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    Friday, 27 July 2018 16:08
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Umesh Modi is a chartered accountant, and Pamini Jatheeskumar is a chartered certified accountant at Silver Levene...
  Don Lavoie is alcohol programme manager at Public Health England and Gul Root is lead...
Don Lavoie is alcohol programme manager at Public Health England and Gul Root is lead pharmacist, Health and Wellbeing Directorate, Public Health England
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courtSeptember 17 2014

A Scottish court has overruled a health board’s decision to allow a dispensing doctor practice to dispense to residents potentially served by a new pharmacy.


The judge said that the Grampian Health Board was wrong to allow the Haddo Medical Group to continue dispensing to all of its patients after a pharmacy was added to the pharmaceutical list. He indicated that the health board had not applied the regulations properly.

In addition, the judge said that the review and decision-making processes had been conducted “in a manner which was procedurally unfair” to the pharmacy owners, Tarves Health, which had sought the judicial review.

As the new pharmacy had been set up, the Dispensing Doctor Decision Making Group had decided that patients that had been served by satellite surgeries in two communities could now access a pharmacist without serious difficulty.

It recommended that dispensing cease from the dispensing doctor practice for these two communities; however, the medical practice then said that it was becoming unviable being only able to dispense for a proportion of its patients forcing it to close. A review then reversed the restrictions on the medical practice’s dispensing.

The judge at the hearing was critical of the way the review process had been handled, with the way the health board did not engage with the pharmacy. “The petitioners [Tarves Health] were not invited to make submissions. Indeed, they were not even informed of the existence of the review,” said the judge.

In making his conclusion, the judge noted that the outcome might give rise to administrative difficulties for the health board and the medical group.

The medical group had argued that it had been dispensing on the basis of the health board’s decision. If this were now overturned, it could mean the dispensing would retrospectively become unlawful and would put into question the payments which the medical practice had received. 

Link:

Scottish Courts

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