decriminalisation of dispensing errors

[Asterix]

Lot of topic on this recently except barely been touched on in this forum. I think its a great idea and the profession really need to get behind it

[Gordon Mackenzie]

Under Common law or even Natural law I would have thought that if there is no intent to make a dispensing error then it should not be a criminal offence. In order for it to be a criminal offence one should have to have the "mens rea" or guilty mind to intentionally commit the error. It should be in the civil law realm and come under negligence.

[Asterix]

Thats not what the rules are at present if i'm not mistaken

[Gordon Mackenzie]

No that is why the law needs to be changed

[Asterix]

what are your opinions about the new bill passed

[lilly hunt]

could you just explain how this new law affects pharmacy staff in general.i thought near misswas for staff to learn from errors.dispensing errors do you mean ones that leave the pharmacy or errors in general.lilly.

[gigeordie]

what are your opinions about the new bill passed

The bill hasn't been as yet as there are changes necessary. See below

Dispensing error decriminalisation proposal withdrawn - Chemist + Druggist

[El-loco]

Lord Clement-Jones being asked to withdraw the amendment may be in preparation for the government to introduce its own amendment. Parliamentary procedure is a little strange. The chance of some sort of amendment removing the automatic criminalisation of a single unintentional error, I am informed, is better than 50:50.

It is not IMHO worth reading anything the MHRA has to say on the matter.

[Asterix]

When do you think the government may actually come up with a new amendment, doesn't it sound silly though, how can you prove your innonence if a dispensing error is made??!

[Tony Schofield]

Ask Elizabeth Lee.

If you make the error you are guilty of the error, plain and simple. The argument is whether it should be a criminal offence and I am sure you would agree that there are circumstances in which it indeed SHOULD be a criminal issue. The challenge is in drafting legislation in which an honest mistake doesn't put a pharmacist in court.

There are other means of getting into court to do with food and drugs regs (that supplied was not of the quality expected etc when eg a different drug has been supplied but labelled as that on the prescription), so the process of decriminalisation is not an easy one to implement.