B3 Law, confidentiality and consent

Question 1

who makes statutory laws? what do they include?

Answer 1

• the state (government / organisation)
• acts (primary legislation)
• regulations and statutory instruments (secondary legislation)
• codes of conduct / standards

Question 2

where is common law derived from?

Answer 2

• previous court cases
• judge decision on something not specified in statutory law becomes the law on these issues

Question 3

describe criminal law. how is it proven?

Answer 3

• doing something or failing to do something is an offence by law
• the state taking action against citizens
• governs processes for the investigation of crime
• prove beyond reasonable doubt

Question 4

describe civil law. how is it proven? what does it usually involve?

Answer 4

• regulates rights between citizens or rights citizens seek to exercise against the state
• proceedings are brought against an individual or organisation (not criminal proceedings)
• usually involves money
• prove on the balance of probabilities

Question 5

describe administrative law

Answer 5

• concerns the activities of public bodies (how they deliver services that they provide)
• between public bodies, their servants and clients

Question 6

what prosecutions / sanctions can be given under criminal law?

Answer 6

prosecutions
fines
prison sentence

Question 7

what prosecutions / sanctions can be given under civil law?

Answer 7

• payment of compensation
• referral to professional or administrative route

Question 8

what prosecutions / sanctions can be given under administrative law?

Answer 8

loss of remuneration
loss of NHS contract

Question 9

what prosecutions / sanctions can be given under professional law?

Answer 9

conditions
suspension
removal from register

Question 10

describe confidentiality in the day-to-day life of a pharmacist

Answer 10

• pharmacists have a duty of care to their patients
• common law / ethical requirement
• info provided or received in confidence

Question 11

when can information be disclosed without permission?

Answer 11

• on a ‘need to know’ basis (eg. when providing direct care with another healthcare professional)
• statutory requirements (notifications eg. births / deaths to bodies with a legal right eg. by court order)
• in the public interest (to prevent harm / serious crime)

Question 12

what are the 3 main purposes (functions) of consent? explain

Answer 12

moral function
- basic right to be involved in decision around your own healthcare

clinical function
- to facilitate patient understanding of treatment
- foster trust
- for cooperation with procedure

legal function
- to provide justification for care
- protect healthcare professionals from criminal / civil claims

Question 13

what makes valid consent? (4 principles of consent)

Answer 13

• voluntary
• by an appropriately informed person
• by a person with capacity
• given for a specific intervention