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

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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. Pharmacy Act 2007Code 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”

9. Pharmacy Act 2007Code 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

10. 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 2009

11. Principles of the Code

12. 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

13. 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

14. 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

15. 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

16. 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 2009

17. 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

18. 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

19. 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

20. 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

21. THANK YOU