<?xml version="1.0" encoding="UTF-8"?><!DOCTYPE article  PUBLIC "-//NLM//DTD Journal Publishing DTD v3.0 20080202//EN" "http://dtd.nlm.nih.gov/publishing/3.0/journalpublishing3.dtd"><article xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink" dtd-version="3.0" xml:lang="en" article-type="research article"><front><journal-meta><journal-id journal-id-type="publisher-id">BLR</journal-id><journal-title-group><journal-title>Beijing Law Review</journal-title></journal-title-group><issn pub-type="epub">2159-4627</issn><publisher><publisher-name>Scientific Research Publishing</publisher-name></publisher></journal-meta><article-meta><article-id pub-id-type="doi">10.4236/blr.2023.143070</article-id><article-id pub-id-type="publisher-id">BLR-127611</article-id><article-categories><subj-group subj-group-type="heading"><subject>Articles</subject></subj-group><subj-group subj-group-type="Discipline-v2"><subject>Social Sciences&amp;Humanities</subject></subj-group></article-categories><title-group><article-title>
 
 
  Study of Compliance of Disciplinary Procedure in Senegal
 
</article-title></title-group><contrib-group><contrib contrib-type="author" xlink:type="simple"><name name-style="western"><surname>Youssou</surname><given-names>Ndao</given-names></name><xref ref-type="aff" rid="aff1"><sub>1</sub></xref><xref ref-type="corresp" rid="cor1"><sup>*</sup></xref></contrib></contrib-group><aff id="aff1"><label>1</label><addr-line>Laboratory of Galenic and Legislation, Faculty of Medicine, Pharmacy and Odontology, University Cheikh Anta DIOP, Dakar, Senegal</addr-line></aff><pub-date pub-type="epub"><day>04</day><month>08</month><year>2023</year></pub-date><volume>14</volume><issue>03</issue><fpage>1299</fpage><lpage>1307</lpage><history><date date-type="received"><day>11,</day>	<month>April</month>	<year>2023</year></date><date date-type="rev-recd"><day>8,</day>	<month>September</month>	<year>2023</year>	</date><date date-type="accepted"><day>11,</day>	<month>September</month>	<year>2023</year></date></history><permissions><copyright-statement>&#169; Copyright  2014 by authors and Scientific Research Publishing Inc. </copyright-statement><copyright-year>2014</copyright-year><license><license-p>This work is licensed under the Creative Commons Attribution International License (CC BY). http://creativecommons.org/licenses/by/4.0/</license-p></license></permissions><abstract><p>
 
 
  <b>Introduction:</b> Law and ethics have largely been blended into common standards of professional conduct. In Senegal, pharmacists must be aware of the Code of ethics rules to be observed and potential consequences, in order to predict what is regarded as unacceptable behavior or not. In the event of non-compliance, pharmacists are brought in disciplinary chambers according to a disciplinary procedure. The purpose of our work was to study the compliance of disciplinary procedure in Senegal, on cases already examined from 2010 to 2015 by the College of Pharmacists. 
  <b>Methodology:</b> This is a retrospective and descriptive study of disciplinary cases examined by college of pharmacists, from 2010 to 2015. Existence of a legal and institutional framework organizing disciplinary procedure was assessed. 
  <b>Results:</b> Six of the eight cases were examined; only two cases were pending disciplinary procedure which was well framed. Decisions are in compliance with those listed in our text. However, the procedure is obsolete and has limitations, including complaint form, which is not specified; investigational period, notification of hearings, as well as decisions are not respected. Also, sanctions are not subject to any monitoring for decisions enforcement. 
  <b>Conclusion:</b> Disciplinary procedure was well framed at the legal and institutional level. However, the college of pharmacy doesn’t bring pharmacists to disciplinary chambers, and when it was done, the disciplinary procedure was not in compliance with text. Texts were obsolete and decisions made were not subject to any enforcement.
 
</p></abstract><kwd-group><kwd>Procedure</kwd><kwd> Disciplinary</kwd><kwd> College of Pharmacist</kwd><kwd> Council</kwd><kwd> Complaint</kwd><kwd> Decisions</kwd><kwd> Appeals</kwd></kwd-group></article-meta></front><body><sec id="s1"><title>1. Introduction</title><p>In Senegal, pharmaceutical sector progress plays an increasingly role in health system  (Andr&#233;, 1900) . Community of pharmacists, regarding their skills and proximity to population, is called upon every day, by thousands of people for advice. They are required to provide support for social medicine services, and to participate in any public service, in order to protect and preserve for public health. They must follow in their professional exercise, the code of ethics, a set of rules of conduct to be respected<sup>1</sup>.</p><p>Law and ethics have largely been blended into common standards of professional conduct.</p><p>Ethics are principles and values, which together with rules of conduct, and laws regulate a legal profession. They act as an important guide to ensure right and proper conduct in the daily practice of the law. Areas covered by ethical standards include: Independence, honesty and integrity<sup>2</sup>.</p><p>In a context with strong financial constraints for State and populations, health and socio-economic difficulties such as illegal practice of pharmacy, counterfeit drugs; pharmacists are exposed and could incur three responsibilities (disciplinary, civil and criminal) that can be undertaken independently, or combined. However, a distinction should be made between criminal misconduct, which constitutes an attack on society or public order, and disciplinary misconduct, which is limited to a lack of professional duties  (Fouassier, 2016) .</p><p>In Senegal, disciplinary action belongs in principle to section councils of College of Pharmacists, which, meet in disciplinary chambers, assess and sanction disciplinary faults during a disciplinary proceeding. Disciplinary procedure plays an important role in maintaining public trust in the pharmacy profession.</p><p>However, the College of Pharmacy which has to promote the code of ethics, doesn’t make pharmacists aware of the Code of ethics rules to be observed in the event of non-compliance. Therefore, pharmacists are not informed of rules to be observed and potential consequences such as sanctions and disciplinary procedure, in order to predict what is regarded as unacceptable behavior or not  (Hattingh, 2008) .</p><p>This aforementioned situation contributes in Senegal law case weakness, observed in disciplinary matters. Our general objective was to study the compliance of disciplinary procedure by Senegal College of Pharmacists, on cases handled from 2010 to 2015. We’ve first described disciplinary procedure, before elements proceeding to analysis of the aforementioned elements in their application.</p></sec><sec id="s2"><title>2. Methodology</title><p>A) Type of study</p><p>This is a retrospective study of disciplinary cases handled by College of Pharmacists, over the period from 2010 to 2015. It took place at College of Pharmacists headquarters in Senegal, located at Sicap Mermoz 2<sup>nd</sup> door, building number 7538.</p><p>B) Data collection and analysis</p><p>We have taken advantage of disciplinary cases communicated to us by an adviser to the Order. Also, we had interviews with certain advisers of College of Pharmacists, to complete and validate the information collected.</p><p>We also checked existence of a legal and institutional framework, described disciplinary cases handled, checked the disciplinary action and the disciplinary body.</p><p>Data exploitation was illustrated in the form of tables and figures, and carried out by Microsoft Excel, software version 2017. Data collected was analyzed in comparison with disciplinary procedure of France College of Pharmacists.</p></sec><sec id="s3"><title>3. Results</title><p>A) Legal and institutional framework</p><p>Legal framework consists respectively of laws relating to pharmacy, and Senegal Order of Pharmacists. Also, there is a decree of application of the law creating by College of Pharmacists, and Code of ethics.</p><p>At institutional level, we have Ministry of Health and Social Action, Ministries of Interior and Labor intervene. There are also other structures such as Department of Pharmacy and Medicines, College of Pharmacists of Senegal.</p><p>B) Disciplinary cases</p><p>Disciplinary procedure framework, facilitated to Council of section B of College of Pharmacists, treatment of eight (8) disciplinary cases, from 2010 to 2015. Cases examination of the said cases, made possible to describe elements of the procedure applied, from disciplinary action (C), to proceedings (D).</p><p>C) Disciplinary action</p><p>It is triggered following introduction of a complaint, and motivated by a disciplinary fault against a pharmacist.</p><p>1) Disciplinary misconduct</p><p>It is characterized during a disciplinary proceeding. The following faults identified in the course of our work are distributed as follows (<xref ref-type="table" rid="table1">Table 1</xref>).</p><p>In our study, most frequent faults were related to illicit drugs trafficking, refusal of contributions and transfer of pharmacies without authorization (<xref ref-type="fig" rid="fig1">Figure 1</xref>).</p><p>2) Complaint filing</p><p>Disciplinary action can only be initiated against a pharmacist through a complaint introduced by authorized persons. In our study, people listed on (<xref ref-type="table" rid="table2">Table 2</xref>), filed a complaint to trigger disciplinary action.</p><p>Out of eight disciplinary cases handled, six complaints were brought by President of National Council of the College of pharmacy, i.e. (75%). The other two complaints were introduced at 50% by the Minister in charge of Health and the President of Section B Council of the college of Pharmacy (<xref ref-type="fig" rid="fig2">Figure 2</xref>).</p><p>D) Disciplinary body</p><p>1) Disciplinary case investigation</p><table-wrap id="table1" ><label><xref ref-type="table" rid="table1">Table 1</xref></label><caption><title> Faults distribution according type and frequency</title></caption><back><ref-list><title>References</title><ref id="scirp.127611-ref1"><label>1</label><mixed-citation publication-type="other" xlink:type="simple">Andr&amp;eacute;, P. L. (1900). History of Pharmacy: Origin - Middle Ages - Modern Times, Octave Doins, Paris (p. 729).</mixed-citation></ref><ref id="scirp.127611-ref2"><label>2</label><mixed-citation publication-type="other" xlink:type="simple">Leca, A. (2013). Chapter 048. Pharmaceutical Law (7th Edition). Referral to the Disciplinary Judge. Timeless Collection. 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