The Pharmacy Act 2007 established the Pharmaceutical Society of Ireland (PSI) and the functions of the Society are set out in the Act. The functions of the PSI are carried out on its behalf by the Council of the Society.
Section 30 of the Pharmacy Act 2007 provides for an exception to the general provision in the Act which requires the sale and supply of medicines at a pharmacy to be conducted under the personal supervision of a registered pharmacist, and specifies that no offence is committed where a registered pharmaceutical assistant “acts on behalf of a registered pharmacist during the temporary absence of the registered pharmacist”.
Section 30 also permits the Council to make rules as to:
1. What may or may not be done by a registered pharmaceutical assistant when acting on behalf of a registered pharmacist; and
2. What constitutes the temporary absence of a registered pharmacist.
On June 21 2018, the Council of the PSI approved for issuance for public consultation the proposed draft Pharmaceutical Society of Ireland (Temporary Absence of Pharmacist from Pharmacy) Rules 2018. This public consultation commenced on 17 July and ran until 14 August and afforded any interested party the opportunity to make representations on the matter directly to the PSI.
Following completion of the public consultation phase, the Council of the PSI considered the proposed draft Pharmaceutical Society of Ireland (Temporary Absence of Pharmacist from Pharmacy) Rules 2018 at its meeting on the 20th September 2018 where the Council approved the draft rules without amendment.
To date, the PSI have not submitted the draft Rules to me for approval.
My role in relation to this process is limited to the consideration of any such Rules once submitted for my approval. I must consider any Rules presented to me from a fair and impartial perspective, without prejudice or prejudgement.
I await the receipt of the Rules for my consideration from the PSI and, until that time, I am unfortunately not in a position to comment any further on the matter raised.