Pharmacy Law 6
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- Created by: LBCW0502
- Created on: 22-10-17 19:33
Adults who lack mental capacity cannot do what? (4)
Understand information provided to make a particular decision, retain information long enough to be able to make a decision, use/weigh up information to make a decision, communicate their decision
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Competent adults have the capacity to do what? (5)
Accept or refuse intervention, disclosure of medical information, acceptance of medication, submission to surgery, participation in clinical trial
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What is consent?
Process of negotiation and agreement
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Give examples of when informed patient consent would apply (8)
Diagnosis, nature/purpose of proposed treatment, risks/consequences of treatment, doctor/hospital success rate, benefits expected/likelihood of being realised, all alternative treatments, prognosis for no treatment, cost/burden of treatment options
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How is confidentiality and data protection addressed in law? (4)
Common law, state law, professional ethics, NHS regulation
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What is confidentiality generally?
Information given to you by someone with the expectation that you will not pass it on without their permission
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What is confidentiality professionally?
Personal information about patients that should not be divulged to others except under special circumstances
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What are the special circumstances where personal information about patients to given to others?
In the patient's interest (medical information about patient given to other healthcare professionals - usually get consent). When required by the law (information to detect/prevent criminal activity - might be without consent)
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Which situations involve confidential information when receiving a prescription? (5)
Receiving a prescription where the medicine is for: a sexually transmitted disease, HIV, alcoholism, other drug dependency, terminal cancer
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Which situations involve confidential information when a patient provides information? (5)
Intends to commit suicide, not going to take medicine, sexually active (under age), about someone else, about medical condition
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Which situations involves confidentiality including young people?
Purchasing products that perhaps they shouldn't and being questioned by parents (particularly around contraception)
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Which situations involves confidentiality including the police?
Access to patient's medication record in connection with a criminal investigation
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What are the aspects of the basis of confidentiality? (4)
Civil law (duty of confidence), statute law (data protection act), professional (GPhC Code of Ethics), Contractual (NHS - 'Caldicott', employer - commercial confidentiality)
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What is a tort?
Civil 'wrong' or injury
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What are the aspects of duty of care? (3)
Duty to care when dealing with another person, for pharmacists - civil + professional, can be enforced through statute
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What is duty of confidence?
This exists when a person is given confidential information, and is understood to have agreed that it should 'not normally' be passed to anyone else without permission
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What is a breach of confidence?
When information is passed on without consent
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What is patient confidentiality? (3)
Generally held under legal (civil/statute) and ethical obligations of confidentiality, provision of information in confidence should not be used/disclosed in form that might identify patient without their consent, there are always exceptions
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What is the application to pharmacy? (4)
Protect confidentiality, duty extends to info relating to individual pharmacists acquire in professional activity, confidential information includes person details/medicines/POMs/OTC, access restricted to those in need/obligation on confidentiality
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What does the Data Protection Act 1998 state? (4)
Regulates processing of personal data, applies to all personal records (manual/electronic), excludes non personal (e.g. stock records), anybody holding personal data must register and pay an annual fee
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What are the aspects of terminology for data protection? (4)
Data protection commissioner, data controller (person in charge of keeping records), data processor (anyone else processing data), data subject (person on whom data is being kept)
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What are the principles for holding data? (7)
Obtained fairly/lawfully, only for lawful/specified purpose, adequate and relevant, accurate and up to date, kept only for as long as necessary, available to data subject, protected - against unauthorised/unlawful processing/loss/destruction/damage
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Consent to processing is normally required but what is largely exempt?
Medical records (and PMRs)
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What are data subject rights? (4)
Right of access, conditions for access, exemptions
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What are the aspects for right of access?
If computerised information kept then has right to know and see - subject to certain conditions
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What are the conditions for access? (4)
On written application must be made available unless disclosure may cause serious harm, must be supplied within 40 days, fee is chargeable, unauthorised disclosure may entitle Data Subject to compensation
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What are the exemptions? (3)
Anonymised information (FOI), parents/legal guardians where justified, for detecting/preventing crime
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Access to Health Records Act 1990 is mostly incorporated into what?
The Data Protection Act
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What are the additional provisions? (4)
Patient can authorise another to have access e.g. solicitor, courts can authorise e.g. capacity, no access to children without permission, allow access to records of deceased to a personal representative/claim arising from patient's death
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Where are there cases where there is disclosure without consent? (4)
Within healthcare team (consent implied/Health Act 2001), parent/guardian consented for those unable to (not adolescents/Gillick Competence), considered necessary (avoid harm, third party/public health), disclosure directed by law
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What does the GPhC state in principle 3.5?
Respect/protect dignity and privacy of others, prevent accidental enclosure/unauthorised access to information without consent apart from exemptions (e.g. law)
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What are the 6 principles of good practice to maintain confidentiality when using patient information?
Justify purpose, don't use patient identifiable info unless necessary, use minimum necessary patient identifiable info, strict access to info, everyone with access should be aware of responsibilities, understand/comply with law
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Other cards in this set
Card 2
Front
Competent adults have the capacity to do what? (5)
Back
Accept or refuse intervention, disclosure of medical information, acceptance of medication, submission to surgery, participation in clinical trial
Card 3
Front
What is consent?
Back
Card 4
Front
Give examples of when informed patient consent would apply (8)
Back
Card 5
Front
How is confidentiality and data protection addressed in law? (4)
Back
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