If assisted dying is introduced in Scotland, pharmacists must be able to conscientiously object to taking part, including in the preparing, dispensing and supplying of medication, the Royal Pharmaceutical Society (RPS) has said.

It has called for an 'opt-in' section to be enshrined in law, and suggested that current provisions in the proposed legislation are unclear about how pharmacists might be involved.

Under a private member's bill introduced by MSP Liam McArthur, eligible terminally ill adults in Scotland would be able to lawfully request, and be provided with, assistance by health professionals to end their own life.

Eligibility includes the patient being resident and under a medical practice in Scotland, as well as the patient having capacity to understand and request assistance to end their own life.

If passed, the legislation would make Scotland the only UK nation to lawfully allow assisted dying.

The bill does state: 'An individual is not under any duty (whether arising from any statutory or other legal requirement) to participate in anything authorised by this Act to which that individual has a conscientious objection.'

But the RPS said it had received 'differing legal advice' on whether this would allow pharmacists to conscientiously object, 'both because Scottish Parliament may not have the competency to legislate on conscientious objection, but also because the definition of what constitutes taking part may be too narrow in focus to cover pharmaceutical activity such as preparation, dispensing and supply of medication'.

It also suggested that the bill's requirement for the burden of proof for conscientious objection to be on the individual 'may privilege some healthcare professionals (e.g. those who evidence a connection to a faith-based group), over others'. The RPS noted that this requirement was different to the Abortion Act (1967) which states which only requires 'a statement on oath by any person to the effect that he has a conscientious objection to participating in any treatment authorised by this Act'.

Responding to the Scottish government's consultation on the proposed legislation, the RPS said that an 'opt-in' section must be written into the bill.

And it added that the proposed role of the pharmacist in the assisted dying process 'needs to be clearly articulated'.

'In the bill as drafted, a pharmacist may be present in some circumstances but not in others.  There should be clarity and consistency throughout the process,' the RPS said in a statement released on Friday.

It added that as an organisation, the RPS 'holds a neutral position on assisted dying', but said: 'All pharmacists should have the right to take part, or not take part in the process, depending on their individual religious, moral or ethical beliefs.'

A consultation on the bill has been open over the summer, and the Health, Social Care and Sport Committee is expected to publish a report before the general principles of the bill are open to parliamentary debate.