EBP Law and ethics Flashcards
What is statutory law?
Enforced by government = police
- criminal law - punishable by custodial sentences, community orders, fines, etc.
What is law of torts?
Body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from wrongful acts of others
Belongs to common/case law
Explain what constitutes a negligence in the context of torts
To be sued for an injury caused by negligence (not meeting processional req/standard)
- Must have a duty to the affected party - Must breach that duty of care - Patient must experience harm - harm must be caused by breach of duty
Code of conduct
What is the overarching principles of Medicines Australia?
1) quality use of Australia
2) Providing current, accurate, balanced, scientifically valid information (applies to all other company communications)
3) Information relevant to prescribing are clearly communicated in all promotional material; to support proper assessment of their risks and benefits
4) All promotional claims are consistent with Australian Product information document
Summarise some code of conduct principles of pharmacists
Put patient first - safe, effective, collaborative practice
Aboriginal and Torres Strait islander health and cultural safety
Respectful and culturally safe practice for all = ethical obligation to protect privacy
Working with patient = need to obtain informed consent
Summarise some of the actions pharmacists should do/deliver
Provide equitable, culturally safe, respectful, and responsive healthcare
Support patient to actively participate in and make informed decisions
Maintain a person’s privacy and confidentiality
Pharmacist must communicate effectively with the person
Pharmacist should provide current, relevant, evidence-based advice
Summarise the law/AHPRA regulation about counselling about a prescribed medication
Patients have the right to expect that pharmacist will counsel them privately about med
Patient also reserves the right not to be counselled but pharmacist should make every effort to counsel or to offer to counsel whenever medicine is supplied
Communication should be face to face but written/telephone information direct to patient is good
List the main ethical principles
Respect for autonomy
Nonmaleficence
Beneficence
Justice
Summarise the ethical principle of autonomy
Refer to the right of informed consent, privacy, confidentiality
Also means someone has the right to refuse treatment
When is consent valid?
Person has capacity = ability to reason things out, to understand, retain, believe, evaluate, and weigh relevant information
How should information for informed consent be delivered?
Clear
Accurate
Understandable = account for disability, language, literacy
What are surrogate decision makers?
People with power of attorney are appointed by the patient to make medical or financial decisions for them (depending on the degree of power given)
The appointed person cannot overrule the person who is appointed
What is Gillick/Frazer competency?
Its a common law which says that children can consent to medical treatment if they can provide valid consent
They must understand the consequences of their parents finding out
Frazer competency does not apply to refusal of treatment
What does it mean when someone under 18 is Fraser competent?
Their confidentiality laws are the same as an adult
Under what circumstances can a pharmacist provide/give out information about a patient?
With the patient’s permission
To other persons authorised to the extent of the latter person’s lawful jurisdiction
On a court order
If in pharmacist’s opinion, it is the patient’s best interest to divulge pertinent info to another health practitioner who is treating patient
