Jurisprudence #1 Flashcards

1
Q

RHPA

A

Regulated Health Professions Act
-regulates a number of health professions in Ontario

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2
Q

Two main parts of the RHPA

A

1) Topics external to the college
-describes the role of Minister of Health, long term care, etc
-deals with controlled acts

2) Health professions Procedural code
-powers and duties of the college
-handling everything in the public interest relation to pharmacy
ex: registering new pharmacists, complaints, investigations, disciplinary actions, etc

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3
Q

Pharmacy Act

A

-specified parts of the regulation of pharmacy
-defines name, scope of practice, controlled acts, composition of governing council, and protected titles
-permits the college to make regulations of dispensing and prescribing drugs

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4
Q

The RHPA and Pharmacy act

A

makes the OCP responsible for governing the profession of pharmacy in Ontario

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5
Q

DPRA

A

-responsible for accreditation, inspection, ownership and operation of pharmacies
-deals with RULES for dispensing drugs

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6
Q

Controlled acts regulation

A

identifies which classes can perform a controlled act and which requirements must be met

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7
Q

Quality assurance regulation

A

ensures competency of pharmacists and pharmacy technicians

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8
Q

The Ontario College of Pharmacists

A

-regulates pharmacy in the public interest
-holds pharmacists accountable to meet their responsibilities under the RHPA, Pharmacy Act, and DPRA
-independent of the government (makes its own regulatory decisions but still accountable to government, has to makes reports to them. regulations have to be approved by government, government can make recommendations or set general policy direction)

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9
Q

Who leads the OCP

A

The college council/board
-board of directors

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10
Q

What is the Board made of?

A

-9 elected directors (pharmacy professionals, two must be pharmacy technicians)
- 9 to 16 public directors appointed by the government

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11
Q

The 8 statutory committees

A

IDFEPARQ

Inquiries, complaints and reports
Discipline
Fitness to practice
Executive
Patient relations
Accreditation commitee
Registration
Quality assurance

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12
Q

Inquiries, complaints, and reports committee

A

-investigates complaints and concerns relating to professional misconduct, incompetence or incapacity
-can either take no action, educational action, or refer to formal hearing

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13
Q

Discipline committee

A

-holds the hearings to see if pharmacist has engaged in professional misconduct or is incompetent
-can revoke, suspend, limit registration, give a fine or reprimand the member

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14
Q

Fitness to practice committee

A

-holds hearings to see if member is incapable or impaired

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15
Q

Executive committee

A

-operates the college
-receives reports from the other committees before forwarding them to the board for action
-deals with stuff requiring immediate attention between council meetings

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16
Q

Patient relations committee

A

-makes programs to encourage healthy interactions between patients and pharmacists
ex: implementing a sexual abuse prevention plan
-handles funding for therapy + counselling for patients who have been sexually abused by members

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17
Q

Accreditation committee

A

-established under the pharmacy act
-reviews concerns about the operation of pharmacies
-if a pharmacy isn’t meeting accreditation standards, the committee can do inspections or refer to the discipline committee

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18
Q

Registration committee

A

-sees if an applicant for registration with the college meets the requirements
-can grant exceptions
-sees if the applicant needs further education, training or examination before registration

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19
Q

Quality assurance committee

A

-develops and maintains the two part register, continuing education, minimum practice requirements
-assesses the knowledge, skill, and judgment of pharmacists

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20
Q

What are standing committees

A

-under college by-laws
There are 4 of them
DFGS

Drug preparation premises committee
Finance and audit committee
Governance committee
Screening committee

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21
Q

Drug preparation premises committee

A

considers stuff relating to operating of drug preparation facilities in ontario

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22
Q

Finance and audit committee

A

-oversees the financial assets of college
-sets and recommends the budget to the board

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23
Q

Governance committee

A

-figures out the competencies the board is looking for in the coming election
-makes a plan for positions

24
Q

Screening committee

A

-screens applicants who are applying for the board

25
Q

The college has a mandate under the ____ to serve and protect the public

A

RHPA

26
Q

The college has a duty to report to the________ AND _____

A

Minister of Health and Long-Term Care

27
Q

The government appoints individuals, who are not members of pharmacy, to the

A

COUNCIL/BOARD

28
Q

Decisions by the college can be appealed to an independent body, the ___________

A

Health Professions Appeal and Review Board (HPARB)

29
Q

Decisions in discipline and fitness to practice matter can be appealed to the _____

Meetings of the council of the college and discipline hearings are ____ to the public

A

COURTS

open

30
Q

Restrictive regulation of the college

A

-limiting those who can do pharmacy or use pharmacy titles
-requirements to be a good person, follow the law
-if applicant doesn’t meet these requirements –> referred to the registration committee

31
Q

Reactive regulation of the college

A

responding to complaints and concerns about pharmacists

32
Q

Proactive regulation

A

enhance the knowledge, skill and judgement of pharmacists

33
Q

Transparent regulation

A

giving the public info about pharmacists so that the public can make informed choices

34
Q

Describe the authority that oversees/ensures that the OCP is fulfilling its mandate under the Canadian Legal system.

A

The OCP is independent from the government and can make its own decisions, but still accountable to the government
-OCP must make reports to the government
-regulations must be approved by government

35
Q

what are the 4 registration classes with the OCP

A

pharmacist,
pharmacy technician, pharmacy student, pharmacy intern

36
Q

pharmacists

A

-protected title
Part A: gives patient care
Part B: no patient care
-cannot provide patient care
-cannot dispense, sell or compound drugs
-cannot supervise a pharmacy
-cannot be a designated manager
-cannot supervise the practice of pharmacy of a registered pharmacy student, intern or pharmacy technician
-must identify as a pharmacist listed in Part B of the register when working in a pharmacy or patient care environments
*ALL PHARMACISTS MUST ABIDE THE COLLEGE’S CODE OF ETHICS AND STANDARDS

37
Q

Pharmacy technician

A

protected title
-must be under direct supervision of a pharmacist in accredited pharmacy
-can’t supervise or delegate controlled act
-can’t give info/education regarding drug use to a patient
-CAN ensure technical accuracy, does the technical check

38
Q

Pharmacy intern

A

-temporary certificate
-can only practice pharmacy when:

-under direct supervision by a pharmacist
-cannot supervise a pharmacy
-cannot delegate a controlled act

39
Q

Pharmacy student

A

-temporary certificate
-only practice if in education program
-has to be under direct supervision of a pharmacist
-cannot supervise a pharmacy
-cannot delegate or accept delegation of a controlled act

40
Q

Explain the complaints and discipline processes

A
  1. when a complaint is made in writing about a pharmacist to the college, it is investigated by the inquiries, complaints and reports committee (ICRC)
  2. pharmacist is told about the complaint, given a chance to respond in writing. has to give all relevant documents to ICRC
  3. complainant can comment on the pharmacists response
  4. other witnesses approached for info
  5. documents obtained from third parties (from doctors or other members who have dealt with patient)
  6. if more info is needed, an investigator is appointed
  7. ICRC considers all info and makes a decision
41
Q

Incapacity

A

a member of pharmacy who:
1. has a physical or mental condition AND
2. requires restrictions in their ability to practice in order to protect the public

-member can be required to be examined
-can be reffered to fitness to practice committee for a hearing, hearing is avoided in most times by doing treatment
free for all registered classes

42
Q

Incompetence

A

when a pharmacist lacks knowledge, skill, and judgment to the point where restrictions should be imposed

43
Q

Registrars investigation process

A

DOESN’T NEED TO BE MADE IN WRITING BY A PATIENT
-report is made in writing to the ICRC
-member is given results of the investigation and a chance to respond in writing
-ICRC decides what to do with registrars investigation same way it deals with a formal complaint
-can either take no action, give education, refer serious concerns to discipline committee

44
Q

Discipline committee hearings

A

-full hearing is held and open to the public
-gives full disclosure of relevant info
-both sides can hire lawyers, call witnesses, make arguments to discipline committee
-DC hearing panel makes an independent decision of whether the allegations have been proven
- consequences are a reprimand, fine, restrictions, revoking of registration or accreditation
-either party can appeal the decision to the court of ontario

45
Q

Fitness to practice hearings

A

similar to discipline hearings
-BUT CLOSED TO THE PUBLIC
-if incapacity is made, common consequence is treatment

46
Q

Quality assurance program

A

has 4 parts
1) all members are expected to engage in continuing professional development and to maintain a learning portfolio

2) Pharm techs are selected once in every 5 year cycle to complete a self assessment. The self assessment for pharmacists in part a is voluntary

3) All pharmacists in part a and all pharmacy technicians are required to undergo a practice assessment with a college practice advisor when selected (ever 4-6 years)

4) As of 2022, pharmacists in part a are required to undergo a knowledge assessment when selected (every 5 years). A knowledge assessment for pharmacy technicians will be developed in the future

47
Q

It is unprofessional to:

A

abuse a patient
-engage in sexual activity with patient
-provide care to one’s spouse
-discontinue services abruptly without good reason

48
Q

Members of the pharmacy profession must

A

-maintain standards of practice (filling prescriptions properly)
-keep complete and accurate records
-be honest and transparent in the use of titles and billing practices

49
Q

Fiduciary Duty

A

-obligation of undivided loyalty and utmost good faith to the person being served
-putting the interest of the patients above their own
-cannot have sexual relationship with patient, can’t have a conflict of interest when taking care of a patient

50
Q

professional misconduct

A

-failing to maintain the standard of practice of the profession
-conflicts of interest
-false billing
-misrepresentation of qualifications
-failure to cooperate with the college
there is a catch-all clause that makes it professional misconduct to act in a disgraceful, dishonourable or unprofessional manner

51
Q

Explain when and how a mandatory report should be filed with the Registrar of the College.

A

Mandatory report
-legal obligation to disclose important information to the appropriate authority even if the information is protected by a duty of confidentiality or one would prefer not to make the report
-responsibility to self report and report the actions of others
-benefit to society in making the mandatory report outweighs the considerations of privacy

52
Q

Mandatory report: sexual abuse

A
  1. sexual abuse
    -if a pharmacist engaged in sexual abuse
    -sex abuse from another professional must be reported to the registrar of that persons college
53
Q

Mandatory report: facility operators and employers

A

-When a member of pharmacy terminates the employment of, or association with, another member for professional misconduct, incompetence, or incapacity
-operators of facilities (not necessarily members of pharmacy) must also report practitioners who are incompetent or incapacitated

54
Q

Mandatory report: self reports

A

-if a member of pharmacy is found guilty of an offence, he/she must report that to the Registrar of the College (not always criminal, could be failure to report child abuse)
-mandatory self report must be made for findings of professional negligence (malpractice), can only be made by a court. Must be made by the member in writing to the College Registrar right after fining has been made

55
Q

Mandatory report: other reports

A

-Has to report a child in need of protection to local childen’s aid society under the Child and Family Services Act
-Long term care and retirement home statutes require the reporting of abuse or neglect of residents to the appropriate government office
-Case law requires members of pharmacy to intervene when they become aware of risk of serious bodily harm or death to a person
-Emerging law requires disclosing to patients any errors that have or probably will harm them

56
Q

Controlled acts

A

can cause harm if not done correctly by a competent person

DISPENSING, SELLING, OR COMPOUNDING A DRUG or SUPERVISING WHERE DRUGS ARE KEPT