Pharmaceutical Practices Committee
The Pharmacy Practices Committee shall consist of seven members of whom—
(a) one
shall be the chairman appointed as such by the Board; the chairman
shall be a member of the Board but shall not be an officer of the Board
nor shall he be, nor previously have been, a doctor, dentist,
ophthalmic optician or pharmacist or the employee of a person who is a
doctor, dentist, ophthalmic optician or pharmacist;
(b) three shall be pharmacists of whom—
(i) one shall be a
pharmacist whose name is not included in any pharmaceutical list and
who is not the employee of a person whose name is so listed; and he
shall be appointed by the Board from persons nominated by the Royal
Pharmaceutical Society of Great Britain; and
(ii) two shall be pharmacists each of whom is included in a
pharmaceutical list or is an employee of a person whose name is so
listed; and each shall be appointed by the Board from persons nominated
by the Area Pharmaceutical Committee; and
(c) three shall be persons appointed by the Board otherwise than
from the members of the Board but none shall be nor previously have
been a doctor, dentist, ophthalmic optician or a pharmacist, or an
employee of a person who is a doctor, dentist, ophthalmic optician or
pharmacist.
Guidance Notes for
Pharmaceutical Practices Committee
Before arrival of parties
1. Ask members to confirm that they
have both received and considered the papers relevant to the meeting.
2. Ask members if they have any personal
interest in the application.
3. Tell members:-
That the applicant will be present (and accompanied by ?)
That there will be representations from interested parties
(a) the Area Pharmaceutical Committee
(b) the Area Medical Committee
(c) any person whose name is included in the pharmaceutical list
or the provisional pharmaceutical list and whose interests may, in the
opinion of the Board, be significantly affected if the application were
granted
(d) any local health council whose area is affected by the application
After arrival of parties
4. Introduce Chairman and the Members
(both pharmacists and lay members) as well as those in attendance from
the Trust to both the applicant and to any interested parties present.
5. Advise all present that the meeting
is being convened to determine the application (summarise application)
according to the statutory test set out in Regulation 5 (10) of the
1995 Regulations (read out Regulation 5 (10)).
6. Advise the parties how the hearing
will be conducted :-
The applicant to speak in support of the application
Questions invited from interested parties (in turn) to be addressed
to the applicant
Questions from the Committee to be addressed to the applicant
Interested parties to state their representations
Questions invited from the applicant to be addressed to the interested
parties
Questions invited from and to interested parties
Questions from the Committee to be addressed to the interested parties
Interested parties to sum up their representations
The applicant to sum up in relation to the application
The applicant and the interested parties will thereafter be asked to
withdraw to allow the application to be determined by the Committee.
7. Invite the applicant to speak first
in support of the application.
8. Invite questions from the interested
parties to be addressed to the applicant
9. Invite questions from the Committee
to be addressed to the applicant.
10. Invite interested parties to state
their representations
11. Invite questions from the applicant
to be addressed to the interested parties.
12. Invite questions from the interested
parties to other interested parties.
13. Invite questions from the Committee
to be addressed to the interested parties
14. Invite interested parties to sum
up their representations.
15. Invite the applicant to sum up in
relation to the application.
16. Invite the applicant and interested
parties to confirm that they have received a fair hearing and that there
is nothing further they would wish to add.
17. Inform all parties that the
Committee will now consider the application and representations and
make a determination. A written decision with reasons will be prepared
and a copy sent to them as soon as possible. Parties should also be
advised that any party who wishes to appeal against the decision of
the Committee will be informed in the letter as to how to do so and
the time limits involved.
18. Invite the applicant and the interested
parties to leave.
After the departure of the parties
19. Invite discussion in respect
of the application and the representations by all members of the Committee
having regard to the legal test and record clearly the nature of the
discussions and the facts upon which members base their opinions.
20. Request that the non voting pharmacist
member or members leave the meeting.
21. Invite each of the remaining
voting members to state how they vote – either in support of or against
the granting of the application. Carefully record the Committee’s
decision and the reasons on which it is based. If the Committee’s
decision is unanimous it may be helpful to record this.
22. If the voting is tied the Chairman
has the casting vote.
23. When a decision has been reached,
invite the non voting members back to the meeting and advise them of
the Committee’s decision.