Lecture 9: Provincial Legislation Flashcards
what makes the roof of our practice framework?
what are some other pieces of practice framework (7)
SOPs and Code of Ethics
- Clinical Rxst (dispense)
- Additional Rxing Authority
- Injection Authority
- Pharmacists and Pharm Tech Profession Regulation
- Pharmacy and drug Regulation
- Health Professions Act
- Pharmacy and Drug Act
Health Professions Act (HPA)
which section pertains to us?
• Subject is pharmacists and pharmacy technicians
• Focus is on pharmacists and pharmacy technicians and their competence to practice
• Role is defined in schedule 19 of Act
• Restricted activities authorized in s16 of regulations
- Pt 1 for all HCPs
what is the primary subject of the Pharmacy and Drug Act (PDA)
Primary subject is licensees
– Secondary subjects are pharmacists, pharmacy technicians and owners
• Focus is on infrastructure, systems, and policies and procedures
• Accommodates drug scheduling through regulation
what must happen when developing practice framework?
What legal instrument is under authority of:
- Legislative Assembly
- Cabinet
- Council
Must provide appropriate balance between
enabling authority and ensuring accountability
- Act
- Regulations
- Standards and Ethics, Bylaws
Difficult to introduce new legislation and make amendments
Easier to access minister and getting approval for something
need to consult w/ gov’t and stakeholders
How many schedules and professions does the HPA include?
• Omnibus legislation – 28 schedules; about 30
professions
• Mandatory registration (s40)
• Multiple approaches to entering practice
• Continuing competence
• Defined/overlapping scopes of practice
• Restricted Activities
• Common approaches to complaints resolution
including ACR
What do Restricted Activities mean?
What are some examples for pharm? (6)
- Restricted activities are defined in s7.1 of the Government Organization Act.
- Can only be performed by a registered member of a regulated health profession unless otherwise authorized by the Lieutenant Governor in council.
- Prescribing
- Compounding
- Dispensing
- Selling Scheduled Drugs
- Administering Drugs by Injection
- Inserting fingers and devices beyond anal verge or labia majora
what parts of HPA are common to all professions?
Parts 1-4 – Governance – Registration – Competence – Complaints resolution
what parts of HPA are unique to each profession?
Unique schedules to each profession
– Scope of practice
– Restricted titles
• Schedule 19 – Pharmacists and Pharmacy Technicians
– Scope of practice must be read in conjunction with s16 of the regulation
Governance – Part 1 of HPA
what are licensing organizations?
what can they NOT be?
• Moral ownership is the public • all licensing organizations must be called a college • Governed by council- a college cannot: • Serve as a professional association • Officer or senior employee of a professional association cannot be a member of the college or statutory committees of the college
Governance – Part 1 of HPA
Bylaws
how is the council formed?
Colleges governed by council
5 elected R’xsts
• 5 geographic districts
2 elected PT’s
• 2 geographic districts
7 individuals appointed by the Minister
Officers – (Pres-elect proceeds to president)
Registration - Part 2 HPA, s3-14regs
registration is based on _______ and not _______
who must register?
competency, knowledge
SPT is not about hours but building confidence and competence
- qualified individuals who provide services directly to the public, teach the practice of a regulated profession, or who supervise the practice of a regulated profession must register
• accommodates principles of the internal agreement on trade
3 approaches to recognition?
Pharmacists and Pharmacy Technicians Profession Regulation
How many pharmacist registers are there? How many technician registers?
– Traditional
– Mutual recognition
– Substantive equivalence
4 Pharmacist registers – Student – Provisional (2 yr. max) – Clinical – Courtesy (Education, Locums): like to come to province to provide services
3 Technician registers
what are the requirements for registration?
• Undergraduate Degree in Pharmacy (BSc./PharmD.)
• Structured practical training (training and evaluation)
• Citizenship or authorized to be employed
• Fluency
• Good character
• Evaluations (max 3 attempts)
– PEBC
– Ethics and Jurisprudence
• Liability Insurance
– 2 Million personal (in your name)
**evidence respecting the applicant’s fitness to practice
General duty - A regulatory body has a duty to
carry out registration practices that are
transparent, objective, impartial and procedurally
fair.
This pertains to what?
Fair Registration Practices Act (2019)
10(2) -The Minister may give notice to a regulatory body that an audit must be conducted, in accordance with the regulations, in respect of its registration practices and its compliance with this Act and the regulations.
- In an investigation, the cost is borne by the college
Annual Practice Permit
- what infor does it indicate (3)
- when is the renewal date
• Must be available for presentation to a member of the public • Will indicate: – Expiry date – Authorizations – Restrictions/conditions
Renewal date is July 1 • Renewal applications must be received prior to June 1 – Application, – Annual fees, – Proof of liability insurance – Professional development log
Competence Program – Part 3 of HPA and s24-31 of regs
what 4 things make up competence?
how many continuing PD hours are needed?
what is the Professional development log?
knowledge + skills +judgment + attitude
• Competency review is a proactive, educationally
oriented program provided to support and
enhance the practice of pharmacists
Includes, amongst other processes:
• self-assessment
• Continuing professional development – 15 hours
• Implementation of at least 1 hour of learning
• Professional development log
– ACP provides portal to document professional development
experiences and implementation record
Complaints Resolution – Part 4 of HPA and s 33-40 of regs
what are the responsibilities of the Complaints Director and Hearings Director?
Complaints Director
• Responsible for receiving, investigating, and where possible resolving complaints where a Hearings Tribunal is not required
• Complaints review committee may review decisions of the complaints director
– 50% public Members
Hearings Director
• Responsible for the coordination of all processes subsequent to complaint being referred to Hearings Tribunal
• Hearing Tribunal includes at least 3 regulated members and 1 member appointed by the Minister
– 50% public members
what is the goal of an investigation?
what can the Complaints Director do?
Goal of investigation is to determine whether the complaint constitutes unprofessional conduct
- Facilitate resolution between complainant and pharmacist
- By themselves
- Through assistance of appointed individuals
- Request an expert review
- Recommend alternate complaint resolution (ACR)
- Determine matter is frivolous or vexatious
- Refer to a Hearings Tribunal
If Complaints Director dismisses a complaint, the complainant may request through the Hearings Director, a review by the Complaints Review Committee.
Which piece of legislation addresses sexual abuse and sexual misconduct?
what does it address? (3)
what is the punishment for sexual abuse
Bill 21 - An Act to Protect Patients
Passed in Nov 2018, came into effect April 1, 2019
– Defines sexual abuse and sexual misconduct
– Mandates penalties where health professional is found to be guilty of sexual abuse or sexual misconduct
– Establishes additional requirements of colleges with
respect to education of college leaders, establishment of a patient safety program, and a fund to support – victims
– Mandatory learning modules for pharmacists to be
completed prior to annual permit renewal in 2021
absolute: cancellation from register for sexual abuse
