Lecture 7: Pharm Law3 Flashcards
There are many acts, codes and regulations relating to pharmacy practice. Give some examples
Advertising standard authority inc code for therapeutic advertising 1999
Consumer guarantees act 1993
Hazardous substances and new organisms act 1996
Health and safety in employment act 1992
Health and disability commissioner act 1994
Health information privacy code 1994
Health practitioners competence assurance act 2003
Health (needles and syringes) regulations 1998
He korowai oranga: ma- on health strategy 2002
Medicines act 1981
Pharmacy council of NZ code of ethics 2011
Privacy act 1993
What are some important competence standards for the pharmacy profession?
Element 1.2: comply with legal requirements and code of ethics which includes:
- 2.1: understand and be ago to explain the application of the legislations and codes relating to pharmacy practice
- 2.2: complies with those parts of the legislation that apply to his/her pharmacy practice
- 2.3: complies with code of ethics for pharmacy practice
What are the two fundamental acts in NZ health legislation?
- Heath and disability commissioner act 1994
2. Health practitioners competence assurance act 2004
What is right 4 of the code of health and disability services consumers’ rights regulation 1996?
The right to services of an appropriate standard.
Every consumer has the right to have services provided:
1) with reasonable care and skill
2) that comply with legal, professional, ethical and other relevant standards
3) in a manner consistent with his or her needs
4) in a manner that minimises the potential harm to, and optimises the quality of life of, that consumer
5) with co-operation among providers to ensure quality and continuity of services.
What is the history of the health practitioners competency assurance act 2004?
It came into effect on 18/09/2004 and replaced the pharmacy act of 1970
What is the purpose of the HPCA
Principle purpose: to protect the health and safety of members of the public providing mechanisms to ensure that health practitioners are competent and fit to practice in their profession
What is part I of the HPCA?
Part I is concerned with preliminary matters like definitions of terms used in the act, also contains provisions:
(a) health practitioners need to be qualified and registered in the profession they are practicing.
(b) health practitioners need a current practicing certificate to be able to practice
(c) health practitioners need to practice within their scope of practice
(d) authorises the making of orders in council which restricts the provisions of the whole or part of a certain health service to only health practitioners who are permitted to perform those activities by their scopes of practice
What does HPCA part 2 outline..
Part 2 sets out the conditions that a health professional must meet in order to practice as a health practitioner under this act
a) requires every practitioner to be registered for a scope of practice
b) applicants for registration must have the qualifications, be competent to practice, and be fit for registration. (Including ability to communicate)
c) stop a practitioner without a current practicing certificate from practicing.
d) stop the authority from approving applications for practicing certificates unless the authority is satisfied about the practitioners competence to practice within their scope
What does HPCA part 3 cover?
Part 3 provides mechanisms for improving the competence of health practitioners and for protecting the public from practitioners who practice below the required standard of competence or who are unable to perform the required functions.
a) allow practitioners to notify the responsible authority if they have reason to believe another practitioner may pose risk of harm to public by practicing below standard
b) enable authority to order the interim suspension of a practitioners practicing certificate if they pose risk of serious harm to the public by practicing below standard
c) enable the authority to order the suspension of the practitioner if they are satisfied that the practitioner is unable to perform the functions required for their profession due to some mental or physical condition or if the practitioner has not complied with a requirement for a medical examination
d) enable the minister to confer protection on quality assurance activities conducted to improve the practices or competence of health practitioners and so protect the confidentiality of info that becomes known solely as a result of those activities and give those engaged in those activities immunity from civil liability
What are some mechanisms for improving the competence of health practitioners?
Competence reviews, competence programmes, recertification programmes, medical examinations, and protected quality assurance activities
What does HPCA part 4 state?
Allows each authority of professional conduct committees to investigate any complaints referred to the authority by the health and disability commissioner
Professional conduct committees are also required to investigate the circumstances of certain offences committed by health practitioners
Part 4 also establishes a single tribunal: the health practitioners disciplinary tribunal which hears and determines charges brought against practitioners by the director of proceedings or by a professional conduct committee
What is HPCA part 5 cover?
Part 5 provides for appeals to a district cur against the decisions of an authority and for appeals to the high court against decisions of the health practitioners disciplinary tribunal
What does HPCA part 6 cover?
Part 6 continues certain registration authorities as authorities under the act,
it also establishes the midwifery council, the osteopathic council and the pharmacy council.
It also contains the following provisions
a) enables additional health professions to be designated beer the act and authorities to be appointed for such additional professions
b) set out functions if authorities including
i: prescribing qualifications required for scopes of practice
ii: authorising registration of health practitioners
iii: reviewing and maintaining the competence of health practitioners
iv: setting standards of clinical competence, cultural competence and ethical conduct
v: setting programmes to ensure the ongoing competence of health practitioners
c) provide for membership of authorities
d) confer certain powers van the minister in relation to authorities
e) require authorities to maintain public registers of health practitioners
What is information protected by?
The health information privacy code 1994
What information is protected?
Information about an identifiable individual:
a) Info about the health of that individual
b) info about any disabilities that individual has, or has had;
c) info abut any health services or disability services that are being provided.
d) info provided by that individual in connection with the donation by that individual of any body part or any bodily substance of that individual or derived from the testing or examination of any body part, or any bodily substances of that individual or
e) info about that individual which is collected before, or in the course of, and incidental to, the provision of any health service or disability service to that individual
