Search
Our Supporters
You are here: Political News and Lobbying » MSP questions NHS board's ability to consider pharmacy applications
MSP questions NHS board's ability to consider pharmacy applications
Too many overturned on appeal
Dr Allan Tennant reports
21st of July 2010
Marilyn Livingstone (Kirkcaldy) (Lab) Marilyn.Livingstone.msp@scottish.parliament.uk has asked a very interesting question, "In light of the number of NHS board decisions that are overturned on appeal, whether it considers that NHS boards are able to make correct decisions about pharmacy applications."
Shona Robison replied: Under the National Health Service (Scotland) Act 1978 NHS boards have a statutory duty to ensure the provision of pharmaceutical services. In doing so, they have the statutory role in determining applications made to them for entry to the pharmaceutical list. The 1978 act provides that there must be rights of appeal against the decisions of health boards on these applications. The NHS (Pharmaceutical Services) (Scotland) Regulations 2009 set out the procedures for such appeals to be determined by the National Appeal Panel.
The Scottish Government has recently completed a consultation exercise considering issues in relation to the process by which applications to join the pharmaceutical list are considered. As part of this, we sought comments on the need for guidance and/ or training of those involved in the process. We will now consider whether any amendments or further activity is necessary in light of the views offered.
Marilyn Livingstone also asked:
- For what reason the National Appeal Panel for Entry to the Pharmaceutical List need not give a detailed explanation as to why it considers that an NHS board decision requires an oral hearing.
- For what reason objections to NHS board pharmacy decisions do not require new evidence in order for the National Appeal Panel for Entry to the Pharmaceutical List to consider that an oral hearing of the decision is required.
- For what reason the National Appeal Panel for Entry to the Pharmaceutical List would reconsider the decision of an NHS board pharmacy practices committee when the only objectors to the decision are other pharmacy contractors and in the absence of new evidence.
Shona Robison suggested that she should ask the NAP these questions.
Mr Alan Kennedy, who is responsible for the epetition told DDA Online,
"I am delighted to see that MSPs are now questioning the current operation of the NAP.
"The NAP is so out of touch with reality that it totally fails to understand that this is all about fair play and democracy within the NHS. The public have totally lost faith in its ability to understand this, the NAP has to come to terms with the clear indications from the Scottish Executive that the public must be consulted and their views taken into account.
"The NAP is still sticking rigidly to legislation that its members must know is not fit for purpose and is considerably out of step with what is is now required . So long as it continues to operate with a cool disregard for the wider picture, and let's remember that the NAP is allowed within the current regul;ations " to determine an appeal in such manner as it sees fit", pharmacy applications under current legislation are likely to increase before new rules plug the loopholes. Shona Robson must act now to supend all pharmacy applications in dispensing doctor practices until new and agreed regulations have been put in place. This is what responsible goverment is all about.'