Inquiries
When a complaint has been considered and it is decided that that
there is a case for further action, the matter may be referred to one of the
following committees.
The Professional Conduct Committee
The Professional Conduct Committee
usually deals with complaints about professional misconduct or poor
professional performance. The Professional Conduct Committee will have a legal assessor to advise the Committee about law and procedure. The legal assessor will not take part in decisions.
The Health Committee
The Health Committee
usually deals with complaints about impairment of a pharmacist’s ability to
practise due to a physical or mental ailment, emotional disturbance or
an addiction to alcohol or drugs. The Health Committee will have a legal assessor to advise the Committee about law and procedure but will not take part in decisions. The Health Committee also has a registered medical doctor with relevant expertise to advise the Committee on any medical issue. The doctor will not take part in decisions.
Where are inquiries held?
Inquiries normally take place in public (except in limited circumstances) at PSI House. Scheduled inquiries to take place in public will be listed in advance of the hearing date.
Remote hearings were held as a result of requirements for social distancing during the peak of COVID-19 and the option for online hearings remains if needed. Further information on remote hearings is available in our FAQ Guide.
Useful Resources
We have developed a useful video to explain what happens if a complaint we receive is referred to an inquiry. We have also developed a guide for pharmacists and pharmacy owners as an aid to those who are required to appear before an inquiry.
How does an inquiry work?
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- Solicitors for the PSI will examine the complaint, gather relevant documents, interview witnesses and take witness statements.
- The person who makes the complaint is generally asked to give a witness statement. They will have a chance to look at the statement and make any changes before it is signed. They may also be asked to attend the inquiry and give evidence in person.
- Solicitors for the PSI will often ask an independent expert pharmacist to review the complaint and all the documents. Once all this has been done, a date will be set for the hearing.
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- There are at least three people who sit on a Committee of Inquiry. The Committee of Inquiry must have a non-pharmacist majority.
- A hearing before a Committee of Inquiry is similar to a hearing before a court or tribunal. Both sides may present evidence, call witnesses and cross-examine (question) each other’s witnesses. The Registrar of the PSI is responsible for presenting the evidence in support of your complaint.
- If you make a complaint, or
if you are the subject of a complaint,you may have
to give evidence at the inquiry. Any
person who is asked to give a witness statement, or to give evidence at
an inquiry, may bring a friend or family member with them for support,
although this person may not always be allowed to sit in on the
meeting/inquiry, as the information may be confidential.
- A stenographer will record the evidence and produce a transcript (written record) of the Inquiry.
- Inquiries conducted by the Professional Conduct Committee are normally held in public. This means that members of the public (including the news media) can attend. Inquiries conducted by the Health Committee are normally held in private. The pharmacist, pharmacy owner or complainant can ask for an inquiry to be held in public or private. The Committee of Inquiry may agree to this if it is satisfied that this would be appropriate.
At the end of the inquiry, the Committee of Inquiry will decide if the allegations against the pharmacist or pharmacy are proven beyond reasonable doubt. The Committee of Inquiry will then prepare a report setting out the complaint, the evidence presented and the findings, together with its reasons. This report is provided to the PSI Council, who will consider the sanction to be imposed and decide whether the outcome should be published on the website.
In the public interest, the PSI declares and upholds standards of practice and promotes confidence in the profession of pharmacy. The PSI achieves these aims through the publication of the outcome of disciplinary proceedings.
Sanctions
If the Committee of Inquiry finds that a complaint has been proven, the Council of the PSI must do one or more of the following:
- admonish or censure the pharmacist or pharmacy owner;
- attach conditions to the registration of the pharmacist or pharmacy;
- suspend the registration of the pharmacist or pharmacy for a set time;
- cancel the registration of the pharmacist or pharmacy;
- forbid the pharmacist or pharmacy owner from applying to restore their name to the Register for a specified time.
The pharmacist or pharmacy owner has 30 days to appeal certain sanctions to the High Court. After this time, the PSI must apply to the High Court to confirm the sanction. The sanction will only take effect when the High Court confirms it. There is no appeal to the High Court from in respect for the admonishment or censure of the pharmacist.
Additional Information