The HSE has said that it will serve legal injunctions on pharmacists who opt out early of the medical card and community drugs schemes.

In registered letters being sent to individual pharmacists this week, the health authority has said it will issue legal proceedings if the pharmacists do not provide assurance that they will "fulfil their contractual obligations" in relation to the medical card and community drugs schemes.

According to the authority, "Each contractor (pharmacist) is required to provide the HSE with three months notice if they wish to terminate their contract. The purpose of this contractual provision is to ensure a reasonable timeframe to allow for alternative and appropriate services to be put in place in a safe manner."

However, Galway pharmacist Brian Walsh told the Galway Independent that areas of the county are almost certain to be without cover as many pharmacists have already opted out.

"In Loughrea they have all sent letters, it's the same in Ballinasloe, Kinvara, Connemara, Claregalway and Lackagh. It's more sporadic throughout the city, where pharmacies aren't as dependent on prescriptions or medical cards," he said.

He warned that more pharmacists would drop out of the scheme, as "people have been burying their heads in the sand" and refusing to acknowledge that the HSE would not budge on the issue.

The Irish Pharmaceutical Union is due to meet today to discuss the matter, but will be reluctant to issue any guidance to members, as one member of the executive has already been brought before the Competition Authority, accused of operating in a cartel when several pharmacies in his area opted out.

Mr Walsh said the HSE appears to have no contingency plan. "Injunctions are their contingency plan," he said. In response to this allegation the HSE reiterated that it "expects that pharmacists will act in the best interests of their patients by moving to provide the three months notice as required under the terms of the community pharmacy contract should they wish to withdraw from it."

Speaking on Friday, Pat O'Dowd, Assistant National Director, HSE, said: "We have previously contacted every pharmacist seeking assurance that they will act in a professional manner and adhere to their contractual obligations, but we have not received an adequate response to date."

In the absence of the necessary assurance from pharmacists, the HSE said it "will take whatever measures it considers necessary in order to ensure that patient safety is not compromised".

"The HSE has a clear obligation in relation to the many services it provides and must act appropriately to ensure that no individual or group places their own gain above the duty of care to patients," a spokesperson said.

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