The decriminalisation of dispensing errors may be delayed in the wake of the election, the programme board set up to “rebalance” medicines law has warned.

Department of Health (DH) officials would “seek to engage with incoming ministers to progress the rebalancing programme”, the board said at its March meeting. But it expected that decriminalisation “would not feature as one of the highest priority areas” for the government, it said in notes from the meeting published last week (June 17).

The board predicted that the days following May’s election would be a “period of uncertainty” that could result in “some delays”, but it hoped that “those uncertainties would begin to resolve” later in the month.

A DH consultation on a proposed legal defence from inadvertent dispensing errors for pharmacy professionals closed last month. Under the DH’s plans, they would have a defence from prosecution if they had acted “in the course of [their] profession” and “promptly” notified patients of an error when necessary.

The programme board said in March that the consultation responses would be presented at its meeting last week, but it has not yet published its notes from the event.
 

A balanced consultation response

The board expressed hope that the responses would reflect a “balance of views” so that the consultation was not “skewed”. “While responses from those who had issues with the proposals were very helpful in refining the policy, it was essential that those who were in agreement with the proposals also responded,” it said.

The DH and pharmacy organisations ran a range of consultation engagement events earlier in the year. Although the events for pharmacy professionals had been “well attended”, an event for the public in Leeds had been cancelled as “disappointingly, no one had booked to attend”, the programme board said. Other public events across the UK had “attracted bookings”, it stressed.

Last week, the board reaffirmed its commitment to providing a similar legal defence from dispensing errors for hospital pharmacists. These proposals would be “developed and presented” at a stakeholder event in the summer, it said.

Board chair Ken Jarrold said that he was “pleased that the board was in favour” of creating a defence for hospital pharmacists because this gave the DH a “strong platform to move forward”.

What do you think about the planned changes to the law?

We want to hear your views, but please express them in the spirit of a constructive, professional debate. For more information about what this means, please click here to see our community principles and information