The guidance, applicable to employees and self employed locums, has apparently been developed in conjunction with the RPSGB, although the PDA has not seen any information to confirm this. The guidance appears solely designed to allow the Company to lawfully assemble, prepare and accuracy check prescriptions without a pharmacist being present; at times the pharmacy is closed to the public.
Pharmacists are being instructed to follow one of two methods for legitimising the Company’s operations.
- Pharmacists are to sign in at the start of the week and off again at the end, in pharmacies that operate outside normal opening hours.
- Pharmacists are to complete an “advance declaration” that they will be the RP at a given time in the future at a particular pharmacy and enact the absence provisions in the declaration. This document is to be provided to the pharmacy in advance, either by personally delivering it, or sending it by fax or email.
The guidance issued by the company, as well as the scenarios provided to illustrate the principles, raise a number of significant issues and questions. The PDA has contacted the Superintendent Pharmacist directly to seek urgent clarification of these and will feed back to our members in due course. In the meantime we strongly recommend that any pharmacist being expected to operate under this guidance seek written answers from their line manager to the following questions. Employee pharmacists may wish to forward this message directly to their line manager for a response. Locum pharmacists should also establish the answers to these questions before accepting a booking. It does appear that locums will be able to choose not to follow the new process and will not have to sign on in advance.
- The Company instructs pharmacists to act as the unpaid RP whilst at home, when travelling to/from work or at lunch, so that commercial pharmacy activities can lawfully take place out of hours or whilst the pharmacist is on an unpaid break. However the absence provisions within the RP regulations were designed and promoted to permit pharmacists to extend their professional role and enhance services to patients by freeing them from the pharmacy for such activities. How does the Company’s application and interpretation of the absence provisions fulfil this aspiration?
- If I decide to use the “Advance Declaration Template” am I expected to be available, be contactable and be able to travel to the pharmacy within reasonable promptness, when I am absent in this manner?
- In the event that I have not been working at the pharmacy during the preceding day(s) and decide to use the “Advance Declaration Template” for a future period of time, what steps does the Company expect me to take in order to satisfy myself that the activities which are being completed in my absence, including accuracy checking, are being undertaken in a safe & effective manner?
- In the event that I agree to complete the “Advance Declaration Template” for absence, or remain signed on throughout the week, are the hours where I am designated as the Responsible Pharmacist (but absent) regarded by the Company as working time?
- If not, why not?
- If the Company confirms that all of the time where I am recorded as the RP (including periods of absence) is working time, will the Company recognise this in the form of additional remuneration or in some other way?
- Why has the Company not formally consulted with me about this significant change to my employment?
- If I do not wish to sign on as the RP in this manner, will I be subjected to any disciplinary action or suffer any detrimental treatment by the Company?
Pharmacists who have any specific concerns about these arrangements should contact the PDA directly for specific advice. Once we have a response from the Company, we will update our members.