Pharmacist Discipline
Offence and Unregistered Person
A registered pharmacist or registered druggist who accepts skilled assistance from an unregistered person is guilty of an offence unless the assistance is part of the training or education of the person.
It is an offence when a person holds incorrectly themselves out to be a registered pharmacist or registered druggist, or uses a symbol, device or description to infer that they are so registered.
Complaints, Inquiries and Discipline
The Council is to establish a preliminary proceedings committee, a professional conduct committee and a health committee to perform functions and exercise powers in regard to complaints, inquiries and discipline, and sets out membership of such committees. The Council shall appoint a registered medical practitioner with relevant expertise to advise a health committee in relation to each complaint referred to that committee.
Complaints about registered pharmacists.
There are  grounds under which a complaint may be made against a registered pharmacist. There are  grounds under which a complaint may be made against a registered retail pharmacy business.
The Council may develop guidelines for resolving complaints by mediation with the consent of the complainant and the registered pharmacist or pharmacy owner against whom the complaint was made.
A complaint may be referred to a preliminary proceedings committee for its advice on whether there is sufficient cause to warrant further action being taken.
Action by Council on advice for no further action
The Council may  decide whether no further action be taken in relation to a complaint. The Council must inform the registered pharmacy or pharmacy owner, the preliminary proceedings committee and the complainant accordingly.
The 2007 Act outlines the steps which the preliminary proceedings committee may take if it advises, or the Council decides that there is sufficient cause to warrant further action
Referral of complaint to committee of inquiry and of hearing.
As soon as practicable after a complaint is referred to a committee of inquiry, the committee shall notify the registered pharmacist or pharmacy owner of the referral of the complaint to the committee, the subject matter of the complaint, and the entitlement of the registered pharmacist or pharmacy owner or his or her representative, to be present and be heard at the hearing before the committee of inquiry.
Not later than 30 days before the date of the hearing, the committee must notify the registered pharmacist or pharmacy owner and the complainant of the date, time and place of the hearing.
The 2007 Act provides for the conduct of a hearing. A hearing before a professional conduct committee will generally be held in public. A hearing before a health committee will generally be held in private.
At a hearing before a committee of inquiry, any person, with leave of the committee may lead the evidence in support of the complaint, testimony of witnesses is given on oath and there is a full right to cross examine witnesses and to call evidence in defence and reply.
A committee of inquiry to which a complaint is referred may transfer the complaint to another committee of inquiry but only if it is satisfied that it is appropriate to do so and that the registered pharmacist or pharmacy owner will not be prejudiced by doing so.
Each committee of inquiry has the powers, rights and privileges vested in the Court relating to enforcing the attendance of witnesses, examining witnesses on oath and compelling the production of records. The committee may receive evidence, and a witness has the same immunities and privileges as a witness before the Court. It an offence to fail to comply with a summons or to refuse to cooperate with the committee.
The committee may decide to take no further action if a complaint is withdrawn or to proceed as if the complaint had not been withdrawn.
Interim suspension of registration
The Court, on application by the Council, may suspend the registration of a registered pharmacist or pharmacy owner pending the completion of an inquiry, if it considers that the action is necessary to protect the health and safety of the public. The person must be notified of the Council’s intention to apply for an order of suspension.
A committee of inquiry may request registered pharmacist or pharmacy owner to undertake such action as it deems appropriate. On completion of an inquiry, a committee of inquiry must submit its findings in writing to the Council and specifies the items that must be included in the report.
Action by Council on report by disciplinary committee.
Within 30 days after considering the report by the disciplinary committee, the Council shall:
- dismiss the complaint if it has not been substantiated or
- impose one or more of the following disciplinary sanctions on the registered pharmacist or pharmacy owner if the complaint has been substantiated:
- an admonishment or a censure;
- the attachment of conditions to the registration, which may include restrictions on practice or, on the conduct of the pharmacy;
- the suspension of the registration for a specified period;
- the cancellation of the registration;
- a prohibition for a specified period on applying for restoration to the register.
As soon as practicable after deciding to impose a disciplinary sanction, the Council shall notify the registered pharmacist or pharmacy owner and the complainant of:
- the disciplinary sanction imposed;
- the reasons for the imposition of the sanction;
- the date
If the Council has imposed a disciplinary sanction other than an admonishment or censure, the following information must also be provided:
- the time allowed to the registered pharmacist or pharmacy owner for bringing an application to Court for cancellation of the decision;
- the time within which the Council may apply to the Court for confirmation of the decision.
Disciplinary sanction to be confirmed by High Court.
A decision given by the Council to impose a disciplinary sanction (other than an admonishment or censure) does not take effect unless the direction is confirmed by the Court.
A registered pharmacist or pharmacy owner on whom the Council has imposed a disciplinary sanction (other than an admonishment or censure), may apply to the Court within 30 days of receipt of the decision, for an order cancelling the decision. After consideration of the evidence, the Court may make an order confirming or modifying the decision or give the Council direction.
The Council may, within 60 days after the registered pharmacist or pharmacy owner was notified of a disciplinary sanction, apply to the Court for an order confirming the sanction (other than an admonishment or censure) if the registered pharmacist or pharmacy owner does not, within the 30 days allowed, apply to the Court for an order cancelling the disciplinary sanction.
The Court may hear evidence from any person of good standing within the profession of pharmacy as to what constitutes poor professional performance or professional misconduct in that profession or occupation.
There is an appeal to the Supreme Court by the Council or the registered pharmacist or pharmacy owner against a decision of the High Court on a specified question of law of public importance.
Notification of decision of High Court.
The 2007 Act provides for notification in writing by the Council to the registered pharmacist or pharmacy owner, of the effect of the decision of the Court.
The 2007 Act provides that the Council shall notify the Minister and employer, if known, as soon as practicable after any of the following measures take effect:
- the cancellation of a registration;
- the restoration of a registeration;
- the suspension of a registration;
- the expiry of a suspension;
- the attachment of conditions to a registration;
- the removal of conditions from a registration;
- the prohibition for a specified period of a registered pharmacist or pharmacy owner from applying for restoration to the register;
- the admonishment or censure of a registered pharmacist or pharmacy owner;
If it comes to the Council’s attention that, under the law of the a state other than the State, the Council becomes aware of any corresponding action taken in relation to a registered pharmacist or pharmacy owner, it shall notify the Minister of the fact.
The Council may, if it is satisfied that it is in the public interest to do so, advise the public when any of the above measures take effect.
Proceedings, reports and communications of a preliminary proceedings committee or of a committee of inquiry or of the Council in relation to disciplinary proceedings are absolutely privileged in any action for defamation.
Cancellation of registration on request.
The 2007 Act provides for the Council to cancel a registration if the person to whom it relates applies for its cancellation, pays the prescribed fee, and is not, at the time of applying, the subject of a complaint under Part 6 of the Act.
The Council may cancel a registration if the person to whom it relates has failed to pay a retention fee or a fee for recording a change in the register; and having been notified at least twice by the Council of that failure continues so to fail to pay the fee.
Restoration of registration.
The Council may restore a registration cancelled if the person to whom it related applies for its restoration, pays the prescribed fee, and undertakes to comply with such conditions, if any, as the Council may stipulate. The Council may restore a registration cancelled under section 60.
Removal of conditions imposed under this Part.
The 2007 Act provides for the Council to remove a condition attached to a registration if the registered pharmacist or pharmacy owner applies for its removal, and pays the prescribed fee. Prior to arriving at its decision, the Council must give the registered pharmacist or pharmacy owner an opportunity of making oral or written submissions.
Powers of Investigation
There are powers of entry, search, seizure etc. The 2007 Act allows for appointment of authorised officers for the purposes of this Act and outlines what the authorised officer may do to ascertain whether any offence, breach of code of conduct or profession a misconduct has been committed. There procedures for taking of samples by an authorised officer in the course of an investigation.
The Act allows for the production of a certificate outlining the result of any test or examination.
The Council shall consider a written report from an authorised officer as soon as practicable after receipt of it and shall take whatever actions that it considers appropriate.
There are penalties for any offences committed under the Act.
Complaints about registered pharmacists 2020 Reforms
The 2020 Act includes two new grounds of complaint. These new grounds are:
- failure to comply with a provision of an Act or a statutory instrument listed
- prohibition on providing one or more kind of health or social care in the State or another jurisdiction; and
- restrictions on providing one or more kind of health or social care in the State or another jurisdiction.
The Registrar, in relation to a complaint, may request the Garda SÃochána to provide information on a pharmacist’s criminal record. The Registrar may also request the Registrar of a Court to provide a certificate.
Grounds
The grounds of complaint in relation to offences and misconduct is extended to cover other countries as well as this State. The new grounds are that:
- a pharmacy owner failed to comply with a provision of an Act or statutory instrument list);
- a pharmacy owner failed to make a declaration as required and
- a pharmacy owner, employee or partner contravened a provision of the Act
The Registrar, in relation to a complaint, may request the Garda SÃochána to provide information on a pharmacy owner’s criminal record. The Registrar may also request the Registrar of a Court to provide a certificate of conviction.
If a pharmacist or a pharmacy owner consents to an undertaking, then the inquiry into the complaint is completed. If a pharmacist or pharmacy owner has given an undertaking, then the measures imposed are those given in the undertaking.
There is a right to appeal the sanctions of admonishment or censure. There is no appeal where the pharmacist or pharmacy owner agrees to an undertaking.
The sanctions of admonishment or censure have to be confirmed by the High Court. There is no confirmation required where the pharmacist or pharmacy owner agrees to an undertaking. There are appeals in relation to admonishment or censure. This provision is also amended to allow the Court to decide on who will bear the costs of the appeal. The Court is to decide on who will bear the costs of the confirmation.
The Minister is no longer notified of sanctions. The HSE and any other appropriate persons, including an employer, will be notified. All sanctions will be notified, including advice, admonish and censure. If the Council is aware that a pharmacist was sanctioned in another country, it can, if it is in the public interest, notify the HSE and the employer.
If the Council knows that a pharmacist is registered in another country and that country may not be aware of sanctions imposed by the Council, the Council can notify the relevant body in that country. In relation to sanctions imposed by third countries, the Council can, if it is in the public interest, notify another country where the person is registered.
All sanctions imposed by the Council will be published. Sanctions imposed by other countries may be published if it is in the public interest to do so. If it is in the public interest, some or all of the transcripts of an inquiry can be published with or without names.
Admissibility of certain documents relating to proceedings in State or other jurisdictions
Documents in relation to a pharmacist being prohibited or restricted in providing one or more kind of health or social care, or having a conviction in the State or another jurisdiction, can be admissible as evidence of the facts stated in the documents.
The Council, the Preliminary Proceedings Committee or a Committee of Inquiry can specify the forms that a person has to complete and can also specify how the form should be completed.