Regulatory Law
Pharmacists & Pharmacy Technicians

We handle cases where pharmacists and pharmacy technicians are being investigated by their regulatory body, the General Pharmaceutical Council (GPhC).

The Regulatory Process

In England, Scotland and Wales, pharmacists and pharmacy technicians are regulated by the General Pharmaceutical Council (GPhC), which is responsible for maintaining the professional registers, setting standards of professional conduct and investigating concerns about fitness to practise. Where a concern is raised, the GPhC will initially assess whether the matter warrants a formal investigation. If the matter proceeds, evidence will be gathered from relevant sources, including pharmacy records, witness statements and expert opinions where appropriate. The pharmacist or pharmacy technician will normally be notified of the allegations and given an opportunity to respond.

Following the investigation, the GPhC may decide to take no further action, issue guidance, enter into a voluntary agreement with the registrant, or refer the matter to the Investigating Committee. The Investigating Committee will consider the evidence and determine whether there is a realistic prospect of the Fitness to Practise Committee finding that the registrant’s fitness to practise is impaired. It may close the case, issue advice or a warning, agree undertakings with the registrant, or refer the matter to the Fitness to Practise Committee for a formal hearing. A pharmacist or pharmacy technician may request that the matter be referred to the Fitness to Practise Committee rather than accept a warning from the Investigating Committee.

Particularly serious cases may be referred directly to the Fitness to Practise Committee. Where necessary for the protection of the public, otherwise in the public interest, or in the interests of the registrant, the Fitness to Practise Committee may also impose an interim order suspending registration or imposing temporary conditions while the investigation or proceedings continue. Such orders may initially be imposed for up to 18 months, subject to statutory review and extension procedures.

Formal hearings are conducted by an independent panel of the GPhC’s Fitness to Practise Committee. At the hearing, the pharmacist or pharmacy technician is entitled to attend, be legally represented, make representations, call witnesses and submit evidence in their defence. The Committee will determine whether the factual allegations have been proved on the balance of probabilities and whether the registrant’s fitness to practise is currently impaired.

If the Committee determines that the registrant’s fitness to practise is impaired, sanctions may include a warning, conditions on registration for up to three years, suspension from the register for up to 12 months, or removal from the register. Conditions and suspensions may be reviewed and, where appropriate, extended. Where suspension has continued for at least two years, the Committee may impose an indefinite suspension, subject to the statutory review provisions. Where the Committee determines that fitness to practise is not impaired, it may nevertheless issue advice or a warning concerning future conduct or performance. Where impairment arises solely from adverse physical or mental health, removal from the register is not available, although the Committee may impose conditions on registration or suspension. Where either the Investigating Committee or the Fitness to Practise Committee considers that the GPhC Council should consider exercising its statutory powers to bring criminal proceedings, it must notify the Registrar accordingly.

Removal from the register prevents the pharmacist or pharmacy technician from practising unless and until their registration is restored. A registrant who has been removed following fitness to practise proceedings cannot apply for restoration until at least five years have elapsed from the date of removal. Restoration is not automatic, and the Fitness to Practise Committee must be satisfied by appropriate evidence that the applicant is fit to practise before directing restoration. Where restoration is granted, the Committee may impose conditions on registration for a period of up to three years. Where an application is unsuccessful, a further application cannot normally be made within 12 months of the previous application. In certain circumstances, following repeated unsuccessful applications, the Committee may also direct that no further applications for restoration may be made, subject to the applicable appeal rights.

A pharmacist or pharmacy technician may appeal against an appealable decision of the Fitness to Practise Committee to the Court of Session if domiciled in Scotland, or otherwise to the High Court, generally within 28 days of the written notice of the reasons for the decision being sent. Interim orders may also be challenged before the relevant court. Warnings are not subject to the ordinary statutory appeal procedure, although judicial review may be available in appropriate circumstances. In addition, the Professional Standards Authority (PSA) has the power to refer certain decisions of the GPhC’s Fitness to Practise Committee to the relevant court where it considers that the outcome is insufficient to protect the public. For appealable decisions, the PSA generally has 40 days beginning with the last day of the registrant’s appeal period to make a referral. For qualifying decisions against which no statutory appeal is available, the period is generally 56 days from notification of the decision being served. Consequently, even where a registrant receives a relatively lenient sanction, the decision may subsequently be challenged and a more severe outcome may result.

Internal Disciplinary Proceedings

We also assist and represent pharmacists and pharmacy technicians where they are the subject of internal disciplinary proceedings by their employer.

What To Do If Regulatory Proceedings Are Commenced Against You

Should internal disciplinary proceedings or GPhC regulatory proceedings be commenced against you, then please either telephone us on 0333 301 0700, or complete the questionnaire on the top right hand side of this page.