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Questions and Answers
When can a pharmacy professional disclose a person's confidential information without their consent?
When can a pharmacy professional disclose a person's confidential information without their consent?
What must a pharmacy professional ensure the person in their care understands before disclosing their information?
What must a pharmacy professional ensure the person in their care understands before disclosing their information?
What is a circumstance where the law says a pharmacy professional must disclose information they hold?
What is a circumstance where the law says a pharmacy professional must disclose information they hold?
What can a pharmacy professional consider before disclosing confidential information in the public interest?
What can a pharmacy professional consider before disclosing confidential information in the public interest?
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Who may request confidential information from a pharmacy professional under the law?
Who may request confidential information from a pharmacy professional under the law?
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When can a pharmacy professional disclose confidential information without getting the person's consent?
When can a pharmacy professional disclose confidential information without getting the person's consent?
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What is expected when one person discloses information to another?
What is expected when one person discloses information to another?
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What is one of the duties of pharmacy professionals regarding confidential information?
What is one of the duties of pharmacy professionals regarding confidential information?
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When should Pharmacy Professionals disclose confidential information?
When should Pharmacy Professionals disclose confidential information?
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What should pharmacy professionals do to protect confidential information?
What should pharmacy professionals do to protect confidential information?
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In what circumstances do pharmacy professionals have a duty to maintain confidentiality?
In what circumstances do pharmacy professionals have a duty to maintain confidentiality?
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What is a characteristic of disclosing confidential information according to the text?
What is a characteristic of disclosing confidential information according to the text?
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Study Notes
Duty of Confidentiality
- A duty of confidentiality arises when one person discloses information to another in circumstances where it is reasonable to expect that the information will be held in confidence.
- Pharmacy professionals take steps to protect the confidential information they are given either in the course of their professional practice or because they are a pharmacy professional.
Protecting Confidential Information
- Pharmacy professionals must protect the confidentiality of information they receive, access, store, send, or destroy.
- They must prevent accidental disclosure of confidential information.
- They must ensure that everyone they work with in their pharmacy setting knows about their responsibility to maintain confidentiality.
Disclosing Confidential Information
- Disclosing confidential information can be complex and pharmacy professionals do not have to disclose information immediately.
- They should take the necessary steps to satisfy themselves that any disclosure being asked for is appropriate and meets the legal requirements covering confidentiality.
- There are circumstances where it may be appropriate to disclose confidential information, including:
- When they have the consent of the person under their care.
- When they have to disclose by law.
- When it is in the public interest.
Disclosing Information with Consent
- Pharmacy professionals should get the person's consent to share their information unless that would undermine the purpose of disclosure.
- They should make sure the person in their care understands:
- What information will be disclosed.
- Why information will be disclosed.
- Who it will be disclosed to.
- The likely consequences of disclosing and of not disclosing the information.
Disclosing Information without Consent
- Pharmacy professionals should make every effort to get consent.
- Before disclosing information without the consent of the person receiving care, a pharmacy professional should:
- Be satisfied that the law says they have to disclose the information, or that disclosure can be justified as being in the public interest.
- If they are unsure about the basis for the request, ask for clarification from the person making the request.
- Ask for the request in writing.
Disclosures Required by Law
- There are circumstances when the law says a pharmacy professional must disclose information that they hold, including:
- When a person or body is using their powers under the law to ask for the information, e.g. the police, a healthcare regulator, or an NHS counter-fraud investigation officer.
- When a coroner, judge, or relevant court orders that the information should be disclosed.
Disclosures Made in the Public Interest
- A pharmacy professional may disclose confidential information when they consider it to be in the public interest to do so, e.g. if the information is required to prevent:
- A serious crime.
- Serious harm to a person receiving care or to a third party.
- Serious risk to public health.
- Pharmacy professionals must consider the possible harm that may be caused by not disclosing the information against the potential consequences of disclosing the information.
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Description
Test your knowledge on the duty of confidentiality for pharmacy professionals as outlined in the GPhC In Practice guidance. Learn about the steps pharmacy professionals must take to protect confidential information.