Law 5 Flashcards
What are the general Pharmaceutical Council guidance (7)
- Consent
- Sexual boundaries
- Confidentiality
- Raising concerns
- Duty of candour
- Pharmacy services affected by religious or moral beliefs
- Responsible pharmacist
What is consent (4)
- ‘to express willingness, give permission, agree’. Basic right
- Difference between explicit and implied consent
- Valid consent = capacity + lack of outside pressure + sufficient information
- Lack of capacity = Inability to make or communicate decisions because of “impairment or disturbance”.
How do you assess capacity (2)
- Specific at the time of decision.
- Don’t make assumptions on age, disability, beliefs, condition, behaviour, drugs or alcohol consumption, not the “correct decision”
How do you navigate through the withholding of consent (2)
- Explain consequences and record.
- Respect decision OR raise with others if you believe there is a serious risk of harm.
What are Gillick’s competency and Fraser’s guidelines (5)
- Used for those who work with children (under 16 years old)
- ‘Meet Fraser guidelines’
- Advice and/or treatment for contraception and sexual health
- ‘Gillick competent’
- Used more broadly to assess
How are sexual boundaries breached (7)
- Power imbalance
- Sexualised behaviour. “Acts, words or behaviour designed to arouse or gratify sexual impulses or desires”
- Breaching boundaries.
- Revealing intimate personal details
- Giving or accepting social invitations with sexual intent
- Visiting a patient’s home without consent with sexual intent
- Meeting patients outside normal practice with sexual intent
How can sexual boundaries be enhanced (5)
- Chaperones. For the patient’s and professional’s benefit
- Cultural differences – personal values and beliefs, respect for views
- Previous patients. It can still be inappropriate but consider all factors.
- Raising concern. Must report suspicions of other healthcare professionals
- Importance of records of possible suspect situations
How can confidentiality be enhanced (6)
- Protecting information.
- secure storage
- not discussing with others
- social media policy
- team responsibility
- Disclosing confidential information. Decisions are complex but generally are not disclosed unless in special limited situations.
How do you disclose information with consent (8)
- Make sure the individual understands all aspects.
- Consider coding or anonymising.
- Only disclose information needed.
- Indicate it is confidential.
- Example for research purposes
- Be prepared to justify any actions taken.
- Record Details
- Need explicit consent if for a purpose a patient would not reasonably expect
How do you disclose information without consent (4)
- Be satisfied the law requires disclosure or it is in the public interest.
- Check the reason for the request if unsure.
- Ask for a written request for disclosure.
- Check with indemnity insurance provider, regulator, pharmacy support organisation or independent legal advisor if appropriate.
What are disclosures required by law (7)
- When a person or body asks for information under the law
- The police or another enforcement, prosecuting or regulatory authority
- Healthcare regulator, such as GPhC or the GMC
- NHS counter-fraud investigation officer
- Coroner or judge, or relevant court that orders that the information should be disclosed
- No automatic right to all data. You should check for a legitimate reason.
- Check with indemnity insurance provider, regulator, pharmacy support organisation or independent legal advisor if appropriate.
What is considered in disclosures made in the public interest (7)
- Balance patient and public interest.
- Disclose if you think it is in the public interest to because of, for example.
- Serious crime
- Serious harm to a patient or third party
- Serious risk to public health
- Consider the harm of not disclosing.
- Check with indemnity insurance provider, regulator, pharmacy support organisation or independent legal advisor if appropriate.
What are the principles of raising concerns (whistleblowing) (10)
- Professional responsibility to take action to protect the well-being of patients and the public
- GPhC Standards for registered pharmacies – policy in place
- Raising concerns about individual pharmacy professionals, the staff you work with (including trainees), employers and the environment you work in is a key part of this.
- Includes pharmacy colleagues and other people responsible for the care of a patient, such as carers, care home staff or key workers.
- It includes concerns about behaviours, competency, the working environment and any actions that may compromise patient safety.
- Could be reluctant to raise concerns but have a professional duty and legal obligation under the Public Interest Disclosure Act 1998
- Failure to report concern could call into question one’s fitness to practice.
- Find out the employer’s policy.
- Report without delay to the immediate supervisor, more senior manager or the appropriate regulator
- Keep a record and maintain confidentiality.
What is the duty of candour (5)
- Openness and honesty, especially when things go wrong
Healthcare professionals must:
- Tell the patient (or, where appropriate, the patient’s advocate, carer or family) when something has gone wrong.
- Apologise to the patient (or, where appropriate, the patient’s advocate, carer or family)
- Offer an appropriate remedy or support to put matters right (if possible)
- Explain fully to the patient (or, where appropriate, the patient’s advocate, carer or family) the short and long-term effects of what has happened.
How can pharmacy services be affected by religious or moral beliefs (8)
- Beliefs may prevent some pharmacists from providing services, e.g. contraception, fertility, and substance misuse.
- Ensure person-centred care is not affected – Priority.
Before employment:
- Think about the provision of service in the locality.
- If working on your own, can you direct to readily available service?
- Inform employers of
- If service is requested
- Your responsibility to inform and direct the patient
- The request should be handled sensitively and not discouraged from accessing the service.