Sources And Types Of Law Flashcards
What are the 3 types of law ?
- criminal
- civil
- adminstrative
What happens if criminal law of broken ?
- investigated , arrested and prosecuted under judicial system
What is the Medicines Act 1968 ?
- prosecution after failing to supervise sale of pharmacy only medicines
What does civil law regulate ?
- regulates rights between citizens or citizens against the state or corporate bodies
What action does an individual take in a civil law case ?
- individual makes a claim or sues the other person in relation to wrongs or harms
What are common examples of civil cases in healthcare ?
- clinical negligence, breach of confidentiality, treating without consent
What type of insurance must practicing pharmacists have ?
- must have professional indemnity insurance
What is administrative law ?
- part of civil - supervisory role that courts exercise in relation to activities of public bodies
How are shortfalls in administrative justice addressed?
- through tribunals and inquiries
What does it mean to act unlawfully under administrative law?
- Acting in violation of stipulated laws.
How does administrative law impact pharmacists?
- it affects how professional misbehavior is handled and includes issues like breaches of NHS pharmaceutical services contracts
What is a Green Paper?
- discussion document or a precursor to firm
statements of policy ‘white papers’
What is white paper ?
- document outlining objectives and strategic directions on a policy
What can white papers lead to ?
- can lead to legislative change
What is primary legislation ?
- acts of parliament
What is secondary legislation ?
- including regulations, directions, orders, codes
How does the Misuse of Drugs Act 1971 demonstrate secondary legislation?
- it allows parliament to set out regulations about prescribing, storage, and record-keeping for medicines covered by the act
What is the Medicines Act 1968 an example of?
- primary legislation that uses delegated legislation to define medicines as POMs, Ps, or GSLs
(General sales list) under the Prescription Only Medicines Order.
What does criminal law describe ?
- describes the rules that have arisen after going through the parliamentary process
What is case law ?
- legal position taken based on cases or previous decisions made in similar situations
What is the role of the GPhC ?
- independent regulator for pharmacists, pharmacy technicians, and pharmacy premises.
What are the key legislations ?
- Medicines Act 1968
• The Human Medicines Regulations 2012
• Misuse of Drugs Act 1971
• Medicines and Medical Devices Act 2021
(following UK departure from EU)
What significant change did the Medicines and Medical Devices Act 2021 bring after Brexit ?
- gave the Secretary of State greater powers to amend the regulatory framework for human and veterinary medicines, as well as medical devices in the UK, following the UK’s departure from the EU
- established a new commissioner for patient safety