LEGAL DEFENCE


Rebalancing Programme Board Update: Pharmacy (Preparation and Dispensing Errors - Registered Pharmacies) Order 2018 (Commencement) Order of Council 2018


the department of health and Social care (dhSc) has announced that the Pharmacy (Preparation and dispensing Errors – registered Pharmacies) order 2018 (commencement) order of council 2018 comes into effect across the Uk on 16 april 2018. the order provides for new legal defences for inadvertent preparation and dispensing errors under section 63 or section 64 of the Medicines act 1968 by registered pharmacy professionals working at or from registered pharmacies, and will be available to these professionals from 6 april 2018 onwards.


‘the Pharmacy forum nI has been an active participant on the rebalancing Medicines legislation and Pharmacy regulation Programme Board, from its inception,’ says Pharmacy forum manager, Julie greenfield. ‘the Board drew up recommendations to government on proposed legislation designed to protect community pharmacists from prosecution over dispensing errors.


‘the resulting Pharmacy (Preparation and dispensing Errors - registered Pharmacies) order was laid before Parliament on 14th november 2017. It was considered in grand committee of the house of lords on 6th december 2017. the forum is now pleased to confirm that the order was signed by the Privy council on the 21st March 2018.


‘the order amends the Medicines act 1968 to provide new legal defences for preparation and dispensing errors for pharmacists, pharmacy technicians and staff supervised by them, who are working at a registered community pharmacy.


however, as pharmacy technicians are not statutorily registered in northern Ireland, the defences here will only relate to errors made by registered pharmacists and people supervised by them. the Programme Board will continue to work towards achieving similar provisions for hospital pharmacists and those in other pharmacy settings.


‘It is hoped that in addition to bringing a long overdue end to the automatic criminalisation of inadvertent dispensing errors, the legislation also paves the way for a more open and transparent culture, which will improve learning through increased error reporting and ultimately benefit patient safety.’


Uca President cliff McElhinney sees this as a most welcome development and thanks all those involved in bringing this legislation through Parliament.


‘no pharmacist should have to go through criminal proceedings for an inadvertent dispensing error,’ he said, ‘and this change to legislation can only help our profession to learn from mistakes and reduce the risk of error for the benefit of all.’


dhSc is in the process of producing a comprehensive faQ document for distribution to stakeholders ahead of the defences coming into force.


SOCIAL MEDIA


does your pharmacy have a facebook page or twitter account? Social media is now almost an essential business marketing tool but you’ve got to commit to it to make it work well. here are some tips to help you get things right:


1 Have a vision – Your social media footprint is an extension of your business, so make sure it reflects your pharmacy’s image well. Plan out in advance what sort of posts you will create, eg, health issues, community work you or others do, health campaigns such as Stay Well, commercial posts to boost your sales, or a mixture of everything. do you want to simply tell people about your pharmacy? or do you want to interact with the public?


2 Have a plan – think about who will control the social media accounts, how often you will post, how you will interact with the public, how you will handle complaints via social media, how quickly you will answer messages, and so on. also think about how your social media interacts with your website if you have one. Put it all in a Social Media Policy and ensure all staff in the business follow it.


3 Have sustainability – often social media accounts will start with a great flourish then fade. consider how you will sustain interest in social media within your business.


If you don’t have time to do it, delegate the task to a member of staff who has the knowledge, skill and time. Invest in training staff on social media usage to ensure that the


GENERAL DATA PROTECTION REGULATIONS


general data Protection regulations (gdPr) is a huge step up in terms of data protection. Whilst many pharmacies already have excellent policies and procedures around data protection, the onus is now on the business to do more and to demonstrate that they are doing more, to ensure that individuals’ personal information is being held securely and being used responsibly.


24 - PharMacY In focUS


luckily there is plenty of help to hand for community pharmacies from the various bodies that represent and support them.


Pharmacies must have a policy and robust procedures in place by 25 May 2018, but this will be an ongoing journey. Similar to Standard operating Procedures, pharmacies must ensure that the policies and


procedures are strictly adhered to by all staff; that they are reviewed; and that retention and destruction periods are observed. Pharmacies must also ensure that third parties, who have access to their data, are also compliant.


first and foremost, pharmacies need to understand gdPr and the key terms in it. hopefully the


gdPr article in this edition of Pharmacy in focus (page 42) will help to clarify everything. there is a lot of work to do to get ready for end of May, so the best advice is to get started aSaP.


If you need more information and support, please contact me on 028 9065 6576 or email me on adrienne@uca.org.uk.


work is carried out professionally and abides by the law and code of ethics.


4 Have fun – social media is about informing and communicating with people, so make sure your messages are enjoyable to read. Pictures and short videos always attract people more than text alone but use them wisely.


5 Get help – there are lots of sources of advice and support on social media. Uca’s how Your Business can Benefit from Social Media is a step-by-step guide to setting up on social media and can be found in our resources section at www.uca.org.uk.


cPnI have also issued a social media guidance leaflet for contractors and, most recently, the Pharmacy forum held an excellent information evening on social media covering important aspects of good practice and governance.


access their Social Media guidance document via their website: http://forum.psni.org.uk/whats- happening/guidance/


6 Get networking - your local council may offer support and training to businesses using social media, plus, you can link into local business or community networks to connect with others and increase your coverage.


for more information contact Uca via support@uca.org.uk or call the team on 028 9065 6576.


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