Non-clinical pharmacy managers could be regulated under new government proposals

Non Clinical Pharmacy Managers Could Be Regulated Under New Government Proposals

Non-clinical pharmacy managers in England could come under the scope of regulation proposals launched by the Department of Health and Social Care (DHSC).

Its public consultation sets out measures that aim to increase accountability of NHS managers and leaders, and set ‘clear and consistent’ professional standards, including a potential regulatory system.

The DHSC has confirmed to The Pharmacist that if responses relating to non-clinical managers in settings such as community pharmacy and general practice are raised during its consultation process, these will be taken into account.

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The consultation includes questions on the scope of managers and organisations a system of regulation should apply to.

And DHSC confirmed that it will carefully consider all responses to the consultation, which will inform future policy decisions.

A spokesperson for the Pharmacists' Defence Association (PDA) told The Pharmacist that reform to address the regulation of non-clinical managers was 'long overdue'.

'Through our casework we often see the “consequence-free influence” of non-clinical managers on patient care and the wider operation of pharmacy, both in NHS employers and in contractor organisations such as GP practices and community pharmacy,' they said.

'We welcome the consultation that has been recently launched, however there is a significant risk that such proposals could still fail to adequately protect patients if the regulation of managers at companies and businesses that provide NHS and private healthcare services to patients were excluded from any future changes.

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'The PDA believes that the reforms would need to be broad to ensure that they encapsulate all “managers” influencing healthcare provision, not just those directly employed by the NHS,' the spokesperson added.

And they said the PDA would be submitting a response to the government's consultation.

In the wake of the Lucy Letby inquiry, the PDA raised ‘significant concerns’ about the power of non-clinical managers in community pharmacies, especially those operated by large private companies.

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It said then that it ‘routinely’ receives reports about managers overruling the clinical judgement of registered pharmacists, potentially impacting patient safety.

The GPhC has also confirmed to The Pharmacist that it is currently reviewing the proposals in the consultation and will be making a written submission in due course.

What could regulation for managers look like?

The proposals could mean that, in future, non-clinical managers found guilty of serious misconduct that endangers patients could be banned from working for the health service.

The plans include options for regulation, ranging from:

  • creating a list of ‘barred’ individuals deemed unfit to practise in the profession as a result of poor conduct
  • developing a professional register of individuals held by a regulatory body (like the GMC). This could be voluntary or made compulsory to join (via full statutory regulation).

Statutory regulation would require individuals to meet a set of professional standards/an approved qualification before entry on the register, which ‘would put managers on a similar regulatory footing as medical and nursing colleagues’, the DHSC consultation document said. It could also result in managers having to undertake revalidation and paying annual registration fees.

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As a minimum, any new regulatory system should apply to all board level directors in NHS organisations in England, arm’s length body board level directors and ICB board members, the plans have said.

However, its scope is likely to be much wider as the consultation seeks views on which managers and organisations any future duty should apply to.

Where a manager is also a clinician and therefore already held to account by another regulator, such as the GPhC, a system of ‘dual registration’ is being proposed, so they would be regulated in both their roles.

The government is also consulting on whether to introduce a new professional duty of candour on managers, which would make them legally accountable for responding to concerns about patient safety.

This was one of the recommendations made in the Infected Blood Inquiry’s final report published in May to encourage transparency and open behaviour.

Meanwhile, NHS England is developing a set of professional standards for NHS managers, since none exist currently.

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They will bring in a code of practice, a set of core standards and competencies for managers and leaders at all levels in the NHS, as well as a national training curriculum.

‘This will support managers and leaders to undertake further training to improve their effectiveness and to progress in their careers, the consultation said.

Amanda Pritchard, chief executive of NHS England, said: ‘It is right that NHS managers have the same level of accountability as other NHS professionals, but it is critical that it comes alongside the necessary support and development to enable all managers to meet the high quality standards that we expect.

‘We welcome this consultation and already have a range of work underway to boost support for managers in the NHS and to help set them up to succeed – this includes creating a single code of practice, a new induction process and a new set of professional standards, which will ultimately help drive improvements in productivity and patient care.’

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To take part in the consultation, which closes on 18 February 2025, click here.

A version of this article first appeared on our sister title Management in Practice.

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