law Flashcards
Why is it important to know the law?
law and ethics underpins practice
a dispensing error is considered a criminal ofence- currently being reviewed
Conscience clause?
legal clauses attached to laws which permit pharmacists, physicians and/or other providoers of health care to not provide certain medical services for reasons of religion or conscience
what does decision making require an understanding of?
criminal law- a system of law concerned with the punishment of offenders
civil law- concerned with private relations between members of a community rather than criminal, military or religious affairs
NHS regulations- defines what the NHS allows you to do in terms of your practice- whether a patient can recieve a prescription for a particular medicine/ whether can we sell this product to a patient
professional standard/code of ethics- regulated by GHPhC
professional knowledge
when making a decision
- What could I do?- the options
- What should I do?- the choice-defined by your values- what is the right thing for the patient
- What do I do?- the action
- Documentation-especially when making a high staking decision so if challenged in court you have evidence/reasoning/reflection- your decision and reasoning especially where you have ‘doubt’- by working with other pharmacy professionals about certain situations…
where does law come from?
European Law
• Regulation- applies to all member countries
• Directives- applies to all but implemented locally
• Decisions- not binding
• Recommendations- not binding
British law comes from different parliaments- England, Scotland, Wales, Northern Island
With pharmacy some laws do differ with countries in Britain.
Who enforces which laws?
- Criminal- police officers, GPhC inspectors eg. medicines acts
- Administrative- nominated representatives of the body concerned eg. NHS bodies
- Professional- regulatory body GPhC
- Civil- direct action by claimant (person making a claim) who challenges what you’ve done
What are the sanctions?
- Criminal law- fines, imprisonment
- Administrative law- generally financial through loss of contract
- Professional- reprimand or removal from register- done by regulator eg. GPhC
- Civil law- ‘loss’- generally through payment of compensation
