The Law, The Med Act, & Licensing Of Meds Flashcards
What are the 3 legal systems in the Uk?
- England & Wales
- Northern Ireland
- Scotland
How are the laws applying to England and Wales categorised?
- by origin
- COMMON LAW: originates from judges / imposed by judges (aka case law)
- STATUTE LAW: created by parliament in the form of legislation
Does legislation take precedence over common law?
-yes
Statute law takes precedence over common law.
What are the 2 areas of law in England and wales?
- PRIVATE LAW: applies to people in private relations as citizens or organisations e.g breach of an employment contract, negligence, fitness to practice proceedings , civil cases brought by people looking for compensation. \
- PUBLIC LAW: applies to e/o e.g criminal, constitutional, administrative law i.e health and safety regulations an employer provides for you.
- BOTH MAY INCLUDE STATUE LAW - i.e LEGISLATION.
What is statutory law?
- PRIMARY LEGISLATION = acts of parliament (come after a bill is put forward and passed in parliament).
- SECONDARY LEGISLATION= set out by Act to give the detail of implementation
Statutory instruments (SI) - Numbers are often associated with/ them.
Includes regulations, orders, rules and directions
I.e Health act 1999 allows an order of regulation of certain professions
Such as pharmacy order 2010- General pharmaceutical council (GPhC)
OR
GPhC order 2010- GPhC ( Fitness to practice and disqualification etc) rules 2010.
What are the codes of practice?
- They are not law/ legislation.
- They support legislation and help one adhere to legislation
- Set standards for how to comply with/ legislation.
- If you fail to comply or don’t reach the standards you are likely to breach legislation.
- If you are found to have breached legalisation & not followed the relevant code= highly likely to be found guilty of a criminal offence.
What are GPhC standards?
- Standards for pharmacy professionals.
- Standards for registered Pharmacies.
What is the Medicines Act 1968?
&
What is it used for?
- Was the main legislation until 2012.
- Regulated the authorisation, sale & supply of medicinal products for human use.
- Mostly replaced and condensed by the ‘Human Medicines Regulations (HMR) 2012.
Registration & conduct of pharmacies remains under the Medicines Act 1968: - Pharmacy premises must be registered (GPhC) - hospitals or health centres don’t have to be.
- Superintendant pharmacist required for corporate bodies responsible for conduct of pharmacy related professional activities
- Title ‘Pharmacy’ is protected.
THE MEDICINES ACT 1968
Why is legislation and regulation needed? PART 1
- To regulate the authorisation, sale & supply of medicinal products for human use.
- Makes sure that meds are safe.
- That they are not making misleading or false claims.
- That the product is of a good quality.
- So no harm is caused to the patient.
- Ensure patient safety.
- Claims must be backed by evidence and support.
THE MEDICINES ACT 1968
Why is legislation and regulation needed? PART 2
EXAMPLE
- Charlotte Winslow - Paediatric Nurse (1849).
- Soothing syrup widely marketed in N. America and Uk.
- 1 teaspoon contained enough morphine to kill a a child.
- Popular, selling 1.5 mil bottles annually.
- Caregivers didn’t link deaths to syrup use.
- Thousands believed to have died from overdose or withdrawal or addiction.
Are medicinal gases like oxygen classed as medicines?
-Yes
What is the definition of a medicine?
-Medicine =
- Any substance or combination of substances presented as having properties of preventing or treating disease in human beings
OR
- Any substance or combination of substances that may be used by or administered to human beings w/ a view to:
i) Restoring, correcting or modifying a physiological function by exerting a pharmacological, immunological or metabolic action.
OR
ii) Making a medical diagnosis.
What are the 17 parts of THE HUMAN MEDICINES REGULATIONS 2012?
General, administration, manufacturing - require s marketing, certificates, traditionally, authorisations boderlining exemptions perhaps dealing- packaging, advertising, British, enforcement , miscellaneous
1- General provisions 9-Borderline substances
2- Administration 10- Exemptions to requirement for marketing authorisation
3- Manufacturing & wholesale 11- Pharmacovigilance
4- Requirement for authorisation 12- Dealings w/ medicinal products
5- Marketing authorisations 13- Packaging & leaflets
6- Certification of homeopathic 14-Advertising
Medicinal products 15- British Pharmacopoeia
7-Traditional herbal registration. 16- Enforcement
8- Article 126a authorisations 17- Miscellaneous
2= Administration
-How legislation is seen and implemented
2 bodies authorised:
1) COMMISSION ON HUMAN MEDICINES= Advisory body to the govt.Advise govt on safety & efficacy of meds
Part of the administration of the human med regulations. Committee of the MHRA
2) BRITISH PHARMACOPOEIA COMMISSION (BPC)= Produces the British Pharmacopoeia
See Bp at the ed of some drugs and formulations
Sets standards and quality of meds and for the testing of meds.
15= British Pharmacopoeia (BP)
- UK standards for medial products.
- Birthish approved names (BANS) FOR MEDS
Names of drugs change in diff countries i.e paracetamol is known as acetaminophen i the US.