Pharmacy Brief - June 2015

Tendering for Public Health Services

When public health services are put out to tender, it is important that the commissioner is fair, transparent and sticks to its own rules for scoring. We recently acted for clients whose bids to provide supervised consumption and other services were unsuccessful. We pointed out a number of deficiencies to the local authority, and the local authority agreed to re-run the tender without the need for our clients to go to court. Anyone aggrieved by a procurement decision will only have days to challenge it so it is essential to seek legal advice urgently.

POM supplies by Public Health England

The Department of Health has amended the Human Medicines Regulations to enable Public Health England to supply prescription only medicines under a patient group direction. The Department did not carry out a full impact assessment as it considered there would be no, or no significant, impact on the sector.

Data Protection

The Information Commissioner's Office is looking hard at the health sector because sensitive personal data is used, and heavy fines can be imposed for breaches of the Data Protection Act. A pharmacist was recently convicted of breaching data law, and an eye care company has been warned to stop sending out nuisance text messages or face further action.

All pharmacies should ensure they have transparent data privacy notices and appropriate policies and procedures to deal with compliance, particularly with increase in electronic processing and paperless records. Problems can be minimised by explaining to patients that prescription information is maintained to help with their care, how and data will be used. Consent can be obtained by including some suitable wording, for example on forms that patients sign when they sign up for a collection and delivery service.

For further information on data protection and cyber security compliance please contact us.

Internet Pharmacy

As soon as the MHRA can get the technology in place, all UK internet pharmacies will have to display this logo.

Fitness to Practise Sanctions

A GPhC consultation on fitness to practise sanctions has recently closed.

The proposed sanctions look like a common-sense way forward. In relation to cases of dishonesty, which provoked a lively debate at our recent conferences in London and Manchester, the GPhC view is that "cases of dishonesty can be complicated and that committees should carefully consider the context and circumstances in which the...