Pharm Y2S2 - Law Exam Part 3
Oversight of the production processes for medicinal products. Regulation of how medicines are made available to patients and healthcare providers. Ensuring that imported medicines comply with the required standards.
What are statutory instruments?
Concerned with working detail, referring back to an act | Including regulations and orders 202
Key Terms
What are statutory instruments?
Concerned with working detail, referring back to an act | Including regulations and orders 202
What is the process of enactment? (6 stages)
1- green paper for discussion 2- white paper, signal of intention 3- proposals set for other parties to give input 4- bill, proposes introduction o...
What is judicial precedent?
Common law A statement of the legal position in a particular case/situation based on decisions of previous courts in similar situations
Under what circumstances does a judge make the law?
Where there is no legislation on a particular situation or the available legislation has a meaning that is unclear
Describe the features of the Medicines Act, including date published.
1968 Controls medicinal products at all stages Over 200 statutory instruments
Describe the features of the Misuse of Drugs Act, including date published.
1971 Controls medicines that are misused Regulations published 2001
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Term | Definition |
---|---|
What are statutory instruments? | Concerned with working detail, referring back to an act | Including regulations and orders 202 |
What is the process of enactment? (6 stages) | 1- green paper for discussion 2- white paper, signal of intention 3- proposals set for other parties to give input 4- bill, proposes introduction of new legislation 5- debate in both Lords and Commons 6- formal enactment, royal assent received |
What is judicial precedent? | Common law A statement of the legal position in a particular case/situation based on decisions of previous courts in similar situations |
Under what circumstances does a judge make the law? | Where there is no legislation on a particular situation or the available legislation has a meaning that is unclear |
Describe the features of the Medicines Act, including date published. | 1968 Controls medicinal products at all stages Over 200 statutory instruments |
Describe the features of the Misuse of Drugs Act, including date published. | 1971 Controls medicines that are misused Regulations published 2001 |
Describe the features of the Poisons Act, including date published. | 1972 Controls poisons Amended by deregulation act of 2015 |
Describe the features of the second Health Act, including date published. | 2006 | Supervision and management of controlled drugs |
Describe the features of the first Health Act, including date published. | 1999 Amended by health and social care act of 2008 GPhC control of pharmacists 2010 |
Describe the features of the Human Medicines Regulation, including date published. | 2012 | Divided into 17 schedules covering everything relating to human medicines |
What constitutes as medicinal purpose? | Treating/preventing disease Diagnosing disease Contraception Inducing anaesthesia Otherwise preventing/interfering with normal operation of physiological function |
What is the protocol for dental prescribing? | Medicines act permits dentists to prescribe anything in the BNF GDC recommends that they prescribe drugs in their area of competency NHS limits them to DPF |
What are the main considerations for forgery of prescriptions? | Excessive quantity Appropriateness for patient/condition Known Rx-er Known patient Title 'Dr' present in signature Patient behaviour Commonly misused medicine |
Are CD Schedule 2 and 3 drugs valid on an EPS? | Yes as of 2015 |
What is the protocol for prescribing/supply in hospitals? | Maybe supplied against kardex providing written direction to supply is patient specific and given by appropriate practitioner |
When don't POM records apply? | NHS prescriptions Oral contraceptives Separate record kept, such as CD Sale is by way of wholesale deal, invoice kept for 2 years |
What are the legal requirements for a dispensing label? | Patient name Name/address of pharmacy Dispensing date Medicine name etc Directions for use Precautions relating to use of product 'Keep out of reach and sight of children' |
What are the additional legal requirements of a CD prescription? | Clearly defined dose, not mud or prn Formulation Strength where more than one exists Total quantity in words and figures, should not exceed 30 days 'For dental treatment only' |
When should a CD be dispensed? | Including repeatable prescriptions. Within 28 days if Sch 2 or 3 Sch 4 first repeat must be within 28 days Schedule 5 first repeat within 6 months |
What is a POM? | Medicinal products which may only be sold/supplied by retail in accordance with a prescription given by an appropriate prescriber |
Give common reasons for POM classification. | Required medical supervision to prevent damage to human health Wide/frequent misuse New active substance Parenteral administration |
What are the prescribing restrictions of an optometrist? | No parenterals or CDs |
What are the prescribing restrictions of a chiropodist? | No CDs other than oral diazepam, oral dihydrocodeine, fentanyl patches, oral lorazepam |
What are the prescribing restrictions of a physiotherapist? | No CDs other than diazepam, dihydrocodeine, fentanyl, temazepam, lorazepam, morphine, oxycodone |
What is supplementary prescribing? | Voluntary prescribing partnership between an independent and supplementary prescriber to implement a care plan |
What must a written clinical care plan include? | Specific named patient Illness/conditions treated by SP Date of start and review Reference to description of medicinal products Restrictions (dose etc) Warnings Arrangements in case of suspected ADRs When to seek advice from IP |
What are the legal requirements for a prescription? | Signature Appropriate Rx-er address Date Rx-er type Patient name and address Age if under 12 |
What are the additional legal requirements for a prescription from an EEA HCP? | Date of birth Rx-er qualifications Direct contact details for Rx-er Appropriate translation |
Define supervision. | Linked to personal control, physical presence in the pharmacy |
What regulations does the Health Act 2006 set out for the responsible pharmacist? | Statutory duty to secure safe and effective running, allows ministers to produce regulations covering the ability of an RP to be absent |
What is a superintendent pharmacist? | Required where a pharmacy is carried by a corporate body, any RP remains subject to SI direction |
What is required on an RP notice? | Name of RP GPhC number State that they are in charge of the pharmacy at that time |
What records are required to be filled out daily by the RP? | Name and reg number Date/time start and end of their role as RP Continuous daily record Absence details, with reason |
Under what circumstances may an RP be absent? | For a maximum of 2 hours in 24 hours | Should remain contactable and able to return with reasonable promptness |
What cannot occur in the absence of an RP? (5 things) | Professional check of Rx Sale/supply of P medicines Sale/supply of POM, including handover of prescription items Supply under a PGD Emergency supply |
What is professional supervision? | Supervision by a suitable qualified person other than the RP |
What may occur in the absence of the RP, under professional supervision? (5 things) | Generation of dispensing label Taking medicines off shelves Assembly of items Labelling containers Accuracy check |
What can occur in the absence of the RP? (6 things) | Ordering stock from wholesaler Receiving stock (exc. CDs) Date checking (exc. CDs) Accessing PMR Receiving prescriptions Delivery person handing over medication to patient |
What may occur within a pharmacy without supervision? (2 things) | Sale of GSL medicines | Processing waste and patient returns (exc. CDs) |
Define a retail pharmacy business? | Business that consists of or includes the retail sale of medicinal products that are not subject to general sale |
Who may lawfully conduct a retail pharmacy business? | Individual pharmacist or partnership (do not all have to be pharmacists in Scotland) Body corporate (must be under SI management) Representative incase of death, illness or bankruptcy |
What are the conditions of conducting a retail pharmacy business as a representative? | Must notify GPhC of their name and address May act for 3 years in case of illness, disability or bankruptcy May act for 5 years in case of death |
What are the requirements for being an SI pharmacist? | Must be a pharmacist Statement in writing sent to registrar signed by them and the body corporate Must not act in a similar capacity for any other body corporate May act as RP Must be appointed to manage pharmaceutical aspects of business |
What are the 4 types of GPhC membership? | Member Fellow Associate Student |
What does the GPhC represent? | Best interests of the patient |
What does the RPS represent? | Interests of pharmacists |
What does the GPhC regulate? | Pharmacists Pharmacy technicians Premises |
What are the principal functions of the GPhC? | Establish and maintain register Promote standards for safety and effective practices Fitness to Practice requirements Standards relating to education, training, CPD and experience |
What is the basic structure of the GPhC? | 14 members, 7 lay members and 7 registrant members Appointed by a committee At least one member from each GB country Registrar appointed by committee, may appoint a deputy |
What are the 5 parts of the GPhC register? | Pharmacists (protected title) Pharmacy technicians (protected title) Premises Pharmacists visiting as a practitioner Pharmacy technicians visiting as a practitioner |
What are the criteria for entitlement to the register? | Appropriate qualification Fitness to practice Prescribed fee paid Intend to practice in GB, channel island or the isle of man |
What constitutes the appropriate qualification for entry to the GPhC register? | UK MPharm, pre-registration year and exam EEA equivalent Overseas qualification, OSPAP course and pre-registration year |
What personal information is held on the GPhC register? | Full name Postal town Annotations Registration number FtP issues |
What premises information is held on the GPhC register? | Trading name Owner Address Subject to conditions Internet logo Registration number |
What is required for an application to the GPhC? | Form Copy of degree Certified copies of birth certificate, marriage certificate, proof of identity Final declaration from tutor Letter of good standing Certified photograph |
What annotations may be included in a GPhC register entry? | Additional qualifications SI Supplementary/independent prescriber |
When may temporary access to the GPhC register be granted? | In the case of emergencies, loss of life or health epidemics |
What education facilities may be accredited by the GPhC? | Training/education courses Qualifications granted upon successful examination Institutions Tutors Premises |
What are the English language requirements for entry to the GPhC register? | Health Care and Associated Professions order 2015 makes it a legal requirement for all registrant to have necessary knowledge of English |
What governance arrangements are set out in GPhC principles for registered pharmacies 2012? | Safeguarding health, safety and wellbeing of patients Clear definitions of accountability and risk management Staff are empowered and competent Environment and conditions Delivery of pharmacy services Equipment and facilities |
Define traditional pharmacy service. | All parts of pharmacy service take place in the same registered premises |
Define distance pharmacy service. | Any activities being carried out at different registered pharmacies or locations Or where the member of staff and person using the same service are not both in the same registered pharmacy together |
What is the GPhC inspectorate? | Made up of 38 inspectors across GB | Proactively assess premises routinely every 5 years |
What is the role of the GPhC inspectors? | Enforce standards Securing compliance with the law Enforce article 38 regarding offences relating to the register Assist council in FtP matters |
What is the power of entry of GPhC inspectors? | Able to enter any registered premises at any reasonable hour Must provide identity and authorisation Not obliged to notify prior to visit |
What is an improvement notice served by GPhC inspectorate? | Served to SI and RP State grounds for belief of failure in complicance Specify measures to rectify failures State right of appeal |
What occurs in the case of non compliance with an improvement notice served by GPhC inspectorate? | Results in a fine Inspector must notify registrar in writing May suspend or remove the premises from the register |
What is fitness to practice? | Annual declaration of competence submitted with 4 CPD records |
What constitutes impairment of FtP? | Misconduct towards a patient/customer Deficient professional performance Adverse health Failure to comply with requirement imposed by assessor Conviction of criminal offence Fixed penalty Police caution Inclusion in barred list |
Under what circumstances may the registrar refer an FtP case to the investigating committee? | Where evidence suggests: Conduct presents risk, undermines confidence in pharmacy professionals, serious failure to meet standards Honesty/integrity can no longer be relied upon It is in public interest |
What may an FtP investigation involve? | Speaking to complainant and witnesses Speaking to pharmacist Visiting location of alleged incident Collect witness statements Formally interview employees, owners and pharmacist Seize evidence |
What is the role of the investigating committee? | Screening cases before referral to FtP committee | Do not hear oral evidence, may give warning to appear in register |
What is the role of the FtP committee? | Consider all referred cases to determine if impairment is present |
What sanctions may the FtP committee impose? | Give advice Issue a warning Impose conditions to register entry for up to 3 years Suspend for up to 12 months Remove from register |
What are the criteria for FtP suspensions? | Following review, the suspension may be extended for a further 12 months or the entry may be removed completely May suspend indefinitely where it has been in place for over 2 years On termination of suspension, conditions may be imposed for 3 years |
Under what circumstances may entries not be removed from the register regarding FtP? | Where it is impaired by ill health alone |
What occurs after referral to FtP committee? | Registrant must supply details of their employer within 14 days Employer must be notified of the referral Professional performance assessor may demand records within 14 days or seek a court order |
What is an interim order? | Imposed when the FtP committee feel that it is in the best interests of the public or the registrant May be suspension for up to 18 months or conditional re-entry Reviewed every 6 months or where new evidence is available |
What are the conditions or restoration or reapplication to the register? | Application cannot be made for 5 years after removal or within 12 months of another application Restoration may be conditional for up to 3 years FtP committee can direct that no further applications can be made |
What directions from the FtP committee may be appealed | Direction to remove entry Direction fro suspension or conditional entry Direction to alter conditions Direction to prevent further applications |
What are the possible outcomes of an appeal against an FtP direction? | Dismissal Allow appeal and quash direction Substitute for alternative direction FtP committee could have given Referral |
When does FtP committee direction take effect? | After period of appeal or appeal itself is complete | May be sooner or immediately where to committee deem necessary to protect public safety |
What is a coroner? | Independent offices of the crown Usually a doctor or solicitor Appointed by local councils Investigate deaths that are unnatural or unexpected |
What deaths are reported/investigated by a coroner? | Deceased not seen by a doctor during final illness No death certificate available Death certificate cannot be signed by a doctor within 14 days Death during surgery or before anaesthetic wears off Death from industrial disease or poisoning Sudden, unexplained Violent or due to neglect Suspicious In police custody or prison |
What is a rule 43 report? | Formal letter issued by a coroner to interested parties in order to prevent future deaths Must be responded to in writing and acted upon |
What is the Bolam/Bolitho test? | Used to assess medical negligence against what other people would do Cannot defend case on the basis of current practice that is not legal or reasonable |