The General Pharmaceutical Council (GPhC) is developing a “clear and transparent” policy on disqualification with the “ambition” to publish next summer, it last week (December 3) revealed.
In meeting papers for the regulator’s upcoming December council meeting, it said that while the GPhC “has powers to disqualify pharmacy owners” it is “yet to develop an overarching policy on the use” of those powers.
“We recognise the need to develop an open and transparent policy to support our teams investigating these cases and decision-makers determining these cases,” it added.
Read more: Revealed: Half of open contractor ‘disqualification’ cases to close
The GPhC said that it has opened only “a small number of disqualification cases” since its powers to “disqualify pharmacy owners from being pharmacy owners in [the] future” and “remove premises attached to those owners” from the register were extended in 2018.
The regulator has “a responsibility to ensure [its] enforcement activity remains relevant, proportionate and dynamic”, it added, and wants “to be clear about [its] approach to disqualification to all stakeholders”.
Read more: PDA: Closed disqualification case contractors must be named
It said that it is “accountable” for its actions, “will act fairly and proportionately in [its] decision-making” and recognises that it is “necessary” to provide “a clear policy and guidance to…bring [decisions] to a conclusion within an appropriate timeframe”.
The approach it wants to develop will “align [its] activities across GPhC functions to protect the public, be clear about [its] role in disqualification” and ensure it is “fair and consistent” and remains “outcome-focused”, it added.
“Complex” legislation
The GPhC said that the disqualification and removal directions made by its fitness-to-practise (FtP) committee can be either permanent or “given for a limited period” - after which premises’ registry entries “will be restored”.
Disqualification findings “can also be revoked”, it added.
Read more: GPhC to halt ‘limited number’ of pharmacy owner disqualifications
And it warned that because the legislation around disqualification “is complex and requires careful consideration”, it will “take a period of time to fully translate this into decision-making guidance and operational processes”.
“We aim to return to council in February with a draft policy and to seek approval for consultation with an ambition to publish in summer 2026,” it added.
Jhoots pharmacy issues
The meeting papers also set out the GPhC’s response so far to the issues surrounding a number of Jhoots pharmacies - including that it has “been working closely with officials” at the Department of Health and Social Care (DH), NHS England (NHSE) and other stakeholders in England and Wales “since significant concerns” relating to the pharmacies “first emerged”.
The regulator added that it has “initiated a strategic and regulatory relationship with the Jhoots group to provide enhanced support and oversight”, including “regular meetings to raise failures in governance and concerns that were being received”.
Read more: IN FULL: Jhoots pharmacy owner announces immediate rebrand
It also said that:
- Between January and August, it carried out 17 inspections of Jhoots pharmacies and took enforcement action across five separate Jhoots premises
- It “carried out a further five inspections and attempted a further 60 inspections” between September and November but could not “proceed with an inspection as the pharmacy was closed or did not have a responsible pharmacist present”
- It has been “proactively sharing intelligence” from its inspections, concerns received and actions taken with the DH, NHSE, integrated care boards (ICBs) in England and health boards in Wales
- The GPhC has “also received several concerns directly from MPs”, has “written to 31 MPs to explain [its] role and the actions [it is] taking in relation to Jhoots” and has “received positive feedback” from meetings “held with four MPs”
Read more: Revealed: Everything we know about action against Jhoots
The regulator said it is “continuing to work closely with DH officials” on actions agreed at a roundtable convened by the pharmacy minister - and has “also been providing weekly updates to the DH on [its] ongoing work relating to Jhoots” that have been “incorporated into regular briefings for the minister”.
And it added that its chair and chief executive met with England’s chief pharmaceutical officer (CPhO) David Webb and NHSE deputy director of pharmacy commissioning and transformation Anne Joshua to “brief further on the Jhoots situation” and have “committed to further periodic meetings on the topic”.
It comes after the GPhC announced in July that it will develop a new “disqualification” policy but would no longer progress the disqualifications of some contractors from owning pharmacies.
Read more: IN FULL: Former nurse appointed new GPhC chief executive
It said at the time that it had “reviewed” all its open disqualification cases and would close certain cases because it is not “in the public interest to progress them” – which C+D revealed included almost half of the open cases.
And it follows a letter from pharmacy minister Stephen Kinnock last month revealing that the regulator is “taking enforcement action against six Jhoots premises” as well as “considering whether some Jhoots companies have reached the threshold for disqualification”.
There are various businesses operating under the Jhoots brand and C+D this week exclusively revealed that one owner will rebrand his portfolio after “significant and irreparable damage to the brand name” caused by the “actions of other pharmacy operators trading as Jhoots Pharmacy”.
