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Disciplined for a single dispensing error

This article reflects on the implications of the new Responsible Pharmacist regulations in the event that a pharmacist is disciplined by their employer for dispensing errors.

February 2009 The PDA

We highlighted to Sainsbury’s that as they had now taken a decision to issue a written warning to a pharmacist because of a single dispensing error, this was an important precedent which would now have to inform the company’s future approach; a consistent approach to employment disciplinary procedures is an expectation placed upon an employer by employment legislation and test case precedent. Consequently, it was going to be important that all Sainsbury’s employed pharmacists should be notified that a single error is a disciplinary offence (but probably only if the customer complains). It is possible that Sainsbury’s may not yet have told their employed pharmacists, so we are providing advance notification by issuing this email.

The PDA has a number of concerns about this unusual approach to single dispensing errors. Firstly Sainsbury’s approach mitigates against encouraging an open reporting culture, as pharmacists will be discouraged from investigating and reporting errors, if they know that one error that caused no harm will lead to them being disciplined. Secondly our fear is that now there is an imminent obligation for the Responsible Pharmacist to ensure the safe and effective running of the entire pharmacy, then this greater legal burden may be used as further grounds for pharmacists to be disciplined for errors or breaches of regulations by them or even by other staff in the future.

The Pharmacists' Defence Association is a company limited by guarantee. Registered in England; Company No 4746656.

The Pharmacists' Defence Association is an appointed representative in respect of insurance mediation activities only of
The Pharmacy Insurance Agency Limited which is registered in England and Wales under company number 2591975
and is authorised and regulated by the Financial Conduct Authority (Register No 307063)

The PDA Union is recognised by the Certification Officer as an independent trade union.

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