Alex White (Dublin South, Labour) | Oireachtas source

I move amendment No. 14:

In page 34, lines 1 to 4, to delete paragraph (c) and substitute the following:"(c) in section 35(1) by inserting the following after paragraph (e):

"(ea) a failure to comply with Chapter 2 or 3 of Part 2, or Part 3, of the Health (Pricing and Supply of Medical Goods) Act 2013,
(eb)a failure to comply with any duties referred to in section 18(1A) imposed on the pharmacist by regulations made under section 18.",

and
(d) in section 36(1)—

(i) in paragraph (a), by deleting "and 2006, or" and substituting "and 2006,",
(ii) in paragraph (c)(ii), by deleting "paragraph (b)." and substituting "paragraph (b)," and
(iii) by inserting the following after paragraph (c):

"or
(d) the pharmacy owner has failed to comply with any of the duties referred to in section 18(1A) imposed on the pharmacy owner by regulations made under section 18.".".

Section 32 of the Bill as drafted provides for amendments to the Pharmacy Act 2007 to ensure compliance with the relevant provisions of this Bill. Section 7 of the Pharmacy Act is amended to ensure that it will be a function of the Pharmaceutical Society of Ireland, PSI, to ensure that pharmacists operate generic substitution in accordance with the legislation. Section 18 of the Pharmacy Act is amended to allow for the making of regulations imposing duties on pharmacy owners and supervising pharmacists to supervise compliance by pharmacists with the generic substitution provisions. Section 35 of the Pharmacy Act is amended to include failure to comply with the generic substitution provisions as a ground for complaint against pharmacists.

I am now proposing to further amend section 35(1) of the Pharmacy Act 2007 to provide that a failure by a pharmacist to comply with regulations made under section 18(1A) of the Pharmacy Act, as inserted by section 32(b) of this Bill, will constitute a ground for complaint. I am also proposing to amend section 36 of the Pharmacy Act, which refers to complaints about registered retail pharmacy businesses.

The amendments at 36(1)(i) and 36(1)(ii), are technical amendments recommended by the Parliamentary Counsel. These are to ensure that the terminology here is in line with standard usage. The substantive amendment at subsection (d)(iii) provides that failure by a pharmacy owner to comply with any of the duties referred to in section 18(1A) of the Pharmacy Act 2007 will constitute a ground for a complaint. This provision addresses concerns that section 32 as drafted places an unfair burden on pharmacists when compared to pharmacy owners. This amendment will allow pharmacy owners to be held accountable for breaches of duties to supervise compliance with the generic substitution provisions of this Bill.