Standards, Confidentiality & Consent Flashcards

1
Q

GPhC = General Pharmaceutical Council

A
  • Pharmacy profession is regulated by the GPhC
  • Register & publicly list pharmacy professionals (pharmacists & pharmacy techs) & pharmacies
  • Codes of practice ‘standards’ Are not legislation but support pharmacy professional to comply with/ legislation.(support legislation)
  • Don’t reach the standards - likely to breach legislation
  • Found to have breached legislation & not followed the relevant code- highly likely to be found guilty of a criminal offence.
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2
Q

GPhC standards

A
  • Standards for registered Pharmacies
  • Standards for pharmacy professionals
  • They call their codes standards
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3
Q

Standards for registered pharmacies (GPhC 2018)
5 PRINCIPLES

A

1- GOVERNACE
2- EMPOWERED & COMPETENT STAFF(Making sure that your staff feel freedom to be able to act to make their own decisions & that they are competent to do what they are trained to do in what you need them to do).
3- ENVIRONMENT & PREMISES (in which you conduct your services)
4- DELIVERY OF PHARMACY SERVICES
5- EQUIPMENT & FACILITIES (that are used to deliver those services)
W/O these we loose the respect of our patients and people loose trust in us.

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4
Q

1= GOVERNANCE

A
  • Procedures & measures put in place to safeguard the health, safety & wellbeing of patients & public.
  • Standards 1.7 = Information is managed to protect the privacy, dignity & confidentiality of patients & the public (the procedures are regularly reviewed).
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5
Q

3= PREMISES

A
  • standard 3.2 - Protect the privacy, dignity & confidentiality of patients & the public.
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6
Q

5= EQUIPMENT & FACILITIES

A
  • standard 5.3 - Used in a way that protects the privacy & dignity of patients and the public.
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7
Q

PRIVACY

A
  • Concerns people
  • e.g a private room when being examined
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8
Q

CONFIDENTIALITY

A
  • Concerns information
  • e.g who has access to persona; health info.
  • Data about a person and who has access to that data.
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9
Q

DIGNITY

A
  • Concerns the right of a person to be treated w/ respect.
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10
Q

Pharmacy professionals must
(APPLIES TO REGISTERED PHARMACISTS, STUDENTS, TEAMS, PHARM TECHS ETC). PWCMUBRSD

A

1) Provide person-centred care
2) Work in partnership with/ others
3) Communicate effectively
4) Maintain, develop & use their professional knowledge & skills
5) Use their professional judgement
6) Behave in a professional manner
7) Respect & maintain a person’s confidentiality & privacy
8) Speak up when they have concerns or when things go wrong
9) Demonstrate leadership

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11
Q

STANDARD 7= RESPECT & MAINTAIN A PERSON’S CONFIDENTIALITY & PRIVACY

A
  • Manage information responsibility & securely
  • Maintaining a person’s privacy & respecting confidentiality helps to maintain a person’s dignity & builds trust
  • Look at the environment around you = can you be overheard or seen by people not involved in a person’s care. Where are you positioned in the environment around you.
  • Never disclose confidential info w/o consent unless required by law or exceptional circumstances
  • Only use info for the purpose it was given or in accordance with the law
  • After a person’s death, confidentiality principles still apply
  • links to standard 6 = Professional behaviour = Treat people w/ respect & safeguard their dignity.
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12
Q

Pseuodonymised data

A
  • Using a false name or pseudonym to protect data.
  • This is not full protection as it can be linked to the person.
  • Pseudonyms =e.g a hospital number, NHS number, student ID number.
  • Used to protect data= personal data as the individual can still be identified ( re- identified when combined w/ other info)
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13
Q

Anonymised

A
  • Cannot identify or re-identify an individual when combined with/ other information.
  • Truly anonymised information is NOT personal data.
  • V/ rare exceptions = looking at rare disease in a a particular place/ area, where there are only 1 or 2 patients in that area , then you can’t anonymise the data as the people involved are identifiable.
  • Truly anonymous data = you can’t link info back to the individual
  • Truly anonymous data = is not confidential
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14
Q

What is confidential information?

A
  • All information that you gain about a person during the course of your practice is confidential (everyone, whatever their age & continues to apply after a person’s death - as it falls under common law duty of confidentiality which continues after a persons death).
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15
Q

Common law duty of confidentiality

A
  • When a patient /service user shares info in confidence it must not be disclosed w/o some form of legal authority or justification.
  • In practice, this means info cannot be disclosed w/o that person’s consent.
  • W/o confidentiality, the trust & effectiveness of services is lost.
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16
Q

STANDARD 1= PROVIDE PERSON-CENTRED CARE

A
  • Obtain consent to provide care & pharmacy services.
  • Involving the person, listening to them & informing them shows respect & helps to maintain a person’s dignity.
  • Links to standard 6 = Treat people w/ respect & safeguard their dignity. & Standard 1 = Respect & safeguard the person’s dignity.
  • Consent is a person’s basic right = Human Rights Act 1998 (HRA) -statute law.
    You have a professional & legal duty to obtain consent for:
  • Professional services
  • Treatment or care
  • Using ‘processing’ a person’s info:
    UK General Data Protection Regulation (UK GDPR) & Data Protection Act 2018
    Sharing a person’s info w/ a 3rd party (unless there is legal basis for doing so)
    Consent must be explicit ( Can not be implied)
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17
Q

What are the 2 types of consent?

A
  • Explicit ‘expression’ consent = clear consent
  • Implied consent
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18
Q

Explicit ‘Express’ Consent = Clear consent

A
  • May be spoken or written
  • When a person gives you explicit permission to do something
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19
Q

Implied Consent

A
  • When consent is indicated indirectly (e.g by a persons actions).
  • Where the circumstances would lead a reasonable person to believe that a the person was consenting (e.g a person bringing a prescription into a pharmacy to be dispensed).
  • If you are not sure that you have implied consent, then you should get explicit consent - ask them directly.
20
Q

CONSENT

A
  • To consent is to ‘give permission’
  • Consent is only valid if the person understands what they are consenting to.
21
Q

What is needed to have Valid Consent?

A
  • Have capacity
  • Be acting voluntarily
  • Informed decision
  • Opportunity to ask questions
  • Ongoing process
  • When appropriate, explicit consent & what it is given for should be recorded ( professional judgement)
22
Q

Have capacity

A
  • Must be able to understand & use the info provided to make a decision
23
Q

Be acting voluntarily

A
  • Not under undue pressure
24
Q

Informed decision

A
  • Have sufficient information ( risks, benefits, alternatives, consequences of not consenting) .
25
Q

Opportunity to ask questions & Ongoing to ask questions

A
  • Obtaining consent every time they have to make a decision.
  • Consent needed on each occasion.
  • People may change their mind & can withdraw consent at any time.
26
Q

Situations where you obtain recorded consent

A
  • Invasive procedures
  • Vaccinations
  • DNR (Do Not Resuscitate)
27
Q

Capacity to consent

A

-Defined in Mental Capacity Act 2005 (England & Wales)
- “A person lacks capacity if at the time the decision needs to be made, they are unable to make or communicate the decision, because of an impairment or disturbance that affects the way their mind or brain works”.

28
Q

Capacity to consent ——>Assessing capacity

A

At the time (every time) a decision needs to be made….
- Understand the info
- Remember the info (in the short term
- Use & weight upon the info
- Communicate their decision (by any means) (i.e writing or verbally)

29
Q

Capacity to consent ——> Changing capacity

A
  • Capacity may change & can be affected by other factors (e.g fatigue, alcohol, drugs,panic).
  • Assessments & outcomes must be recorded.
30
Q

Capacity to consent ——> Adults w/ capacity

A
  • Can refuse to consent
  • Consequences of refusal must be explained ( non-judgementally, w/o undue pressure) . In cases where you think that it’s in the patients best interests that they undergo some of the things.
  • Detailed records kept = Documents that you have warned the patient and that they are fully aware.
  • ALWAYS DOCUMENT
31
Q

Capacity to consent ——> Adults W/O Capacity

A
  • S/ adults may not have capacity
  • Work w/ people close to this person i.e family members or carers.
  • Mental Capacity Act 2005 & associated codes of practice set out who can make decisions on a person’s behalf.
32
Q

Capacity to consent ——> Young people (16-17 years)

A
  • Capacity depends on ability to understand.
  • Young people presumed to have capacity (unless evidence otherwise).
  • As w/ anyone, still need to assess capacity.
  • Encourage them to involve parents(In decisions about their healthcare) , but respect confidentiality.
33
Q

Capacity to consent ——> Children (under 16 years old)

A
  • Capacity depends on ability to understand.
  • Children are NOT presumed to have capacity.
  • Children w/o capacity consent required from person w/ parental responsibility.
  • In most cases you can ask for a child’s assent = Their agreement to continue w/ overarching consent given by parents.
  • S/ 16 year olds in s/ sensitive situations can have the capacity to make decisions on their own.
34
Q

Capacity to consent ——> Advance decisions

A
  • People w/ capacity, who understand the implications of their choices can say in advance how they want to be treated if they later loose capacity. (I.e DNR- Do Not Resuscitate).
  • They can change their decisions along the way.
  • This may be superseded ( changed ,over rided, replaced).
35
Q

Capacity to consent ——> Emergencies

A
  • When a patient can not give consent (i.e unconscious) or they don’t have advanced decision in place.
  • Urgent treatment where capacity cannot be assessed & consent not obtained.
  • Act in the person’s / patients best interests.
  • Provide treatment if needed to save life or prevent deterioration (unless an advance decision is known).
36
Q

UK General Data Protection Regulation (UK GDPR) & Data Protection Act 2018

A
  • ONLY APPLIES TO THE LIVING
  • Data Protection Act = statute law
  • Legal framework for data protection
  • E/O is responsible for protecting personal data
  • Regulated and enforced by the Information Commissioner’s Office (ICO)
  • You need consent to share a person’s personal data
  • GDPR & Data Protection Act no longer applies to identifiable data that relate to a person once they have died
  • Any duty of confidence established before death extends beyond death = If applied when they are living it extends beyond their death.
37
Q

3 Types of data identified by UK GDPR & Data Protection Act 2018

A
  • PERSONAL = Anything relating to a living person who can be identified by that data.
  • SPECIAL CATEGORY = Potentially‘sensitive’ e.g Political opinions, religious beliefs , genetic info.
  • CONFIDENTIAL = All info collected for provision of health & social care services where people can be identified.
38
Q

UK GDPR & Data Protection Act 2018——> PERSONAL DATA - 7 KEY PRINCIPLES

A

1) Processes fairly & lawfully & transparently.
2) Purpose limitation= Collected for specific purposes (Don’t collect data you don’t need).
3) Data minimisation = Adequate , relevant & limited to that necessary (Don’t keep data you don’t need for longer than you need it).
4) Accuracy = Accurate & up to date, erased if inaccurate. ( Errors in data need to be corrected under the data protection act).
5) Storage = Kept in a form which permits identification for no longer than is necessary (secure data storage- can you maintain the data’s integrity or will it be corrupted when it is moved from one system to another).
6) Security, integrity & confidentiality = Processed on a need-to-know basis.
7) Accountability = A data controller must be appointed & responsible and able to demonstrate compliance w/ the data protection act.

39
Q

NHS TRUSTS REQUIRE

A
  • A Data Protection Officer (DPO) who monitors compliance with/ Data Protection law.
  • They work closely with the Caldicott Guardian to ensure that we are adhering closely to the law.
40
Q

CALDICOTT

A
  • Government review of confidentiality issues around the transfer of patient identifiable info (Dame Fiona Caldicott, 1997).
  • She reviewed issues of confidentiality because there were confidentiality issues w/i the NHS.
41
Q

Every NHS organisation require a Caldicott Guardian?

A
  • Responsible for safeguarding the confidentiality of patient info
  • Info needs to be shared across NHS organisations (health & social care) to ensure the best care for a person.
  • Withholding info can s/t be as harmful as sharing it.
  • Advise on safe communication among teams & between organisations (health & social care).
42
Q

8 Caldicott Principles for the NHS ( 1-5)

A
  • To advise people w/I organisations about sharing & safe use of data
    1) Justify purpose of sharing confidential info= Only share if there is a valid reason.
    2) Use confidential info only when needed= s/ info does not require individuals to be identified.
    3) Use the minimum necessary confidential info= Not collecting more than you need.
    4) Access to confidential info should be on a strict need-to-know basis.= Only access info on individuals when you are/need to share w/ s/o directly involved in their care.
    5) Everyone w/ access to confidential info should be aware of their responsibilities = All need to be aware of GDPR regulations & the Data Protection Act. Authorised to access as part of your role.
    Never share log-in deals (or use anyone else’s)
43
Q

8 Caldicott Principles for the NHS ( 6-8)

A

6) Comply w/ the law (statue & common) = Be aware of you legal obligations under the UK GDPR, the DPA & the common law duty of confidentiality.
7) Duty to share is as important as the duty to protect patient confidentiality = Share info in the best interests of your patients & service users (w/ other entities & organisations & social care organisations in the interest of the patient).
8) Inform patient as and service users about how their confidential info is use = Each time you access, use or share info, consider whether the individual concerned would be surprised that you are doing so. If you think they are surprised or concerned, you should seek advice.

44
Q

The Confidential Model PIPI

A
  • 4 Main requirements
  • Adapted from the NHS requirements that must be met to provide a confidential service
    1) PROTECT = Look after patient info.
    2) INFORM = Ensure patients are aware of how their info is being used.
    3) PROVIDE CHOICE = Allow patients to decide whether their info can disclosed or used in particular ways.
    4) IMPROVE = Always look for better ways to protect inform & provide choice.
45
Q

When is Disclosure of confidential Information allowed?

A
  • W/ the patient’s explicit consent.
  • Valid legal reason / when the law requires (e.g s/o has breached statute law, committed a serious crime, The children’s Act 1989 requires info to be shared in safeguarding cases).
  • Vital interest for urgent medical care i.e To save a life.
    In public interest ‘for the greater good’:
  • Consider patient interest VS Public interest.
  • Serious harm to a 3rd party.
  • Serious risk to public health.
  • You should ALWAYS be seeking to disclose info & inform patients if you are going to disclose info.
46
Q

Patients w/ capacity who refuse consent

A
  • Only disclose if the law says you must, or it is in the public interest to do so (explain to patient why disclosure is necessary).
  • If consent is refused to share info w/ other healthcare professionals, then explain that this may limit care.