3. Types of Law

Question 1

What are the two types of law ?

Answer 1

1. Statute Law
   - Criminal
   - Administrative
   - Professional
2. Criminal Law
   - Case Law
   - Common Law

Question 2

Give an example of a criminal law and who this is between ?

Answer 2

Acts between the state and its citizens

Question 3

Give an example of an administrative law and who this is between?

Answer 3

NHS law between public bodies, their servants and clients

Question 4

Give an example of a professional law and who it is between?

Answer 4

GPhC regulatory requirements between the state (as proxy for patients) and health professionals

Question 5

Give an example of civil law and who this is between?

Answer 5

Precedents in court between citizens and between professionals and their clients

Question 6

What are the main acts related to pharmacy ?

Answer 6

• Medicines Act 1968
• Misuse of drugs act 1971
• Poisons Act 1972
• Health and Safety at Work 1974

Question 7

When can we disclose information about a patient ?

Answer 7

1. With consent of the patient (or their representative)

2. Without consent of the individual (or their representative)

Question 8

When could you share information about a patient without their consent ?

Answer 8

1. On a ‘need to know’ basis
2. Statutory requirements (i.e. by law)
3. In public interest

Question 9

What is the main reason for consent ?

Answer 9

• For moral function
• Legal function- Protection against being suede
• Clinical function
• Cannot assume you know patients best interest