Professional Regulations 1 Flashcards

1
Q

core functions of hc professional regulators

A
  1. Setting & promoting stds for admission to the register (accreditation of degrees)
  2. Keeping register of those who meet standards
  3. Setting & promoting stds for remaining on register & checking that they continue to meet stds
  4. Dealing with cases where right to remain on the register questioned
  5. Ensuring high standards of education for those that they regulate
  6. Maintain & promote code of ethics/standards
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2
Q

Who is the mandatory regulator of the pharmacy profession?

A

GPhC

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3
Q

Who established the GPhC?

A

Pharmacy Order 2010

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4
Q

government and GPhC

A

GPhC is independent of goverenment

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5
Q

What is revalidation?

A

each year registrants (pharmacist and PT) ‘licence to practice’ must be reviewed

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6
Q

main objective of GPhC

A

public protection

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7
Q

GPhC council

A
  • appointed by an Independent Appointments
    Commission
  • consists of 7 registrant members and 7 lay members
  • 1 of the lay members is the Chair
  • regulates the pharmacy profession across Great Britain
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8
Q

where can concerns come from that GPhC look into

A
  • the public
  • pharmacy professional
  • other hc professional
  • organisations
  • police
  • GPhC inspector
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9
Q

define FTP

A

‘a person’s suitability to be on our register without restrictions’

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10
Q

when does pharmacy professional have FTP

A
  • have the skills, knowledge, character and health to do their job safely & effectively
    AND
  • act professionally and meet the principles of good practice set out in our various standards, guidance and advice
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11
Q

when would a pharmacy professional NOT be fit to practice

A
  • behaviour may be putting patients at risk
  • may be practising in an unsafe way
  • health may be affecting their ability to make safe judgements about their work and patients
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12
Q

definition of ‘impaired’ FTP

A
  • misconduct
  • lack of professional performance
  • adverse physical/mental health which impairs ability to practise safely & effectively
  • conviction/caution for a criminal offence
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13
Q

When is FTP assessed?

A
  • Joining register for first time
  • Annual renewal of registration
  • In response to allegation of impaired FTP
  • If GPhC is made aware of info that calls into question a their FTP
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14
Q

under the FTP rules a registrant must notify the GPhC if…

A

must notify GPhC in writing within 7 days if:

  • convicted of a criminal offence
  • accepts a caution
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15
Q

what could failure to disclose mean

A

may be considered misconduct

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16
Q

concerns process of GPhC

A

STAGE 1: concern received and asssessed

STAGE 2: initial enquiries & investigation

STAGE 3: investigating committee

STAGE 4: FTP committee

17
Q

When would complaint be referred onto the investigating committee?

A

CONDUCT/PERFORMANCE
- risk to patient safety
- undermines confidence in the pharmacy profession
- failure to meet any of the stds
- honesty/integritycan’t be relied upton

HEALTH
- adverse physical/mental health, risk to ability to practice safely/effectively

AND in public interest to refer

18
Q

What does the Investigating Committee do?

A
  • screening committee
  • consider all cases referred and decides whether allegation shoudl be considered by FTP committee
  • meets in private, doesn’t hear oral evidence
  • considers ‘written representatives’
  • can seek legal/clinical adviser
  • all documents/discussions remain confidential
19
Q

outcomes from Investigating committee

A
  1. issue warning
  2. issue advice
  3. dismiss case
  4. if health allegation, require person to undergo medical examination
  5. agrere undertakings with person concerned (can practice, with restrictions)
  6. refer to FTP committee
  7. initiate criminal proceedings
20
Q

What is the FTP committee?

A
  • hearings held in public (ecxept health allegation cases or interim order hearing)
  • similar to court
  • statements of case given, oral and written evidence
  • legal representation on each side allowed
  • can be witnesses
  • vote on outcome
  • also cases of people removed from register and want to be restored to the register
21
Q

outcomes from FTP committee

A
  1. agrere undertakings with person concerned
  2. warning to person
  3. entry to register conditional if person complies to requirements, max duration 3 years
  4. suspended from register for period not exceeding 12mths
  5. entry to register is removed
22
Q

things for FTP committee to consider when deciding on the sanction

A
  • extent registrant has breached stds for pharmacy professionals
  • interests of the registrant weighed against public interest
  • personal circumstances of registrant
  • testimonials of character references
  • factors that may aggravate registrant’s conduct in the case
  • statements from patients/others affected by conduct of registrant
  • GPhC guidance on sanctions
23
Q

aggravating factors that FTP committee need to consider (make case worse)

A
  • dishonesty
  • under influence of drugs/alcohol
  • lack of insight
24
Q

mitigating factors that FTP committee need to consider (caused pharmacist to behave that way)

A
  • personal matters (bereavement)
  • repayment of any funds
  • co-operation with investigation
  • open admission at an early stage
  • demonstrating insight
  • absence of actual/potential harm to patients/public
25
Q

public interest considerations FTP committee need to consider

A
  • protection of the public
  • maintenance of public confidence in the profession
  • maintenance of proper stds of behaviour
26
Q

is public interest or registrant consequences more important for FTP committee

A

public interest

27
Q

What is an interim order (IO)?

A
  • an urgent action taken by the GPhC which can suspend a registrant from practicing or can restrict their practice
  • if registrant’s behaviour/practice/health is a risk to themselves or the public
28
Q

When can GPhC apply for IO?

A

at any stage of the FTP process

29
Q

Who hears hearings for IOs?

A

Fitness to Practice Committee

30
Q

What happens if IO in place?

A

FTP process will continue if an IO is in place

31
Q

time IO in place

A
  • can be in place for any time up to 18 months
  • reviewed every 6 months
32
Q

What is the Professional Standards Authority (PSA)?

A
  • oversees GPhC
  • ensures consistency between regulatory bodies
  • reviewes disclinipary decisions made by hc regulators
  • reviews sample of cases that don’t make it to FPT committee hearing
  • purpose to ensure public interest & safety
  • power to intervene and can refer regulator to high court if lenient
  • council made up of lay members