Pharmacy Law 1

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  • Created by: LBCW0502
  • Created on: 10-10-17 17:24
Why do we need to know about the law? (2)
Cases of giving wrong medication, pharmacists may refuse to give medication (against moral beliefs)
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How does the conscience clause relate to ethics?
The fox and the grapes - patients may ask for a medication (but it's against the pharmacist's moral beliefs)
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What does Appendix 8 of the MEP state? (GPhC Guidance)
If an EHC is not supplied (OTC/P) refer to alternative medicine/source within effective time limit. Applies to hormonal contraception (safety net)
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The labelling offence comes under which section in the Medicines Act?
85.5
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The wrong product supply comes under which section of the Medicines Act?
64.1
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What are the factors considered in decision making? (7)
Criminal law, civil law, NHS regulations, professional standards/code of ethics, professional knowledge, where to look/who to ask, assessment of values/duties to: patient/carer/guardian/parent, clinicians, employer, yourself
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What are the three steps in decision making?
What could I do? (options) What should I do? (choice) What do I do? (action) - documentation of decision/reasoning even when in doubt
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Where does the law come from?
European law: regulations, directives, decisions, recommendations. British law: England, Scotland, Wales, NI
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Who are the law enforcements for criminal?
Police officers and GPhC inspectors
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Who are the law enforcements for administrative?
Nominated representatives of the body (NHS bodies)
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Who are the law enforcements for professional?
Regulatory body, GPhC
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Who is the law enforcement for civil?
Direction by claimant
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What are the criminal sanctions?
Fines and imprisonment
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What are the administrative sanctions?
Generally financial 'loss' of contract
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What are the professional sanctions?
Reprimand or removal from register
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What are the civil sanctions?
Generally 'loss' through payment of compensation
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What year was the Medicines Act?
1968
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What year was the Misuse of Drugs Act?
1971
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What year was the Poisons Act?
1972
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What year(s) was the Health Act?
1999 and 2006
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What year was the Human Rights Act?
1998
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What year was the Human Medicines Regulations?
2012
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What are the key points of primary legislation? (3)
'Bill', green paper (consultation), white paper (intention)
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What are the key points of secondary legislation? (4)
Minister, statutory instruments, regulations, orders (- legal process also involves guidance)
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In the Civil Law what are the responsibilities which need to be identified? (4)
Defamation, breach of confidence, breach of confidentiality/privacy/consent, negligence
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Who does the Human Rights Act apply to?
Public bodies (e.g. NHS) and private bodies doing public functions
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How does the Human Rights Act differ from civil/common law? (4)
Broader, precedent not binding, statutes 'interpreted' rather than written, courts can overrule statute if not compatible
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State some of the rights in the Human Rights Act (6)
Right to: life, prohibition of torture, liberty, fair trial, respect of private and family life, freedom of thought
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Give examples of failure in duty of care in civil law/negligence (3)
Careless acts, omissions, careless statements
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What are the consequences of negligence in civil law? (2)
Contested in civil court, breach of professional responsibility is an issue to professional regulator
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What is required to prove negligence? (3)
Claimant/plaintiff must prove: legal duty of care, breach of that duty of care and suffered 'loss'
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What is the result of proving negligence?
'Damages' are awards e.g. financial compensation
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Describe the thought process for the case of a breach
Establish standard, what should have happened, competence (doesn't have to be the best but does it require special skills?), need diligence (risk management systems to 'prevent', training records/CPD)
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What three factors should you judge against?
Case law, national guidance and professional guidance
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What questions are considered when someone is asking to buy a medicine?
Can you sell it? (statutory law), should you sell it? (risk/benefit to patient - civil law over duty of care), other controls (NHS guidance/professional guidance), do I know what I'm doing (competence) or do I need to seek advice?
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Other cards in this set

Card 2

Front

How does the conscience clause relate to ethics?

Back

The fox and the grapes - patients may ask for a medication (but it's against the pharmacist's moral beliefs)

Card 3

Front

What does Appendix 8 of the MEP state? (GPhC Guidance)

Back

Preview of the front of card 3

Card 4

Front

The labelling offence comes under which section in the Medicines Act?

Back

Preview of the front of card 4

Card 5

Front

The wrong product supply comes under which section of the Medicines Act?

Back

Preview of the front of card 5
View more cards

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