Key Summary
- It will not proceed against pharmacy owners who have removed their associated premises from the register after the disqualification proceedings began
- GPhC feels such proceedings would require a significant amount of resources and will not lead to any premises being removed from their register
- It claims this approach meets the principles of “Right-touch regulation” promoted by the Professional Standards Authority
- It can use the information it has about the pharmacy owners and directors to disallow them from registering as pharmacy owners in the future
The General Pharmaceutical Council (GPhC), which is now developing a new disqualification policy and reviewing open cases, has decided not to proceed against pharmacy owners who have removed their associated premises from the register after the disqualification proceedings began.
The pharmacy regulator noted that though this does not prevent them from continuing to take action against such pharmacy owners, it is of the view that it would not be in the "public interest" to pursue these cases to a full disqualification.
The main reason cited is that the lack of registered premises attached to these pharmacy owners means there is no current risk to the public.
"A disqualification finding against these owners would not lead to any premises being removed from our register."
The regulator said it would have to "expend significant resources to hold these disqualification hearings", and it does not consider this would be a "proportionate use of resources".
"The information we hold on the pharmacy owners, including the involvement of individual directors, can be taken into account in our registration decisions and can support a refusal to allow these entities to register as pharmacy owners," it added.
The regulator believes that this approach will enable it to achieve its objective of protecting the public without holding full disqualification hearings.
It stated that this approach aligns with the principles of “Right-touch regulation” promoted by the Professional Standards Authority.
The GPhC has the power to disqualify pharmacy owners under the Medicines Act 1968, and this power was extended in March 2018.
Since then, the GPhC has opened a small number of disqualification cases.
The GPhC's Fitness to Practise Committee has the power to disqualify pharmacy owners from starting new pharmacy ventures in the future and remove premises attached to disqualified owners from its register.
