Dáil Éireann Debate, Wednesday - 8 December 2004
90 Mr. Deenihan asked the Tánaiste and Minister for Health and Children her views on the issue of beneficial ownership of a community pharmacy by a local general practitioner who has a doctor’s GMS contract under the community pharmacy contractor agreement 1996; if these new general practitioner owned or controlled pharmacies are prohibited as stated in clause 21/11 of the 1996 agreement; and if she will make a statement on the matter. [32810/04]
View answerThe opening and operation of retail pharmacies in Ireland is governed by the Pharmacy Acts, 1875-1977, subject to relevant non-pharmacy legislation such as the planning Acts. Since 1890, any individual or company, including a medical practitioner, may open a pharmacy, provided that the shop and the dispensing and compounding of medical prescriptions are personally supervised by a full-time pharmacist who is not acting elsewhere in a similar capacity.
The dispensing and supply of medicines under the community drugs schemes is governed by the 1996 community pharmacy contractor agreement, the community pharmacy contract, between a health board and a pharmacy contractor. Under section 21(1), a pharmacy contract is void where a practitioner — a registered medical practitioner or a registered dental practitioner — who has a beneficial interest in the contracted pharmacy practises or commences practice in the location of the pharmacy.
This sub-clause does not apply to those who held such contracts before 30 May 1996. The reason for this is to prevent any suggestion of impropriety whereby a practitioner would prescribe medicines which are subsequently purchased in the pharmacy in which he or she has a beneficial interest. For the same reason, the pharmacy review group recommends that there should be no beneficial ownership or business interest of any kind between dispensing and prescribing. I am currently examining the report of the pharmacy review group and I expect to take definitive decisions on it shortly.
Decisions on the awarding and retention of contracts are a matter for the health boards. If the Deputy has information on breaches of clause 21(1) of the contractor agreement, he should notify the CEO of the relevant health board.
