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Council News October 2024
Council message
Welcome to the third edition of the Pharmacy Council of NSW newsletter for 2024.
I am honoured to be appointed the President of the Pharmacy Council of New South Wales (the Council). I would also like to acknowledge the tireless contribution of my predecessor Veronica Murdoch.
Additionally, long standing and dedicated legal representative on the Council, Ms Penny Ho, completed her tenure on 30 June 2024, we wish Penny all the best for the future and welcome our three new Council members as of 1 July 2024 – Ms Ingrid King, Ms Teresa Melocco and Mr Chris Hidayat. A full list of current Council members can be found here.
Although the enormity of the responsibility and challenges of the position are undeniable, it is a privilege to step into this role.
Whilst the Council's focus is on maintaining public safety and minimising public risk through safe professional practice, my colleagues and I are fully aware of the current challenging and rapidly evolving landscape of pharmacy practice, and the difficulties and confusion this represents with the legal and professional obligations pharmacists must adhere to. I look forward to continuing the vital role of Council to protect public health and safety by ensuring the pharmacist standards of professional performance and conduct are maintained.
Therefore, my primary focus will continue to be to improve and expand the communication of legal and ethical obligations in practice of pharmacy by all pharmacists to maintain public safety. Our role is not to punish or discipline practitioners. When we take action, the protection of the health and safety of the public is our primary concern.
We have already made good inroads. The Council already provides quarterly newsletters, podcasts and resources, all of which are freely accessible on our website, and we hold a quarterly stakeholder forum with key industry stakeholders to discuss issues of concern.
I am also proud to have initiated our regulatory face to face information sessions at a preconference workshop at Pharmacy Connect, which this month successfully completed its third year with great collaborative and informative presentations from key stakeholders from the Pharmaceutical Services Unit, the Health Care Complaints Commission and Pharmaceutical Defence Limited along with Pharmacy Council of NSW. On behalf of the Council, I would like to thank all the presenters for their contribution.
However, our job is not done yet and we will continue our engagement with pharmacists and stakeholders.
Thank you for your continued commitment to the integrity and reputation of our profession.
Rick Samimi
President, Pharmacy Council of NSW
Call for nominations for elections to the Pharmacy Council
The call for nominations for election to the Pharmacy Council is now open.
The NSW Electoral Commission’s Election Notice includes details about lodgement of nominations and is available on the Pharmacy Council website. Nominations close at 12pm, Friday 25 October 2024.
About the Council
The Pharmacy Council is made up of 10 members, 5 of whom are pharmacists with a NSW principal place of practice who are elected by NSW pharmacists. Members are elected for a 3-year term.
The Council’s main responsibility is to protect the health and safety of the public. The Council achieves this by working in partnership with the Health Care Complaints Commission to manage complaints about the health, performance and/or conduct of registered pharmacists and pharmacy students in NSW, and by regulating NSW pharmacies.
For more information about the role of a Council member, please contact the Council’s Executive Officer, Mark Watson at hpca-pharmacycouncil@health.nsw.gov.au
For information about the election process, please contact Lanny Kok at the NSW Electoral Commission on 1300 135 736 or email Ballots@elections.nsw.gov.au
Pharmacy Ownership Applications
One of the responsibilities of the Pharmacy Council of NSW (the Council) is maintaining the register of pharmacies in NSW. The register includes particulars of approved premises for the carrying on of a pharmacy business by a pharmacist and particulars of the registered holders of pecuniary interests in the pharmacy business.
Pursuant to NSW Health Practitioner Regulation National Law, a person cannot carry on a pharmacy business in NSW unless the premises have a current approval and all holders of a financial interest in the pharmacy business are registered in the National Register of Pharmacists. The National Register is maintained by the Australian Health Practitioner Regulation Agency.
With limited exceptions, only a registered pharmacist, a partnership of registered pharmacists and a pharmacist's body corporate (as defined in the NSW National Law) can hold a financial interest in a pharmacy business in NSW.
Council strongly supports the principles of pharmacy business being owned and operated by pharmacists. In supporting this principle, it is a pleasure for the council to be responsible for maintaining the register of pharmacies in NSW. Detailed oversight of all applications is therefore critical in discharging our regulatory role in protecting and supporting the existing regulation and details of register of pharmacies in NSW.
Improving the management of Ownership Applications
The Council, with the support of the Health Professions Council Authority (HPCA), have made significant investments in infrastructure and resourcing over the past 12 months which has led to improvements in processing times. This includes a 48% reduction in average duration from day of submission to date approved. Additionally, since June over 50% of all applications and notifications have been finalised within 30 calendar days of submission. For submissions over the past 3 months 33% are finalised within 10 days of submission.
Of concern however is that the majority of applications submitted with incomplete or inaccurate information at time of submission often causing delays for all applications. Although the majority of applications are approved within 10 days of completion, recent audits regarding causes of delay have indicated that the majority of time taken from submission of an application to Council approval is spent on following up of inaccurate or insufficient documentation at the time of submission. Council does however acknowledge that additional delays can occur due to complex third-party arrangements and ownership structures such as trust arrangements.
Council is focussed on continuing to improve application turnaround time, however, can only assess complete and compliant applications.
Some areas which applicant owners can consider supporting timely processing are:
- Ensuring submissions have the correct address across supporting documents and is the same as the current registered premises
- Ensuring complete documentation is submitted, such as lease agreements (sublease, variation of lease, Assignment of Lease, and importantly Consent from the landlord)
- Ensuring statutory declarations are correctly signed, dated and witnessed
- Ensuring supporting documents are correctly dated and properly executed (e.g. sale contracts, deeds of assignment, lease documentation)
For any pharmacists considering ownership, we strongly recommend you review the publications and guide section of our website here to ensure your application is complete, compliant and accurate at time of submission.
Registration Fees 2024/25 - Pharmacy Council of NSW
The 2024/25 annual registration fee is set at $565 for NSW registered pharmacists. For more information, including why NSW pharmacists pay a different amount, please visit the Registration Fees 2024/25 - Pharmacy Council of NSW page of our website.
Celebrating World Pharmacist Day
We would like to take this opportunity to celebrate World Pharmacists Day, 25 September 2024.
World Pharmacists Day, organized by the International Pharmaceutical Federation (FIP), is a day to recognize and celebrate the crucial role that pharmacists play in building healthier communities everywhere.
“Pharmacists: Meeting global health needs” was the theme of World Pharmacists Day. Please visit the World Pharmacist Day page and the International Pharmacy Federation website for more information.
Artificial Intelligence in healthcare
Artificial Intelligence (AI) technology is rapidly becoming integrated into many areas of healthcare. This resource explains how existing responsibilities in National Boards’ codes of conduct apply when practitioners use AI in their practice.
For more information, see Ahpra's resources here:
Release of Revised Pharmacy Board of Australian Guidelines on compounding medicines
Revised guidelines published on 5 August 2024 by the Pharmacy Board of Australia provide greater clarity and direction on safe practice when compounding medicines.
For more information, see Ahpra’s news item here: Release of revised Pharmacy Board of Australia Guidelines on compounding of medicines
The new guidelines came into effect from 1 October 2024. You can access the guidelines and more information about pharmacy and compounding at the Pharmacy Board of Australia’s website.
NSW Pharmacy Quarterly Stakeholder Forum
The Council continues to interact with stakeholders, with the most recent Pharmacy Stakeholder Forums held on 21 June 2024 and 20 September 2024. Throughout 2023, the key pharmacy stakeholder agencies have developed various resources to support pharmacists with their professional practice and the safe, effective delivery of services in the profession.
Forum representatives are developing resources to support NSW pharmacists. The resources are intended to be used as tools for pharmacists in conjunction with their overall knowledge and autonomous practice. All resources can be found on the Pharmacy Council website here.
NSW Medicinal Cannabis Guidance is the most recent resource and offers guidance on the supply of medicinal cannabis.
It is hoped that pharmacists and pharmacy owners will utilise the guidance to help ensure the supply of medicinal cannabis occurs in accordance with all legal and professional requirements.
Pharmacy Connect 2024
The Council was pleased to be given the opportunity by the Pharmacy Guild of Australia (NSW branch) to present at Pharmacy Connect 2024 a pre-conference workshop titled: ‘How to protect your most valuable asset – your registration’. The Council presented with key pharmacy stakeholder agencies Health Care Complaints Commission (HCCC), Pharmaceutical Services Unit (PSU), and Pharmaceutical Defence Limited (PDL).
Regulatory activity in NSW is constant and unavoidable. This practical session focused on the role of the Council and how it interacts with other regulators to protect the public. Proprietor pharmacists found out what this means for their business and those who work within it – employed pharmacists, locums and pharmacists as proprietors.
This not-to-be-missed-event was a must for all business owners and employed pharmacists.
Pharmaceutical Services Unit - Information Directory Stock-Checks for Schedule 8 medicines
The Council is pleased that the Pharmaceutical Services Unit (PSU) has launched its Information Directory. The PSU Information Directory is your go-to guide for all the answers and information you need quickly and easily regarding the legislative requirements for medicines and poisons in NSW.
In addition to the above, the Council also reminds pharmacists to have regard to certain requirements under the Poisons and Therapeutic Goods legislation including:
Reference is made to Section 8.6 of the Guide to Poisons and Therapeutic Goods Legislation for Pharmacists (TG79) relating to Stock-checks for Schedule 8
medicines:
Twice a year, during March and September, every person who is required to keep a drug register must carry out a full stock-check of all drugs of addiction in their possession. Immediately under the last entry on the relevant page they must write the date on which the check was made, the words "Balance on hand", the quantity held and must sign the entry. Any person who assumes control of a practice for one month or more must perform a similar stock-check irrespective of the time of the year.
Advice in relation to Nicotine Vaping Products
Information for pharmacists to supply Nicotine Vaping Products is featured on the Pharmaceutical Services Unit (PSU) website. For further information see Reforms to the regulation of vapes and Vapes: information for pharmacists.
The Pharmaceutical Society of Australia (PSA) has on 26 September 2024 released updates to the Guidelines for pharmacists providing smoking cessation support following legislative changes commencing on 01 October 2024. Together, the professional practice guidelines and treatment guidelines set out clear advice on the legal, professional and ethical standards for pharmacists providing nicotine dependence management services, updated to reflect legislative changes to nicotine vaping products.
The PSA is facilitating a series of webinars and interactive workshops to help pharmacists to understand their obligations and support pharmacists to deliver treatment of nicotine dependence in this new model of care. The webinars will be recorded and made available on the PSA website for those unable to attend. There is no cost to attend. The training is fully funded by the Australian Government.
For more information, see PSA career and support item here:
Hormonal contraception resupply service – information for pharmacists
The Council is pleased that the Government has boosted access to the contraceptive pill at pharmacies across NSW.
From Saturday 28 September 2024, NSW pharmacists who have completed the required training and work in pharmacies with suitable facilities will be able to offer this service as part of their usual business.
To provide this service, pharmacists and pharmacies must meet the requirements of and operate in accordance with:
- The Authority allowing participating pharmacists to supply medications (contraception)
- The NSW pharmacist practice standards for hormonal contraception continuation
The oral contraceptive pill resupply component of the NSW Pharmacy trial ran for 12 months, it closed on 27 September 2024. More than 1,800 consultations occurred during the trial period.
NSW Health monitored the outcomes of treatment and care provided to patients during the clinical trial.
Preliminary data from the clinical trial is showing evidence on safety outcomes for trained pharmacists, following a clinical protocol, to provide resupply of oral contraceptive pills to eligible patients. An independent evaluation utilising a more comprehensive dataset and analysis of trial data will be conducted. A final report will be provided to NSW Health in 2025. This report will be used to inform future service delivery models.
The NSW Pharmacy trial continues with treatment of minor skin conditions.
Recent Tribunal Decisions
Health Care Complaints Commission v Awad [2024] NSWCATOD 99
In its decision of 12 July 2024, the Tribunal found that Mr Awad was guilty of unsatisfactory professional conduct and was impaired. The Tribunal cancelled Mr Awad’s registration and imposed a non-review period of 12 months.
Health Care Complaints Commission v Akinci (No 2) [2024] NSWCATOD 104
In its Stage 2 decision of 24 July 2024, the Tribunal reprimanded Dr Akinci and imposed conditions on her registration to protect public health and safety.
Bui v Health Care Complaints Commission [2024] NSWCATOD 110
In its decision of 30 July 2024, the Tribunal made a reinstatement order under section 163B(1)(c) of the Health Practitioner Regulation National Law in respect of the practitioner.
Health Care Complaints Commission v Murtagh [2024] NSWCATOD 127
In its decision of 19 August 2024, the Tribunal found Ms Murtagh guilty of unsatisfactory professional conduct and professional misconduct. The Tribunal disqualified Ms Murtagh from registration for a period of two years and made an order that if Ms Murtagh were still registered, the Tribunal would have cancelled her registration.
Health Care Complaints Commission v Ly [2024] NSWCATOD 129
In its decision of 23 August 2024, the Tribunal found Mr Ly guilty of unsatisfactory professional conduct and professional misconduct. The Tribunal suspended Mr Ly’s registration for a period of six months. The Tribunal reprimanded Mr Ly and imposed conditions on his registration to protect public health and safety.
Health Care Complaints Commission v Chan [2024] NSWCATOD 138
In its decision of 03 September 2024, the Tribunal found Mr Chan guilty of professional misconduct and unsatisfactory professional conduct and that he had criminal convictions. The Tribunal cancelled Mr Chan’s registration and imposed a non-review period of 9 months. It separately imposed a reprimand for the failures to notify the National Board.
Useful links
Pharmacy Council podcasts:
If you have not yet listened to our podcasts, we encourage you to do so. In our latest podcast episode, we explore the value of good communication and collaboration between doctors and pharmacists in supporting patient-centred care and safety.
Episode 5: Doctors & Pharmacists - Working together
