professional regulation part 1 Flashcards

1
Q

what are the core functions of healthcare professional regulators?

A
  • setting and promoting standards for admission to the register
    -keeping a register of those who meet the standards
  • setting and promoting standards for remaining on the register and checking that they continue to meet those standards
    -dealing with cases where a perons right to remain on register has been questioned
    -ensuring high stds of education for those that they regulate and that they mainatin their competency
    -maintain and promote code of ethics/ std
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2
Q

what is the GPHc?

A

mandatory regulator of the pharmacy profession

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3
Q

what established the GPHC?

A

the pharmacy order 2010

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4
Q

what is the GPHC indipendent of?

A

government

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5
Q

what is the GPHCs main objective?

A

public protection

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6
Q

who does the GPHC support?

A

designed to support pharmacists and pharmacy technicians rather than being purely a means of discipline
aims to identify, address and learn from poor practice and behaviour

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7
Q

what does the GPHC not advocate?

A

The GPhC doesn’t advocate for the pharmacy profession or ‘advance’ the profession (c.f. GMC, GDC, GOC etc)

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8
Q

who does the council of the GPHC consist of?

A
  • The Council is appointed by an Independent Appointments Commission. Council members are not elected by anyone.
  • It consists of 7 registrant members and 7 lay members (1 of the lay members is the Chair)
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9
Q

who is the chair of the GPHC?

A

Gisela Abbam

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10
Q

does the GPHC regulate NI?

A

no

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11
Q

what do the council do?

A
  • Responsible for the strategic direction and policy issues of the GPhCR
  • The Council ratifies (and can amend) those decisions made by the committees of the GPhC
  • Council meeting agendas and minutes are available on the website
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12
Q

what does the GPHC investigate?

A

concerns where a registrant’s
fitness to practise is called into question. - ie professiona;, performance , conudct

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13
Q

how does the GPHC define fitness to practice?

A

as a person’s suitability to be on our register without restrictions

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14
Q

when is a pharmacy professional fitness to practice?

A
  • they have the skills, knowledge, character and health to do their job safely and effectively, and
  • act professionally and meet the principles of good practice set out in our various standards, guidance and advice
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15
Q

when may a pharmacy professional not be fit to practice?

A
  • Their behaviour may be putting patients at risk
  • They may be practising in an unsafe way
  • Their health may be affecting their ability to make safe judgements about their work and patients
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16
Q

how is impaired FTP defined?

A

Defined in the Pharmacy Order 2010 as
* Misconduct
* Deficient professional performance (includes incompetence)
* Adverse physical or mental health which impairs on ability to
practise safely and effectively
* A conviction or caution in the UK for a criminal offence (or
elsewhere if it would be a criminal offence in the UK)

17
Q

where can a persons FTP be impaired?

A
  • outside Great Britain; and
  • at any time
18
Q

when is FTP assessed?

A
  • Joining the register for the first time
  • Annual renewal of registration
  • In response to an allegation of impaired FTP
  • If the GPhC is made aware of information that calls into question a
    registrant’s FTP
19
Q

when must a person notice the GPHC if they are convicted of a criminal offence/ accepts a caution?

A

within 7 days
failure to do so may result in misconduct

20
Q

what steps do the GPHC take in managing concerns process?

A

Stage 1: Concern receivedand assessed
Stage 2: Initial enquiries and investigation
Stage 3: Investigating Committee
Stage 4: Fitness to Practise Committee

21
Q

when will the registar not refer a case to the unvesitigating committee unless?

A

the evidence suggests that:
Conduct or performance
* Actual or potential risk to patient safety
* Undermines or is likely to undermine, confidence in the pharmacy professions
* There has been a serious or persistent failure to meet any of the standards for
pharmacy professionals
* Honesty or integrity of the registrant can no longer be relied upon
Health
* Adverse physical or mental health which presents a risk to the registrant’s ability to
practise safely or effectively
And it is in the public interest to refer
* If the case is not referred the registrar may decide to take no action (the case is
dismissed) or issue informal guidance to the registrant

22
Q

what is the investigating committee?

A

screening committee
* It is required to consider all cases referred to it and decide whether the allegation ought to be considered by the Fitness to Practise Committee
* It meets in private and does not hear oral evidence
* It considers ‘written representations’ on the allegation
* The Committee may seek advice from a legal and/or clinical adviser

23
Q

after the investigating committee consider all the facts what may they decide to do?

A
  • to issue a warning to the person concerned
  • to issue advice to the person concerned or body involved
    in its investigation
  • to dismiss the case
  • in relation to a health allegation, to require the person concerned to undergo a medical examination
  • to agree undertakings with the person concerned
  • to refer the matter to the Fitness to Practise Committee
  • to initiate criminal proceedings
24
Q

where are the hearings held?

A

in public

25
Q

what format do the hearings follow?

A
  • Hearing similar format to that of a court
  • statements of case are given
  • oral and written evidence is heard
  • legal representation on each side is allowed
  • witnesses can be asked to appear before the Committee
26
Q

what may the fitness to practice committe sanction?

A
  • The extent the registrant has breached the Standards for Pharmacy
    Professionals
  • Interests of the registrant weighed against the public interest
  • Personal circumstances of the registrant and any mitigation they have offered
  • Any testimonials or character references made in support of the registrant
  • Any relevant factors that may aggravate the registrant’s conduct in the case
  • Any statement of views produced by a patient or anyone else affected
    by the conduct of the registrant
  • GPhC Guidance on Sanctions
27
Q

what are the aggravating/ mitigating factors in a case?

A
  • Aggravating factors
  • Dishonesty
  • Under the influence of drugs or alcohol
  • Lack of insight
  • Mitigating factors
  • Relevant personal matters (e.g. bereavement)
  • Repayment of any funds
  • Co-operation with the investigation
  • Open and frank admission at an early stage
  • Demonstrating insight
  • Absence of actual or potential harm to patients or the public
28
Q

what are the public interest considerations?

A
  • Protection of the public
  • Maintenance of public confidence in the profession
  • Maintenance of proper standards of behavior
29
Q

what are the possible directions the FTP committee may deicide?

A
  • agree undertakings with the person concerned
  • give a warning to the person concerned
  • give a direction that the entry in the Register of the person concerned be
    conditional upon that person complying, during a period not exceeding 3
    years, with such requirements as the Committee thinks fit
  • give a direction that the person be suspended from the Register, for a
    period not exceeding 12 months
  • give a direction that the entry in the Register of the person concerned be
    removed
  • if removal from the register, registrant can only apply for restoration after
    a period of 5 years has elapsed
30
Q

what is an interim order?

A

An Interim Order (IO) is an urgent action taken by the GPhC which can suspend a registrant from practicing or can restrict their
practice
* This would be in cases where a registrant’s behaviour, practice or health presents a risk to themselves or the public

31
Q

how long can an IO last?

A

An IO can be in place for any time up to 18 months, and is reviewed
every 6 months

32
Q

what is psa?

A

Oversees the nine health regulators’ performance on an annual basis
* Aims is to ensure greater consistency between regulatory bodies
* Reviews all disciplinary decisions made by the healthcare regulators
* Also reviews a sample of cases that do not make it to a Fitness to Practise Committee hearing