PHARMACY ACT 2007: THE CODE OF CONDUCT FOR PHARMACISTS PSI/ICCPE joint educational session 1

Introduction Pharmacy Act 2007 has brought significant changes: - to way the profession is regulated - to the roles and responsibilities of pharmacists - includes the adoption of a statutory Code of Conduct for pharmacists - introduction of a ‘fitness to practise’ system for pharmacists 2

Codes of Conduct Codes of Conduct or ethics – frame the culture in which professionals practise and bring an ‘internal accountability’ They generally express/outline the values, attitudes, behaviours required by members of a profession Agreed standards relating to relationships within profession (to ensure ‘good name’/status of and confidence in profession as a whole) as well as relationships with other professions and with public 3

What is a profession? The term profession now used broadly to include any kind of work or occupation requiring special intellectual training/knowledge/skill... but “an organised profession requires more than the mere existence of an intellectual discipline.... the essence of professionalism is the relationship of trust which exists between the practitioner and the person who receives advice or service” Pharmacy Law and Ethics – Dale and Applebe 4

What is a profession? Professionalism– “autonomous application of capability in a professional environment which meets expectations of peers, patient the public and society” Capability – “all round human quality, an integration of knowledge, skills, attitudes and values used appropriately and effectively” Definition borrowed from Prof Keith Wilson, Aston University 5

Codes of conduct In modern professionalism the old system of ‘paternalism’ is replaced by a ‘partnership’ approach with patients and other healthcare professionals There is a promotion of the autonomy of patients, their rights, entitlements, expectations; protection of vulnerable patients Additional accountability for all professions/avoidance of conflicts of interest – patients must be able to trust impartiality of professional advice 6

Codes of Conduct In the past, codes have been a guide (only) to what is required/desired – ‘morally binding’ rather than strictly legally binding Move now to a statutory basis for pharmacists in Ireland – set standard for registration, continued registration/fitness to practise sets out the key principles or professional ethical standards in accordance with which pharmacists should practice their profession. is a public declaration of these principles and ethical standards 7

Pharmacy Act 2007 Code of Conduct for pharmacists Six principle statutory code Public declaration of ethical standards which govern practice of profession and which public, patients, other healthcare professionals etc require and expect Provides support and guidance to pharmacists Breaches will be considered ‘professional misconduct’ – actions judged against Code – Part 6 of Pharmacy Act 2007 – ‘fitness to practise’ consequences for breaches of code Section 33 defines ‘professional misconduct’ as including “a breach of the Code of Conduct for registered pharmacists” 8

Pharmacy Act 2007 Code of Conduct for pharmacists Every pharmacist is personally responsible under the Code of Conduct for his/her own acts or omissions Pharmacists may also be responsible under the Code for the acts or omissions of persons operating in the area of pharmacy under their direction, control or supervision Applies to all pharmacists whether they practise in community, hospital, industry, regulatory or administrative environments or in any other form of professional practice 9

Code of Conduct- background Section 7 of Pharmacy Act 2007 lays down duties of PSI, including “to draw up codes of conduct for pharmacists” Section 12 outlines procedure for submitting it to Competition Authority (CA) for opinion, obtaining consent of Minister, laying before Houses of Oireachtas and publishing Consultation process during 2008 with profession and sector Positive opinion from CA in October 2008 Approved by Minister on 14 November 2008 Code of Conduct for pharmacists laid before Houses of Oireachtas in February

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Principles of the Code Broad definition of the patient includes a person or persons who stand in such a degree of relationship to a pharmacist that the pharmacist ought to reasonably apprehend that such a person or person’s health, wellbeing and care are likely to be affected by the acts or omissions of that pharmacist 12

Principles of the Code ONE: The practice by a pharmacist of his/her profession must be directed to maintaining and improving the health, wellbeing, care and safety of the patient. This is the primary principle and the following principles must be read in light of this principle. Patient care is paramount Rational and proper use of medicines 13

Principles of the Code TWO: A pharmacist must employ his/her professional competence, skills and standing in a manner that brings health gain and value to the community and the society in which he/she lives and works. Use skills properly Participate in wider health service 14

Principles of the Code THREE: A pharmacist must never abuse the position of trust which they hold in relation to a patient and in particular, they must respect a patient’s rights including their dignity, autonomy, and entitlements to confidentiality and information Be trusted Respect rights Involve/inform patients in partnership approach 15

Principles of the Code FOUR: A pharmacist must conduct himself/herself in a manner which enhances the service which their profession as a whole provides to society and should not act in a way which might damage the good name of their profession. Behave well Work well with other healthcare professionals Disclose concerns to PSI/relevant authorities – note: may also do so via ‘whistleblowers’ legislation since 01 March

Principles of the Code FIVE: A pharmacist must maintain a level of competence sufficient to provide his/her professional services effectively and efficiently. Maintain competence Ongoing audit/review/learning Communicate effectively 17

Principles of the Code SIX: A pharmacist must be aware of his/her obligations under this Code and should not do anything in the course of practising as a pharmacist, or permit another person to do anything on his/her behalf, which constitutes a breach of this Code or impairs or compromises his/her ability to observe this Code. Comply with Code, help others comply Ensure all practices consistent with Code 18

Applying the Code Every pharmacist has an obligation to comply in full with the statutory Code of Conduct Superintendent and supervising pharmacists have important role in ensuring and supporting compliance Code provides guidance to professional practice Pharmacists should be mindful that breaches of the Code may be considered professional misconduct with possible implications on fitness to practise 19

Applying the Code Every pharmacist should regularly consult the Code and familiarise themselves with its contents Each pharmacist should reflect on how principles of Code and various guidance notes impact on their own practice and guide their professional development Code enables and empowers pharmacists in relation to professional practice Application of and adherence to the Code ensures that relationship with patients is protected and enhanced and ensures and enhances the reputation of the pharmacy profession 20

THANK YOU