Jim Daly (Cork South West, Fine Gael) | Oireachtas source

I thank the Deputies for raising this issue. The Pharmacy Act 2007 established the PSI. The functions of the PSI are set out in the Act and are carried out on its behalf by the council of the PSI. The council comprises 21 members who are lay members and pharmacists. Section 30 of the 2007 Act provides for an exception to the general provision in the Act which requires the sale and supply of medicines at a pharmacy to be conducted under the personal supervision of a registered pharmacist. It specifies that no offence is committed when "a registered pharmaceutical assistant acts on behalf of a registered pharmacist during the temporary absence of the registered pharmacist". Section 30 of the 2007 Act also permits the council to make rules governing "what may or may not be done by a registered pharmaceutical assistant when acting on behalf of a registered pharmacist" and "what constitutes the temporary absence of a registered pharmacist".

On 21 June last, the council of the PSI approved for issuance for public consultation the proposed draft Pharmaceutical Society of Ireland (temporary absence of pharmacist from pharmacy) rules 2018. The public consultation, which commenced on 17 July and ran until 14 August, afforded any interested party the opportunity to make representations on the matter directly to the PSI. On foot of this, the council of the PSI approved the proposed draft rules at its meeting on 20 September last. Rules made by the PSI under the Pharmacy Act 2007 are subject to the consent of the Minister for Health. The Minister has not yet received the draft rules from the PSI for his consideration. I understand that the draft rules approved by the council define the temporary absence of a registered pharmacist as any period, not exceeding one hour per day, during which the registered pharmacist is not physically present at the premises where a retail pharmacy business is carried on. I understand that the draft rules state that the council shall approve a professional task list setting out what may and may not be done by a registered pharmaceutical assistant while acting on behalf of a registered pharmacist in the temporary absence of the registered pharmacist. This list has not yet been established.

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