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Law Semester 2 > Revalidation and Fitness to Practice > Flashcards

Revalidation and Fitness to Practice Flashcards

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1
Q

What is the revalidation framework for pharmacy professionals (2018)?

A
  • 4 CPD records, 2 planned, 2 unplanned
  • Peer discussion (NOT an appraisal)
  • Reflective account
  • records are submitted at the same time as the annual declarations - every year
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2
Q

What is the purpose of a peer discussion?

A

the GPhC want pharmacy professionals to identify someone with whom they can speak about their practice with

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3
Q

Who can be selected for a peer discussion and what is their role?

A

anyone that the pharmacy professional trusts, respects and can be open and honest with

they DON’T make any assessments or judgements, they just state that the peer discussion took place

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4
Q

How can the peer discussion take place?

A
  • in person
  • over the phone
  • other form of communication
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5
Q

What needs to be included in the peer discussion record?

A
  1. Name/Contact Details/Role of the peer on this occassion

2. Describe how the peer discussion changed your practice for the benefit of the people using the services

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6
Q

What is a reflective account?

A

a short reflective essay on your own practice

has to be based on one of the GPhC standards for pharmacy professionals

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7
Q

What needs to be included in the reflective account record?

A
  • tell briefly about your area of work
  • tell briefly who the typical users of your services are
  • tell how you meet the standards for pharmacy professionals
  • give a real example taken from your practice to illustrate how you meet the standards
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8
Q

When writing a reflective account, the pharmacy professional gets to decide which standard of the 9 that they write about - true or false?

A

FALSE - the GPhC tell the professionals which standards to choose each year

choice from the couple that they choose

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9
Q

All of your records will be reviewed to give you personalised feedback - true or false?

A

FALSE - the GPhC randomly select records for review

if selected - you will get personalised feedback
if not selected - then you get the generalised feedback

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10
Q

When do the GPhC consider a professional to be ‘fit to practice’?

A
  • when they can show they have the skills, knowledge, character and health to do their job safely
  • when they can maintain the reputation of the profession

this is where a person is SUITABLE to be on the register

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11
Q

How often to professionals have to demonstrate that they are fit to practice?

A

every year with their annual declarations and renewal

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12
Q

What would impair a professionals fitness to practice?

A
  1. Misconduct
  2. Deficient Professional Practice (a lack of clinical knowledge)
  3. Adverse Physical/Mental Health that impairs practice or ability to carry out responsibilities
  4. Failure to comply with requirements imposed by assessors in connection with carrying out a professional performance assessment
  5. Conviction for a criminal offence in the British Isles AND ELSEWHERE
  6. Fixed Penalty
  7. Police caution in the British Islands
  8. Determination by a Uk regulatory body that a person’s FtP is impaired
  9. being included in a barred list (Safeguarding Vulnerable Groups Act)
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13
Q

Where would the various complaints of a professional’s fitness to practice come from?

A
  • patients/public
  • other HCPs
  • primary care organisations/clinical commissioning groups
  • other regulatory and enforcement authorities
  • inspection visits
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14
Q

Even if a complaint goes to a larger organisation than the GPhC (trust/health boards/hospitals) there is still an obligation to raise this to the GPhC - true or false?

A

FALSE - they will have their own systems in place to deal with complaints and it is NOT an obligation to raise this to the GPhC

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15
Q

What is the threshold criteria for an investigation by the FtP?

A

where the registrar of the GPhC should NOT refer cases to the investigating committee unless there is evidence that suggests:

  • conduct presents actual or potential risk to patient/public safety
  • conduct undermines the confidence in pharmacy professionals
  • serious/persistent failure to meet any of the standards for pharmacy professionals
  • honesty/integrity can no longer be relied upon
  • adverse physical/mental health presents a risk to the ability to practice safely
  • it is in the public’s interest to refer
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16
Q

What is the procedure when a concern is raised?

A 
concern is raised
concern is then investigated 
- if meets the threshold criteria 
INVESTIGATING COMMITTEE then the 
FITNESS TO PRACTICE COMMITTEE
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17
Q

What does an investigation include when a concern is investigated?

A
  • speaking to the complainant and any witnesses
  • speaking to the professional themselves
  • visit the registered pharmacy premises
  • witness statements from patients/other members of the public
  • formally interview pharmacists/employees/owners of pharmacies
  • seize evidence
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18
Q

What are the 3 statutory committees of the GPhC?

A
  • Investigating Committee - they don’t make decision on an individual’s FtP, they just consider wether to raise it and pass it onto FtP
  • Fitness to Practice Committee
  • Appeals Committee
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19
Q

If the investigating committee decides NOT to refer onto the fitness to practice committee, what other options does the investigating committee have?

A
  • warning that is recorded in the register
  • advice to the person concerned
  • advice to other people/body involved in the investigation
20
Q

the registrar has a duty to inform the person(s) who made the allegation of the decisions and actions of the investigating committee - true or false?

A

TRUE

they deserve to know what happens once they have raised the concern and what the outcomes are

21
Q

Within what time period must the professional supply details to the FtP if there is a referral following an investigation?

A

14 days - failure to do this is an issue for Fitness to Practice in itself

22
Q

What details does the professional need to supply to the FtP if there is a referral following an investigation?

A

details of the professional’s

  • employer
  • person/organisation with which has arrangements to provide pharmacy services
23
Q

Who and what must the registrar of the GPhC register notify if there is a referral to the FtP committee?

A

THE SECRETARY OF STATE of the investigation of the professional’s FtP

  • Employer
  • Person/organisation with which has arrangements to provide pharmacy services
24
Q

What is the procedure if the FtP of a professional is found to be impaired?

A
  • they will investigate further
  • call a hearing
  • panel makes a decision on the final decision
25
Q

What are the potential outcomes if the FtP of a professional is found to be impaired?

A
  • Give advice
  • Issue a WARNING - which is recorded in the register
  • Impose CONDITIONS on their practice - which is recorded in the register and can be imposed for up to 3 years
  • SUSPENDED from practicing - for no more than 12 months
  • REMOVED from the register completely
26
Q

What is the potential implications if the FtP of a professional was found to be impaired, and they were suspended?

A

following a REVIEW they can then decide that

  • entry of the suspension may be removed from the register
  • suspension is extended for a further period of up to 12 months
  • entry may be suspended INDEFINITELY, if the suspension has been in force for at least 2 years
  • in the case of indefinite suspension - terminate the suspension
  • on expiry/termination of suspension - entry back into the register may be conditional on complying with requirements for up to 3 years
27
Q

What is the potential implications if the FtP of a professional was found to be impaired, and they were imposed conditional entry?

A

following a REVIEW (max 3 years to start) they may

  • extend the period for complying with requirements for another max of 3 years
  • requirements may be added to, removed or varied
  • entry may instead by SUSPENDED for max 12 months if the conditions haven’t been complied with
  • entry may be removed from the register
28
Q

The FtP committee can remove a professional from the register completely if their FtP was found to be impaired by adverse physical/mental health - true or false?

A

FALSE - cannot be struck off if the issue is only regarding someone’e health

29
Q

If the FtP committee gives a warning or direction to the professional, how must they contact them?

A

in writing

30
Q

What must the FtP committee do if they think a criminal investigation needs to be carried out?

A

they must notify the registrar in order to bring about criminal proceedings

31
Q

the GPhC can make decisions about when an assessment of a professional’s performance is needed - true or false?

A

TRUE

32
Q

Assessors can inspect and take copies of records relating to the professional’s practice - in what time period must the records be given to the GPhC?

A

14 days - or the GPhC can seek a court order

33
Q

the FtP committee are able to impose fines on pharmacy professionals if their FtP was found to be impaired - true or false?

A

FALSE - this is a sanction that is not available to the committee as this committee DOESN’T punish, they only serve to protect the public

34
Q

What is an Interim Order?

A

an order that is put in place by the FtP committee WHILST investigations are being carried out in order to protect the public or for the protection of the professional’s interest

35
Q

What are the different types of Interim Order that the FtP can impose?

A
  • Interim Suspension Order for Pharmacy Professional
  • Order for Interim Conditional Entry
  • Interim suspension for pharmacy premises

all of these are for a MAXIMUM of 18 months whilst the FtP are investigating and gathering evidence

36
Q

How often do the Interim Orders have to be reviewed?

A
  • within 6 months
  • further review every 6 months
  • review when further evidence becomes available
37
Q

What are the potential outcomes following a review of an Interim Order?

A
  • revoke the interim order
  • add to, remove or vary the conditions imposed by the interim order
  • replace a conditional entry for a suspension or vice versa
38
Q

When can a professional make an application to have their names restored on the register following removal?

A

5 years after their removal

NOT within 12 months of an earlier application

39
Q

Following an application for restoring names on the register following removal, what are the potential decisions the FtP can come to?

A

the applicant must first provide fitness to practice evidence - directed by the FtP committee

  • restoration may be conditional (for a max of 3 years)
  • refuse restoration
  • refuse restoration and direct that no further applications can be made
40
Q

the FtP must inform the professionals IN WRITING the decisions and their reasons for those decisions and rights of appeal following an application for restoration - true or false?

A

TRUE

41
Q

a professional can appeal any decision made by the FtP committee - true or false?

A

FALSE

they can only appeal against appealable decisions

42
Q

What are the appealable decisions?

A
  1. Direction to remove the entry of a person from one or more parts of the register
  2. Direction for suspension or for conditional entry
  3. Direction to vary conditions imposed by a direction for conditional entry
  4. Direction that a person may make no further applications under that article in respect of one or more parts of the register
43
Q

To whom do professionals have to make their appeal and within what time period?

A

within 28 days to the High Court/ relevant court

44
Q

What are the possible outcomes following an appeal by a professional?

A
  • dismiss appeal
  • allow appeal and quash directions of the FtP - return to full practice
  • substitute for direction with another direction the FtP could have given
  • Remit or refer the case to the Registrar of the Fitness to Practice Committee

costs are paid to the court

45
Q

Once the FtP have made a decision, the direction of the decision takes place immediately - true or false?

A

FALSE
if the decision is an APPEALABLE decision - then the direction will NOT take place
- until the period for brining in the appeal is expired
- where the appeal HAS been brought, until the appeal is completed

46
Q

If the FtP are satisfied that their directions need to be implemented immediately, they’re able to do so - true or false?

A

TRUE

if they think it is in the interest of the professional or in order to protect the public

Law Semester 2 (16 decks)

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