Wholesaling law change leaves pharmacists confused
Pharmacists are struggling to get to grips with changes to wholesaling laws, which require any pharmacists trading medicines commercially to hold a wholesale dealer’s licence, the NPA has reported.
Pharmacists are struggling to get to grips with changes to wholesaling laws, which require any pharmacists trading medicines commercially to hold a wholesale dealer's licence (WDL), the NPA has reported.
The NPA's insurance department said many pharmacists were "unaware" of the full implications and reported receiving a "high volume" of calls on the changes, which saw the Medicines Act exemption allowing pharmacists to trade medicines without a WDL repealed on Tuesday (August 14). This renders it illegal for pharmacists who deal commercially to trade without a WDL and also requires them to seek additional insurance cover.
NPA Insurance managing director Paul Coleman said members were concerned about complying with the "potentially onerous" new legislation.
Pharmacists engaging in what the MHRA has termed "non-commercial" wholesaling will also not be required to hold a WSL |
More on wholesaling Legal expert questions removal of Medicines Act wholesaling exemption |
"As with any regulation change, pharmacists want to know that they are acting within guidelines, so we have been advising members on the changes and the impact they may have on business and practice," Mr Coleman told C+D. "But we are fielding a high volume of calls from pharmacists who were unaware they needed additional insurance cover." |
Mr Coleman advised pharmacists to make sure they were up-to-date with the regulations and assured pharmacists making "small-scale" supplies that they would still be covered by their existing professional indemnity insurance policy if they were with the NPA. Pharmacists engaging in what the MHRA has termed "non-commercial" wholesaling – occasional, not-for-profit medicines trade to meet patient needs – will also not be required to hold a WSL.
Earlier this month, legal expert David Reissner had questioned the impact of the legal changes. "The MHRA has said it won't enforce the law if pharmacists engage in what it calls ‘non-commercial' trade, but I think it just rings a bit hollow to say it will turn a blind eye," he argued. "Then you question why the exemption was removed in the first place."
Mr Reissner said the changes would bring the UK in line with EU law, but suggested there may have been another underlying motive. "The justification for removing the exemption was that it wasn't compatible with European law, but that wasn't entirely genuine because at least part of the reason was that it would make it more difficult for pharmacists to export," he told C+D. "Actually it won't make any difference, as anyone who wants to export will probably already have a WDL."
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