Professional Disciplinary

(Applies to Full and Standard Members)

It is frustrating to learn that, sometimes when an error is made, the patient will report the pharmacist to the Royal Pharmaceutical Society of Great Britain because he thinks that this will help him to secure compensation. When an inspector investigates a genuine error, the least that one can expect is a verbal warning and the worst is a referral of your case to the Statutory Committee.

The PDA does not often hear of cases referred to the RPSGB until there is little that can be done. We can help in a more effective way if you let us know as soon as you learn that you are likely to be interviewed by an inspector. If the worst happens and you are referred to the Statutory Committee, we will cover the costs to defend your reputation, but we can help prevent that happening if you let us.

So what is the best procedure for you to follow if you are faced with the prospect of a disciplinary interview with an RPSGB inspector?

Suggested guidance

Formal interviews should be taken under caution: this is a verbal warning along the lines of “you do not have to say anything or reply to questions but if you fail to disclose something which you then rely on in your defence at a later stage, this may have negative consequences for you”.

You do not have to be interviewed there and then if the inspector calls on you unexpectedly. If it is inconvenient, say so, and arrange a more convenient time.

Take it slowly

Take some time before the interview to go over what you know. Consider having another person (another pharmacist, manager, PDA representative) present when you are being interviewed to take notes and support you.

See the evidence

Before starting to deal with any formal interview, ask to see the evidence. Satisfy yourself that an error or complaint has been made – ask to see it – before answering any questions.

You may decline to answer any or all of the questions put to you. However, your professional responsibility is to reply honestly to questions directly relating to the event under investigation.

Describe the environment you work in

Be frank with issues relating to staffing levels, training of staff and dispensing procedures, but be sure of your facts. An inspector will recognise a situation that arose not simply because of your error, but because of unacceptable policies enforced by your employer – but only if you tell the inspector about this.

Procedure

You may stop the interview at any time if you wish to have a break or to deal with other business. When a written record is made, in the inspector's notebook or on separate interview sheets, you will be asked to initial or sign to say they are correct. Take time to read it thoroughly before doing so. Your witness should also be asked to sign. Always ask for a copy to be left with you and forward a copy to your Head Office and/or insurers. If you are talking to the inspector casually, either before or after the formal interview, do not discuss the incident under investigation.

Written responses

If you need to reply to the RPSGB in writing, get it checked out by the PDA.

DEFEND YOURSELF:

If you are expecting a visit from an RPSGB inspector to discuss a complaint being made against you and you require additional support, then contact the PDA on 0121 694 7007. We will:

• Give you independent advice
• Give you practical support by providing you with an experienced mentor to assist you in any disciplinary proceedings instigated by the Society.
• Refer you to legal experts where appropriate.

Remember, as a member, you are covered for up to £500,000 of legal costs associated with any inquest convened to inquire into your professional activities or conduct, e.g. a Coroner's court or Statutory Committee hearing.