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Pharmacy Jurisprudence and Ethics

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Disclaimer

“ I am speaking today in my individual capacity and not as an employee of any college or organization.

The information printed here should not be construed as an official explanation or

interpretation”

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Objectives

• To understand why technicians need to know, and understand the legislation and ethics.

• To outline what laws; Federal & Provincial and ACP Standards are important

• To show where to find the information

• To identify who needs to know jurisprudence and ethics

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Why?

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Why?

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What?

Acts

Regulations

Schedules

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Pharmacy Legislative Framework

Federal Legislation Provincial Legislation

Regulatory Bodies (ACP)

Standards of Practice&

Code of Ethics

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Federal Legislation

• Food and Drug Act– Food and Drug Regulations

• Schedule F-Part I & II

• Controlled Drugs and Substances Act (CDSA)– Narcotic Control Regulations– Schedule G Regulations– Precursor Control Regulations– Benzodiazepines and other targeted substances

regulations

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Prescription Requirements• Category

– Narcotics, Narcotic preparations, Controlled Drugs or preparations, benzodiazepines & Schedule F

• Prescription Transmission– Written or Verbal

• Refills– Permitted or Not– Is an time interval required– Part fills (Narcotics)

• Transfers• Filing• Orders

– Electronically, Written, Faxed or Verbally over the phone• Documentation

– Recording receipt or sale

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Provincial Legislation

• The Health Professions Act• Pharmacists Profession Regulation

• The Pharmacy and Drug Act• Pharmacy and Drug Regulation

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Provincial Legislation• Health Profession Act– Self regulation– Restricted activities– Transparency to the public– Mandatory registration– Continuing competence– Disciplinary process

• Pharmacists Profession Regulation

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Provincial Legislation

• The Pharmacy and Drug Act• Pharmacy and Drug Regulations

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Alberta Drug Scheduling• Schedule 1– Prescription required, includes all federally scheduled

drugs and those specific to Alberta• Schedule 2– No prescription required, no public access, information

must be recorded• Schedule 3– No prescription, self-selection, only sold in pharmacy, lock

and leave• Unscheduled– No prescription required, not restricted to pharmacies

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Triplicate Program

• A provincial program established to reduce the misuse of certain prescription drugs

• Prescriptions for these drugs can not be written on a regular prescription pad, only on a triplicate prescription

• Must be taken to a pharmacy with 72 hours

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Regulatory Bodies and Organizations (ACP)

• Standards for Pharmacist Practice• Standards for Operating Licensed Pharmacies• Code of Ethics

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Standards for Pharmacist Practice

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Standards for Operating Licensed Pharmacies

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Pharmacy Code of Ethics

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Privacy Legislation

• Consent

• Express consent

• Implied consent

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Federal Privacy Legislation

• Personal Information Protection and Electronic Documents Act (PIPEDA)

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Provincial Privacy Legislation

• Health Information Act (HIA)

• Personal Information Protection Act (PIPA)

• Freedom of Information and Protection of Privacy Act (FOIP)

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Health Information Act

• Applies to custodians and their affiliates who collect, use and disclose health information in the publicly funded health care system

• Custodian• Affiliates• Controlled Arena

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Scenarios

• Mrs. Smith wants her prescription delivered– Employee of the pharmacy– Delivery service– Taxi

• Mrs. Smith wants a printout of the prescription receipts for her family.– Husband– Teenage daughter 17 years old– 7 year old son

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Scenarios

• Dentist– Jim has a prescription that needs clarification. His

private insurance plan pays for dental work– Jim has another appointment for his wisdom teeth

to be removed and the dentist needs his current medication list.

• WCB– WCB calls and wants information on the

prescriptions a client is taking and what they are indicated for.

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Where?

• Alberta College of Pharmacists at– https://pharmacists.ab.ca

• National Association of Pharmacy Regulatory Authorities (NAPRA) at– http://napra.ca

• Government of Canada Website-Department of Justice– http://laws.justice.gc.ca

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Health Professions Act

Pharmacy technicians will be a new regulated profession under the Health Professions Act

Requires that professionals are competent and can safely perform restricted activities

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References• Alberta College of Pharmacists. (2007). Code of Ethics. Retrieved June 12, 2010 from

https://pharmacists.ab.ca/Content_Files/Files/CodeofEthics_Poster.pdf• Alberta College of Pharmacists. (2010). Prescription Regulations. Retrieved June 13,2010

from https://pharmacists.ab.ca/Content_Files/Files/prescription-regulations-2010r.pdf• Alberta College of Pharmacists. (2007). Standards of pharmacist practice. Retrieved June

12, 2010 from https://pharmacists.ab.ca/Content_Files/Files/HPA_Standards_FINAL.pdf • Alberta College of Pharmacists. (2007). Standards for operating licensed pharmacies.

Retrieved June 12, 2010 from https://pharmacists.ab.ca/Content_Files/Files/PDA_Standards_FINAL.pdf

• Alberta College of Pharmacists. (2007). Understanding Alberta's drug schedules. Retrieved June 12, 2010 from https://pharmacists.ab.ca/Downloads/documentloader.ashx?id=5900

• The Transition Times. (Spring 2010). Welcoming a new healthcare profession. Retrieved June 12, 2010 from https://pharmacists.ab.ca/Content_Files/Files/TransitionTimes.pdf