Law and Ethics Flashcards
List 6 reasons as to why a pharmacist may not be ‘fit to practice’
1) Misconduct
2) Deficient professional performance/lack competence
3) Adverse physical/mental health
4) Failure to comply with requirement imposed by assessor
5) Conviction of criminal offence or caution
6) If another health/social care regulator stated registrant not fit to practice
What is the FTP committee job? 4 REASONS - Presentation…
1) Protect the public
2) Declare and uphold proper standards of conduct
3) Maintain public confidence in the profession
4) Register disapproval of unprofessional conduct
Where do FTP issues get passed from and to if necessary?
FROM the Investigatory Committee
TO the Appeals Committee
Investigating committee can do one of 4 things with a case…
1) Take no further action
2) Give a warning
3) Give advice
4) Pass it on to the FTP committee or GPHC
The FTP committee can decide to take one of FIVE actions.
What are they?
When is FTP classed as NOT impaired?
1) Advice - FTP not impaired
2) Warning - FTP not impaired
3) Conditions imposed on practice up to 3 yrs
4) Suspension up to 1 yr
5) Remove from register
Potential applicants for pharmacist roles must have their health considered. This can be done by… (4)
1) Self-declaration
2) Health questionnaire
3) Medical/occupational health record
4) Testimonials and statements
What is professionalism?
- Extent to which member of the occupation exhibits characteristics of a profession
What are the 7 principals of GPhC Standards of ethics, conduct and performance?
1) Make patients first concern
2) Prof judgement in interest of patient & public
3) Respect for others
4) Encourage patients participate in decisions
5) Develop prof knowledge and competence
6) Honest and trustworthy
7) Responsibility for working practices
What are ethics of a profession?
- Principles written or unwritten
- Accepted by any profession as basis for proper behaviour
What do we mean by ‘moral’?
- Aspect that reflects rightfull/wrongfullness of an action
- Morals = qualities that are good/bad and conform to behavioural standards
What are ‘ethical norms’?
- Rules or behaviour to be complied with
- Used to evaluate or direct human conduct
What is ‘Deontological’ ethics?
- Duty-based ethics
- Some acts = right or wrong because of the sorts of things they are
- Have a duty to act accordingly, regardless of the good or bad consequences that may be produced.
What is ‘Consequentialist’ ethics?
- Opposite of deontological ethics
- Favouring action will achieve best possible consequence as result
- Not nature of action but outcome that is relevant
What is ‘Virtue’ ethics?
- Person rather than action based
- Looks at virtue or moral character of person carrying out an action, rather than at ethical duties and rules, or the consequences of particular actions.
Georgetown Mantra comprises…
- Beneficence
- Non-maleficence
- Respect for autonomy
- Justice
What is ‘respect for autonomy’?
- Right to make one’s own decisions
What does ‘justice’ mean in the context of healthcare?
- Distributive allocation of resource
- Denial of treatment?
List the stages in the 4 step approach to good decision making… (FORUM!)
1) Gather relevant facts
2) Prioritise and ascribe values
3) Generate options
4) Choose an option
What is ‘capacity’?
- Ability of person to make decisions that may have consequences for themselves/others affected by decision
Give an example of patients where capacity may be questioned…
- Learning difficulties
- Dementia
- Age
Which act provides framework to empower and protect vulnerable people?
- Mental Capacity Act 2005
How do we assess capacity?
1) Can they understand the info?
2) Can they retain the info as long as needed?
3) Can they use or weigh info as part of process of making decision?
4) Can they communicate decision?
What is ‘consent’?
- Express willingness to give permission/agree
What are the 3 components to obtaining ethically valid consent?
- Must be voluntary
- Must be given by competent individual
- Must be given in light of sufficient info and understanding to enable decision to be made
What are the 2 different types of consent?
- Implied
- Explicit
What happens if a child is deemed ‘not legally competent’?
- Consent cannot be given by them
- Consent from a parent/guardian must be obtained
Are under 16’s automatically legally competent?
No
Under 16’s can be considered legally competent if they meet the ____ criteria
Gillick
The DoH issued a document regarding confidentiality called the…
‘NHS Code of Practice 2003’
When can confidential information be disclosed?
- When you have the patient’s consent
- When the law says you must
- When it is in the public interest
What ACT protects confidential information?
Data Protection Act
If somebody lied to the police about being in possession of cocaine – a Class A substance, then what act is this a violation of?
This is a direct violation of The Misuse of Drugs Act 1971:
this states “it shall not be lawful for a person to have a controlled drug in his possession except as allowed in Misuse of Drugs Regulations or under licence.”
A Phamacist that is even handling a CD Sch1 Controlled drug needs a license to do so too!
The GPhC Pharmacy Order 201 states that a Pharmacist who receives a police caution must disclose this caution to the GPhC within _ days.
7
Pharmacists have a ‘Professional Duty of Candour’ What does this mean?
- Pharmacists must have an ‘honest and open culture’
Which regulation restricts the sale/supply/admin of POMs?
‘Human Medicines Regulation 2012’
A pharmacist may be considered as ‘negligent’ if they act in a way that other pharmacists wouldn’t act in the same situation. What test is this referring to?
The Bolam Test
Which MDA document contains details about storage of CDs?
MDA safe custody regulations 1973
An invoice for Sch 3 controlled drugs and Sch 5 (CD Inv) from a wholesaler must be retained for how many years?
2 years
Details of any Sch1 CD or Sch2 CD received or supplied by your pharmacy must be recorded WHERE?
In the CD register
In what time period must CD entries be made after supply or delivery?
On day of transaction or next day if unable to do on day
CD registers must be kept for how long after last entry?
2 years
Sch2 patient returned controlled drugs must be recorded in…
Patient returns record (MDA destruction of CDs)
Which act concerns theft?
The Theft Act 1968
Which Order concerns Impaired fitness to practice?
Pharmacy Order 2010
Which contract would be breached by working in an intoxicated state?
Employment contract
The following statement is taken from WHICH act?
‘No person shall, to the prejudice of the purchaser, sell any medicinal product which is not of the nature or quality demanded by the purchaser.’
The Medicines Act 1968
Which order is concerned with appropriate record keeping?
Pharmacy Order 2010
Which Act concerns Fraud?
Fraud Act 2006
