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Flashcards in LEAP Deck (19):

What are the 4 main classes of law?

Common law
Roman law
Civil law
Criminal law


Outline the route of the creation of law

Green paper -> white paper -> bill -> act of parliament


What is precedent?

Law made through cases


What are the two fundamental principles that precedent follows?

All court cases should be treated alike
When a decision has been made in a case, similar cases should follow the same pattern


What did the pharmacy act of 1852 do?

Give the RPSGB legal powers, a statutory duty to maintain a register of pharmacists and protection for the title


What changes did the medicines act of 1968 bring about?

Poisons law separated from medicines legislation, a statutory role for the RPSGB and legislation for the conduct of corporate bodies was introduced


What did the health act of 1999 create?

The framework to reform regulation of all healthcare professions


Which act established the GPhC as the new regulator of pharmacy?

Pharmacy order 2010


What does the freedom of information act of 2000 govern?

Public access to information about public authorities in the UK


What was the aim of the freedom of information act 2000?

Increase the public’s trust in public authorities through being more open about how these authorities use their funding and the activities that they carry out


What are the main pieces of legislation that cover information governance?

Data protection act 1998
General data protection regulation (EU) 2016/679
Human rights act 1998
NHS act 2006
Health and social care act 2012
Freedom of information act 2000
Access to health records act 1990


What is a Caldicott guardian?

The person who is accountable for maintaining confidentiality and appropriate storage and use of patient information


What are the 3 requirements in order for professional negligence to occur?

1. The person owes a duty of care to anyone who can reasonably be foreseen as likely to suffer harm

2. A breach of this duty of care has occurred

3. Damage has been caused to the plaintiff


What are the 5 trespass torts?

False imprisonment
Trespass to goods
Trespass to property


What are the 5 statutory principles of the mental capacity act 2005?

1. A person must be assumed to have capacity unless it is established that they lack capacity

2. A person is not to be treated as unable to make a decision unless all practicable steps to help them to do so have been taken without success

3. A person is not to be treated as unable to make a decision merely because they make an unwise decision

4. An act done, or decision made, on behalf of a person who lacks capacity must be done or made in their best interests

5. Before the act is done, or the decision is made, regard must be had to whether the purpose of the act or the decision can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action


What are the 4 principles of the
Beauchamp and Childress model?



What are the 3 factors to consider when judging a patient’s capacity?

Can they understand and retain the information provided?
Can they weigh that evidence?
Can they reach a conclusion based on the evidence?


Outline the Gillick Competency

Applied alongside the Fraser guidelines to help balance children’s rights and wishes with our responsibility to keep children safe from harm


Outline the criteria of the Fraser guidelines

The young person understands the advice and has sufficient maturity to understand what is involved

You could not persuade the young person to inform their parents, nor allow you to inform them

The young person would be very likely to begin, or continue having, sexual intercourse with or without contraceptive treatment

Without contraceptive advice or treatment the young person’s physical or mental health would suffer

It would be in the young person’s best interests to give such advice or treatment without parental consent