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GPhC fitness to practice investigations
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Richard Hough, Deepika Raino and Eddy Martin explore the process the General Pharmaceutical Council follows when investigating a registrant’s fitness to practise and suggests what they should do if they find themselves the subject of an investigation...
Pharmacy professionals work under ever increasing pressure in a tightly regulated environment. If a registrant is reported to the General Pharmaceutical Council (GPhC) for any reason, the GPhC has a duty to investigate.
Receiving a notification of investigation from the GPhC can be incredibly stressful. However, it is important to keep in mind that many regulated professionals will receive a complaint at some point throughout their careers, which does not necessarily indicate poor clinical performance or failure to maintain the requisite standards. Responding to a complaint with the correct legal advice will often result in favourable outcomes.
Being fit to practise means that a registrant has the skills, knowledge, fitness and character to perform their job safely and effectively. Registrants must also act professionally and adhere to the GPhC’s principles of good practice, which are separated into standards and guidance.
The GPhC will only investigate concerns which could lead to a risk to patient safety or could affect public confidence in the profession, and which will include instances of:
- dispensing errors;
- dishonesty or fraud;
- working under the influence of drinks or drugs;
- unprofessional or inappropriate behaviour; or
- criminal conduct.
When receiving a complaint, the GPhC will examine the information in accordance with its guidelines, standards and any applicable legislation. They will instigate an investigation if the information received raises a fitness to practise concern.
The GPhC will inform the registrant in writing if it is investigating an allegation. At this initial stage, the GPhC will invite the registrant to comment on the allegations and provide any supporting documentation. It is important to seek legal advice at this point as the registrant is unlikely to appreciate the full picture, and any response that they provide may have an impact on the case as it progresses.
At this stage of the investigation, the GPhC may also raise queries with the registrant. Again, legal advice is recommended here as, whilst registrants have a duty to co-operate with the process, responses must be carefully considered to avoid jeopardising their position further along in the investigation.
Once the initial investigation has concluded, the GPhC will decide what action to take. Any cases which meet the threshold criteria will be referred to an Investigating Committee (IC) or, in more serious cases, a Fitness to Practise (FTP) Committee.
If the IC considers the case, it can:
- give advice to the registrant;
- issue a warning;
- put agreements, known as ‘undertakings’, in place with the registrant if they accept their fitness to practise is affected;
- take no action;
- ask the GPhC to carry out a further investigation;
- adjourn its meeting until it has more information;
- require a registrant to have a medical examination;
- get advice from a legal, clinical or other adviser to consider rescission (cancelling a referral to the FTP Committee) or tell the Registrar to consider bringing criminal proceedings against a registrant; or
- refer the matter to the FTP Committee.
Registrants are not permitted to attend an IC meeting, but they are able to submit a written response to the allegation. We recommend seeking legal assistance when drafting written responses to ensure they adequately address any concerns raised.
In more serious cases, the GPhC can refer the case directly to the FTP Committee for a full hearing, which are typically held in public. In the event that the FTP Committee determines that the registrant is unfit to practise, it may issue a warning, impose restrictions on their practise, suspend them, or remove them from the register.
Before the hearing, a registrant will often submit evidence in the form of written statements from themselves, and other witnesses that will be relied on in the hearing. Time limits and formalities apply here. It is therefore crucial to receive legal advice in the preparation of evidence as it can have a significant impact on the hearing outcome.
Whilst it is possible to appear at a fitness to practise hearing unrepresented, a legal professional with knowledge of the sector and the process will know what questions to ask and how to effectively present your case.
Facing a fitness to practise investigation can be stressful and time consuming. It can impact your mental health, livelihood and home life. When under pressure, you may not respond in the best way.
We will consider the complaint or allegations against you and any information obtained in support of them. After speaking with you, we will formulate a strategy about what information we should gather in support of your case. We will consider whether any expert input is required (whether internally or externally) and if required seek any discrete specialist advice. This will ensure that we formulate a robust, positive response.
We encourage registrants to seek legal advice as soon as they are made aware that the GPhC is investigating them, even if they think they've done nothing wrong, or the complaint arises due to circumstances outside of their control.
Richard Hough is a former pharmacist and partner at Brabners. Deepika Raino is a legal director in Brabners’ regulatory and professional conduct department and healthcare sector team.