhC council

• Can request medical examination

IF NOT IMPAIRED:

• Gives advice

• Gives a warning

What is an interim order

An interim order is a temporary court order that's in place while legal proceedings are ongoing.

• necessary for protection of the public

• in the public interest

• in the registrants interest

  Immediate effect for up to 18 months
  

What kind of mental health issues can impair fitness to practice

Mental illness

drug misuse

alcohol dependence

What evidence is considered for fitness to practice

criminal convictions

cautions

findings by a responsible body

allegations, complaints or information about the applicant

Testimonials and character references

additional behaviour that’s considered

• lack of effort to rehabilitate

• Understanding (or lack of understanding) of their actions.

• extent of references or testimonials that balance out past behavior.

• Whether the behavior was a one-time event or part of a pattern.

• Whether the applicant disclosed the behavior during the application process.

• Level of cooperation with GPhC investigations

serious issues

• dishonesty, fraud

• drugs, alcohol

• criminal conviction

• violence

• sexual harassment adults and children

• trafficking of drugs

• public threat

• discrimination

good health assessment

•In deciding whether or not an applicant is of good health, the Registrar will consider whether or not there is any evidence about his health. Such evidence may include:

•Self-declaration

•Health questionnaire

•Medical or occupational health report

•Testimonials and statements

legal representation

PDA

NHS National clinical assessment service

Case study 1

Student found in possession of class A drugs

Action:

Issued a warning

Fitness to practice committee

Leniency has changed in recent years

Drug use is unacceptable

standards must be upheld to the public

Student first time offence

Case 2

Student theft and was unable to register in their pre reg year

Action: Register with limits to practice

Repeated actions

Consider financial irregularities

Case 3

Pharmacist caught speeding + references of good character outdated

Claims he wasn’t driving at the time but lied

Action: Didn’t accept responsibility for their actions

Removed from the register as tried to blame someone else, kept lying and ended up in court

Case 4

Patient wanted the morning after pill, pharmacist acted inappropriately

Lawyer claims man of good character

Action: Struck off, public news

Case 5

Indecent images

Action: Removed from register

However the pharmacist demonstrated good behaviour and allowed back on the register as no previous records

Case 6

Falsified date checks, didn’t investigate dispensing errors, bad practice

Action: suspended for one month

Fitness to practice

Number of cases in front of committee is around 80/5000

Half are suspended

13 struck off

few with warnings or no further action