Pharmacy Law Flashcards
What are primary and secondary legislation
Primary legislation is the act of parliaments
Secondary legislations are laws created by the minister or other bodies under power given to then by the acts of parliament
List the types of laws
Statute law, public law, administrative law, professional law (at work) , common law, civil law
What is statute law?
Statute law is an act of parliament, can be public or private. They are statutory instruments
What is public law?
Involves the state or government includes criminal law which is an offence against society
What is the MHRA ?
A government agency responsible for enforcing medicines legislations in the uk able to bring criminal prosecutions in case such as unlawful manufature
What is administrative law ?
Controls how public bodies and individuals including NHS and community pharmacies contractors and how they operate
What is Professional law?
professional law allows disciplining of health professionals
pharmacist and pharmacy technicians order 2007: gives GPhC power to discipline pharmacist and technicians
What is common law?
Duties and obligations between citizens and is built up of court judgment to create a body of decisions and precedents
What is civil law?
disputes between individuals or organisations regarding duties, rights and obligations e.g property, defamation etc
Accountability and responsibility
as a professional you are personally accountable for actions and omissions in your practice and must always justify your decisions
obliged to take care, liable to be blamed for failure
What is vicarious liability?
Used to explain the legal responsibility that one party may hold for the harmful actions of another, even if they’re not the party that directly caused the harm
A employer can be held vicariously liable for the consequences of the actions/omissions of an employee.
Human rights acts 1998
Requires all public bodies (like courts, police, local authorities, hospitals and publicly funded schools) and other bodies carrying out public functions to respect and protect human rights
Equality act 2010
Protects people from discrimination, harassment and victimisation because of a “Protected Characteristic”
sexual orientation, disability, gender reassignment, religion and belief, race, pregnancy and maternity, sex etc
Mental capacity act 2005
Designed to protect an empower people h who may lack the mental capacity to make their own decisions about their care and treatment. It applies to people aged 16 and over
The human medicines regulations 2012
The Human Medicines Regulations 2012 sets out a comprehensive regime for the authorisation of medicinal products for human use; for the manufacture, import, distribution, sale and supply of those products; for their labelling and advertising; and for pharmacovigilance
