A GROUP of pharmacy companies was given leave in the High Court yesterday to challenge new regulations under which health boards may award contracts for the supply of medicines and appliances.
The McSweeney Group Ltd O'Connell Street, Limerick, a holding company for a group which owns 12 pharmacies, was given leave by Mr Justice Kelly to seek a judicial review. The action is against the Minister for Health and the Attorney General.
Ms Mary Finlay SC, for the McSweeney Group, said each of the pharmacies in the group had a community pharmacy contract with the appropriate health board.
Last May the Minister introduced the Health (Community Pharmacy Contractor Agreement) Regulations 1996, in accordance with the terms of the Health Act 1970.
Ms Finlay said the regulations contained far reaching provisions which affected the applicant. The company had expanded to 12 pharmacies since 1988 and intended opening more.
The first objection related to a supervisory pharmacist requirement. The regulations required any new contract holder to employ a supervising pharmacist with at least three years' recent post registration experience in community pharmacy.
Another objection was that the regulations required new pharmacies to establish a definite health need in a particular catchment area.
They were also objecting to the composition of the assessment board, as it was made up of existing pharmacists and there could be a perceived bias, as any pharmacist might have an interest in ensuring the regulations were operated as restrictively as possible.