Jurisprudence Flashcards
What is the Regulated Health Professions Act (RHPA)?
- regulation of health professions in Ontario
- 2 parts - topics external to regulatory colleges & Health professions procedural code
What is the Pharmacy Act (PA)?
- deals w/ topics specific to the Ontario College of Pharmacists
- permits college to make regulations relating to prescribing, dispensing & administration of drugs
What is the Drug and Pharmacies Regulations Act (DPRA)?
- accreditation, inspection, ownership, & operation of pharmacies
- deals w/ the rules for dispensing drugs
What are the 4 Registration Classes?
- Pharmacist *
- Registered pharmacy student
- Intern
- Pharmacy technician *
- protected titles
Pharmacist Registration Regulations
- Requires meeting the entry-to-practice requirements & maintaining continuing competency requirements
- Part A - only a pharmacist can practice pharmacy & provide patient care
-
Part B - have TCLs:
○ Cannot provide patient care
○ Cannot sell, dispense 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 tech
○ Must identify as a pharmacist listed in Part B of the register when working in a pharmacy or patient care envmts
Registered Pharmacy Student Regulations
- Must meet registration requirements outlined on the OCP website in order to register as a student
- A certificate of registration has TCLs:
○ Only engage in practice if completing an education program or training as set out in the registration
○ Only engage in practice while under direct supervision of a pharmacist or other health care professional if completing a rotation for an approved education program
○ Cannot dispense, compound or sell drugs unless under the direct supervision of a pharmacist
○ Cannot supervise a pharmacy
Cannot delegate or accept delegation of a controlled act
Pharmacy Intern Registration Requirements
- Must meet registration requirements outlined on the OCP website in order to register as an intern
- A certificate of registration has TCLs:
○ Only engage in the practice of pharmacy when:
- Practicing in a pharmacy to which Drug an Pharmacies Regulation Act applies while under direct supervision of a Pharmacist or
- In all other cases, while under the supervision of a Pharmacist
○ Cannot supervise a pharmacy
○ Cannot delegate a controlled act
- Can accept delegation of a controlled act as long as proper protocol is followed
Pharmacy Technician Registration Requirements
- A certificate of registration has TCLs:
○ Must practice under the direct supervision of a pharmacist in an accredited pharmacy (other than a remote dispensing location) & in all other cases under the supervision or direction of a pharmacist
○ Cannot supervise the pharmacy
○ Cannot delegate a controlled act
○ Cannot provide info/education relating to drug use, to or for a patient, where it requires therapeutic knowledge, clinical analysis or assessment - Can ensure the technical accuracy of all prescriptions and are able to independently check (take responsibility for) the technical component while the pharmacist remains responsible for the therapeutic component
Temporary Registration Classes - Emergency Assignment
- Gvmt of Ontario requires more pharmacy professionals to maintain sufficient access to pharmacy services for the public
- Issue emergency assignment (EA) certificates of registration for Pharmacists and/or Pharmacy technicians
- Registrar issues these EA certificates of registration as temporary w/ a 2 month expiry (may be extended as needed)
-
Pharmacist (EA) TCLs:
○ Must be supervised by a Pharmacist in Part A
○ Cannot be the designated manager of a pharmacy -
Pharmacy Technician (EA) TCLs:
Must be supervised by a pharmacist in Part A
What is the Public Register?
- Known as “Find a Pharmacy or Pharmacy Professional” on College’s website
- provides info on registered Pharmacies and Pharmacy Professionals in Ontario to help pts make informed decisions
- College is required by law to maintain this register
What is the Controlled Acts Regulation?
More broad idea
- identifies which classes can perform a controlled act & which requirements must be met
- Ex. Administration of the Influenza vaccine (for pts 2 years or older & w/ approved injection training) under Ontario’s Universal Influenza Immunization Program can be performed by:
○ Part A Pharmacists
○ Pharmacy interns & pharmacy students
○ Pharmacy techs - Valid CPR & 1st aid is required for pharmacists, students & interns, recommended for techs
What is the Quality Assurance Regulation?
- Describes the components of the quality assurance program & the procedures that to be followed by the College
- To help ensure competency of Pharmacists & pharmacy techs to protect the public
What is the Professional Misconduct regulation?
- In addition to definitions already in the RHPA (ex. Sexual abuse)
- Professional misconduct includes:
○ Failing to maintain the standard of practice of the profession
○ Conflicts of interest
○ False billing
○ Misrepresentation of qualifications
○ Failing to cooperate w/ the college - “catch all” clause that makes it professional misconduct to act in a disgraceful, dishonourable or unprofessional manner
What are By-laws?
broad idea
- Some acts, like the RHPA authorize the making of by-laws
- By-laws are usually about internal or administrative matters
- By-laws are made by the College & are NOT subject to gvmt approval
- Ex. Banking & audit arrangments, council election, professional liability insurance
What are Standards of Practice and Code of Ethics
very broad
- Set the minimum expectations & behaviour of the profession
- College committees apply standards of practice when dealing w/ members of the pharmacy profession
- Supplemental standard of practice (sSOP) provides expectations surrounding medication safety as it pertains to the AIMS (assurance & improvement in medication safety) program
- College has adopted the following by NAPRA:
- Model standards for Pharmacy Compounding of Sterile Preparations (non-hazardous & hazardous) & non-sterile preparations
- Supplemental standards of practice for Schedule II & Schedule III drugs
Models of Regulation - No Regulation
- allows the market to determine which activities or practitioners will be chosen
Models of Regulation - Consumer Protection Regulation
- ex. The sale of time shares & fitness centre memberships is governed by Ontario’s Consumer Protection Act
Models of Regulation - Direct Government Regulation
- provincial gvmt could have the Ministry of Health & Long-term care regulate the pharmacy profession
Models of Regulation - Self-regulation
- provincial gvmt can delegate to a profession under an act the authority to regulate itself (ex. Pharmacy profession in Ontario)
- Ontario govmt has chosen self-regulation model for health professions
Registration Models vs. Licensure Models
-
Registration Models - regulate registered individuals or places that choose to become registered, but do NOT require the individuals or places to become registered
- they can use a protected title
-
Licensure Model - prohibit people or places from doing certain activities unless they hold a license
- Ex. Operating a pharmacy
OCP - Publict Interest Mandate
- College has a mandate under RHPA to serve & protect the public interest
- Duty to report to the Minister of Health & Long-Term care
- gvmt has to approve any regulations proposed by the college before they take effect
- Decisions in discipline & fitness to practice can be appealed to the courts
- Meetings of the Council & College and discipline hearings are open to the public
- College is required to publish its discipline decisions & other relevant info about members of the pharmacy profession on the Public register
- College must have a website setting out its roles, responsibilities, & regulatory activities
Scope of Practice Statement
What is it?
- Helps the public & the profession understand what members do
- College uses the statement to identify where it should focus its regulatory activities
- NOT exclusive, other professions do portions of these activities
- Members of the pharmacy profession are not prohibited from doing activities outside of this scope of practice statement
- However they cannot call themselves a member while doing so
Scope of Practice of Pharmacy
4 main areas in scope of practice
- (a) the custody, compounding, dispensing & prescribing of drugs
- (b) the provision of health care aids & devices
- (c) the provision of info & education related to the use of anything mentioned in (a) & (b)
- (d) the promotion of health, prevention & treatment of disease, disorders & dysfunctions through monitoring & management of medication therapy
Explain the Controlled Acts Model
what can the gvmt prohibt?
- can prohibit anyone who is not registered w/ the college from using a protective title
- prohibit anyone who is NOT registered w/ the college from practising pharmacy
- created a list of acts that are considered inherently harmful if not performed by competent, authorized individuals
- Same controlled act can be performed by more than 1 profession (ex. nurse, physicians)
- Dispensing, selling or compounding a drug, or supervising the part of a pharmacy where such drugs are kept is the most relevant controlled act affecting the pharmacy profession
- other controlled acts including prescribing & administering, by injection or inhalation, certain drugs
Controlled Acts in Pharmacy
- Dispensing, selling or compounding a drug, or supervising the part of a pharmacy where drugs are kept
- Administering, by injection or inhalation, a substance specified in the regulations
- drugs as listed & only for education & demonstration purposes
- Prescribing a drug specified in the regulations
- renewing & adapting prescriptions
- Prescribing a drug, other than a drug mentioned in paragraph 3 in accordance to regulations
- Performing a procedure on tissue below the dermis
NOTE: NOT all members of the pharmacy profession can perform ALL of these authorized acts
What are Controlled Acts?
Definition
- tasks w/ the potential to cause harm if not done correctly by a competent person
Exceptions to Controlled Acts
When can individuals w/out specific authorization complete controlled ac
- In the case of emergency
- Family members can perform some
- Ex. Administering an injection to a child - May be delegated by a member in accordance w/ profession-specific regulations
What is the Fiduciary Duty?
- Members are said to have a fiduciary duty to their pts
- It is an obligation of undivided loyalty & utmost good faith to the person being served
- Member of pharmacy has to put the interests of the pt above their own
What is Mandatory Reporting?
- A legal obligation to disclose important info to the appropriate authority even if info is protected by a duty of confidentiality or one would prefer not to make the report
- The benefit to society in making the mandatory report outweighs the usual considerations to privacy
Mandatory Reporting - Sexual Abuse
- When there are reasonable grounds to believe that a member of the pharmacy profession has engaged in sexual abuse
- Must be reported in writing to the OCP
- Does not have to be directly observed
- Apply to other health practitioners as well
Mandatory Reporting - Facility Operators & Employers
- Required when a member of pharmacy terminates the employment of, or association with another member for professional misconduct, incompetence or incapacity
- includes if someone quits before you fire them
- Operators of facilities which are not necessarily members, must also report practitioners who are incompetent or incapacitated
Mandatory Reporting - Self-reports
- If a member is found guilty of an offence, he or she must report that to the Registrar
- Made for findings of professional negligence (malpractice)
- Must be made by the member in writing to the College Registrar right after the finding has been made
Mandatory Reporting - Child Abuse
- Report a child in need of protection to the local children’s aid society under the Child & Family Services Act
Mandatory Reporting - Long Term Care
- Long-term care & retirement home statutes require the reporting of abuse or neglect of residents to the appropriate gvmt office
Mandatory Reporting - Risk of Harm
- Case law requires members to intervene when they become aware of a risk of serious bodily harm or death of a person
What is the OCP?
- Ontario College of Pharmacists
- created by statute to regulate the pharmacy profession in the public interest
- College holds members accountable to meet their professional responsibilities under the RHPA, the Pharmacy Act and the DPRA
- College is independent of the gvmt - can make its own regulatory decisions but is still accountable to the gvmt
OCP Council
Who makes it up?
- Council serves as a board of directors
- Under the Pharmacy Act, Council (board) is composed of:
- 9 elected directors (pharmacy professionals, 2 must be techs)
- 9-16 public directors appointed by gvmt
- The deans of the Ontario Pharmacy programs
- Council is supported by Committees & Registrar
OCP - Executive committee
- Coordinates operations of the college
- Deals w/ any matters requiring immediate attention b/w meetings
OCP - Registration Committee
- Determines whether an applicant meets the requirements for registration
- A panel can decide if exceptions can be made, or if further education/training is required
OCP - Quality Assurance Committee
- Develops & maintains QA program which includes: 2-part register, continuing education, min practice requirements etc.
- Encourages members to engage in continuous professional development
OCP - Inquires, Complaints & Reports Committee
- Investigates concerns about members relating to misconduct, incompetence, or incapacity
- can take various types of action
OCP - Discipline Committee
- Holds hearings to determine whether a member has engaged in professional misconduct or is incompetent
- The panel has authority to revoke, suspend or limit a member’s registration, impose a fine or reprimand the member
OCP - Fitness to Practice Committee
- Holds hearings to determine whether a member is incapable or impaired
OCP - Patient Relations Committee
- Develops programs to encourage healthy interactions b/w pts & members
- Handles matters of funding for therapy & counselling of pts who have been sexually abused by members
OCP - Accreditation Committee
- Established under pharmacy act
- Reviews concerns about operation of pharmacies
- Can direct further inspections or refer them to the Discipline committee
What are the 4 Regulatory Activities of the College?
Just list them
- Restrictive regulation
- Reactive regulation
- Proactive regulation
- Transparent regulation
What is Restrictive Regulation?
- Limiting those who can perform pharmacy activities or use pharmacy titles
- College sets out requirement for registration in its regulations
- College has requirements for good character whereby the individual will practise pharmacy w/ decency, honesty & integrity and in accordance w/ the law
- If unclear if applicant meets requirements, Registrar refers application to Registration Committee (through panel) to make decision
- If unregistered person uses a protect pharmacy title or performs controlled act, the college can prosecute them in court
What is Reactive Regulation?
- responding to complaints & concerns about the conduct, competence & capacity of members of the profession
- Complaint brought to ICRC, complaint is brought to member, have chance to respond in writing
- Member could be reminded to follow certain standards, could be cautioned verbally, could be asked to complete continuing education
What is Proactive Regulation?
- designed to enhance the knowledge, skill & judgement of members
- Quality assurance program, Inspection/pharmacy assessment, Patient relations program, Practice tools on OCP
What is the Quality Assurance Program? What are the parts?
- Help members enhance their knowledge, skill & judgement
- All members are expected to engage in continuing professional development & maintain a learning portfolio
- Pharmacy techs are selected once in every 5 year cycle to complete a self-assessment, self assessments for Pharmacists (A) is voluntary
- ALL pharmacists & techs are required to undergo a practice assessment w/ a college practice advisor when selected (4-6 years)
- Pharmacists (A) are required to undergo a knowledge assessment when selected every 5 years, tech will come in the future
What is the Patient Relations Program?
- Program has a detailed plan to prevent sexual abuse of patients from occurring
- includes education in pharmacy schools, providing resources for members & their employers, & through public education
- Training college staff on recognizing & responding appropriately to concerns
- Maintaining professional boundaries is always the responsibility of the member, consent is never an excuse