Module 1: Legal Pharmacy and Ethics PDF

LEGAL PHARMACY AND ETHICS 3 Basic Legal Categories In Philippine Pharmacy Practice MODULE 1: INTRODUCTION TO LEGAL PHARMACY AND 1. Statutory law - laws passed by Senate and House of ETHICS Representat...

LEGAL PHARMACY AND ETHICS 3 Basic Legal Categories In Philippine Pharmacy Practice MODULE 1: INTRODUCTION TO LEGAL PHARMACY AND 1. Statutory law - laws passed by Senate and House of ETHICS Representatives and signed and approved by the President of the Philippines. 1.1. generally strictly construed by courts 1.2. recorded, or codified, in writing and published 1.3. becomes effective on a set date written into the bill 1.4. can be overturned by a later legislative enactment or if found unconstitutional by a court of competent jurisdiction 2. Regulatory law - laws promulgated by government agencies at the local & national level. Before we go deeper and in details into the 2.1. also known as administrative law different laws under the jurisdiction of pharmacy 2.2. all regulatory law run through government practice, this module will introduce the difference agencies. between jurisprudence and ethics. When face in 2.3. include everything from rulemaking to professional dilemma, these are both important in adjudication and enforcement setting standard in pharmacy practice which help in 2.4. contain detailed requirements and procedures decision-making of a pharmacist. to be followed in the implementation of the law 3. Common law - laws based on stare decisis – the doctrine of precedent. 3.1. also known as judicial law. 3.2. precedents are maintained over time through the records of the courts as well as historically documented in collections of case law known as yearbooks and reports 3.3. decisions adhere to previously decided cases, or precedents, where the facts are LESSON 1: LEGAL AND ETHICAL CONTROL OF THE substantially the same. PHARMACY PRACTICE Ethics is the branch or study dealing with what is the Jurisprudence is a catchall term for entire subject of law, proper course of action for man. It is a study of human the study of law and legal questions. acts or conduct from a moral perspective as to whether from the Latin words “iuris” which means law they are good or bad. It answers the question, "What do and “prudentia” which means wisdom, knowledge, I do?“ philosophy or science from Greek word “ethos” which means custom, is the wisdom, the knowledge, the philosophy or the habit, or character science of law also known as “moral philosophy” is the study of fundamental legal principles involves moral principles of practice It refers to the philosophy of law which is employed in involves systematizing, defending, and analyzing, explaining, and classifying law; system of laws. recommending concepts of right and wrong behavior At a more fundamental level, it is the method by which we categorize/ prioritize our values and pursue them. K.M.P.F. 1  LESSON 2: PRINCIPLES OF BIOMEDICAL ETHICS THE UNIVERSAL PRINCIPLES OF BIOMEDICAL ETHICS The objective of bioethics is to provide awareness to the health team or workers of the “do’s” and “don’t of Professional ethics medical practice It is the personal and corporate standards of behavior expected of the members of a particular profession. from Greek word autos Many professions that are trusted by the public to (self) and nomos apply expert knowledge have a Code of Ethics which sets (governance) out their expectations of a member’s behavior and the self-determination boundaries within which members have to operate. Three Elements A MEMBER OF A PROFESSION: well-informed, well- AUTONOMY a. the ability to decide intentioned and unbiased. b. the power to act on your decisions Bioethics c. a respect for the individual autonomy of others It provides a disciplinary framework for the whole array of moral questions and issues surrounding the life term that suggest acts of sciences concerning human beings, animals, and nature. mercy and charity expanded It offers ethical guidance in a particular field of human to include any action that conduct. benefits another the obligation to help Three Divisions of Bioethics imposes on healthcare practitioners the duty to concerns how to handle moral promote the health and Medical problems arising out of the care of BENEFICENCE welfare of the patients patients above other consideration, concerns the issues of non-human while attending and Animal animals and their welfare honoring the patient’s concerns human beings' ethical personal autonomy Environmental relationship with the natural environment A practitioner should act in the best interest of the patient Patient's Rights Patients can expect that clinicians will employ "First, do no harm" or “Primum their knowledge and experience in caring for non nocere” is the obligation to NON- avoid or not inflict harm on others them. MALEFICENCE whether intentionally or Patients can expect that health care providers will unintentionally respond to their wishes about their treatment. Patients generally choose their own physician, "HONESTY WITHOUT DECEPTION” pharmacy, and hospital. Patients are allowed to choose from multiple binds the health options for treatment when they exist (such as practitioner and the patient surgery versus drug therapy). in an association of truth. Patients must give their approval, through the When faced with situations VERACITY process of informed consent, prior to the in which lying seems a initiation of care. rational solution, other alternatives must be sought. Patients have a right to treatment that is both safe the harm to patient and effective within given parameters. autonomy and the potential loss of practitioner K.M.P.F. 2  credibility makes lying to Examples of Ethical Issues patients a practice that in almost all cases should be In July of 2013, an Indiana pharmacist was sentenced to avoided 25 months in prison and Walgreens was fined $1.44 million for HIPAA violations resulting from disclosures the a patient’s basic right to pharmacist made to her husband about a customer with expect the information he whom he was previously involved. The husband then gives a health care used this information to harass the plaintiff in an attempt practitioner to be held to avoid paying child support payments for a child he had CONFIDENTIALITY undisclosed fathered. an important aspect of the trust that patient’s place in health care professionals In December of 2013, it was reported that over 700 illnesses and 64 deaths in 20 states resulted from a fungal means giving each person meningitis outbreak caused by tainted steroid injections. what he or she deserves The source of the contaminated product, the New requires that procedures England Compounding Center, agreed to a preliminary JUSTICE uphold the spirit of existing settlement that would create a $100 million fund to laws and are fair to all compensate victims. players involved On March 10, 2014, the LA Timesreported that CVS Self-regulation is one of the Caremark is facing up to $29 million in fines for allegedly key elements of profession; losing track of 37,000 hydrocodone pills at four California professional code of ethics stores. They may have been sold on the black market. are important documents in the process of self- ROLE OF FIDELITY On March 30, 2014, TheIndianapolis Starreported that regulation. Under no circumstances William J. Cover, former president and current board may the practitioner place member of the Indiana State Board of Pharmacy, used his his financial interests above position to help gain approval for a controversial the welfare of his patients Walgreens pharmacy model it calls “Well Experience.” Framework For Ethical Decision Making These incidents are disturbing, because they cross the line from human error into negligence, intentional deception, and lack of ethics in business and professional practices. In a business where patients depend on the integrity of the company and its employees to safeguard their health and wellbeing, these acts are particularly heinous. LESSON 3: Code Of Ethics For Pharmacists Pharmacists are health professionals who help individuals protect themselves against diseases, maintain good health and make the best use of their medications. The pharmacists promote rational use of drugs and ensure the provision of safe, effective and quality drugs for improved patient care and quality of life. K.M.P.F. 3 PPhA CODE OF ETHICS FOR PHARMACIST 1. A pharmacist places the well being of the patient at the center of professional practice. 2. A pharmacist promotes the welfare of each individual in a caring and compassionate manner. 3. A pharmacist serves the needs of the individual, community and society. 4. A pharmacist respects the rights of patients and upholds confidentiality of patient’s record. 5. A pharmacist acts with honesty, integrity and professionalism in relationship with the patients and other health professionals. 6. A pharmacist respects the abilities, values and contribution of colleagues and other health professionals and work with them closely to ensure better patient care. 7. A pharmacist is committed to continuously enhance professional competence. 8. A pharmacist, in coordination with the government and other health professionals helps in the formulation and implementation of health care policies, standards and programs designed for the benefit of society. K.M.P.F. 4