Lecture 5: Intro To Pharmacy Law Flashcards

Question

What are regulations?

Answer 1

Delegated legislations - regulations are power delegated by statute to some other body to make law- central to the way government functions - regulations often contain a lot of detail better left to bodies other than parliament

Answer 2

Code of Health and Disability Services Consumer's rights. This is a regulation made under the Health and Disability Commissioner's Act It's official name is "Health and Disability Commissioner (Code of Health and Disability Services Consumers' Rights) Regulations 1996"

Answer 3

1 July 1996, It grants a number of rights to all consumers of health and disability services in NZ and places corresponding obligation on providers of those services,

Answer 4

Clause 2 provides 10 rights of the patient The right to be treated with respect Right from to freedom from discrimination, coercion, harassment and exploitation The right to dignity and independence The right to services of an appropriate standard The right to effective communication The right to be fully informed, The right to make an informed choice and give informed consent The right to support, Rights in respect of teaching or research The right to complain

Answer 5

It sets out the provider compliance requirements

Answer 6

Health ( needles and syringes) regulations 1998 Health (retention of health information) regulations 1996 Health and safety in employment regulations 1995 Privacy regulations 1993 Health practitioners competence assurance (election of members of medical council of NZ) regulations 2009

Answer 7

Case law relies on the Doctrine of Precedent So a court of law is bound by earlier decisions of courts higher up the hierarchy of courts This provides for some certainty of the law And allows for changing perceptions of community balues

Answer 8

(From highest) Supreme Court > court of appeal > high courts > district court and administrative tribunals

Answer 9

``` Negligence Defamation Assault, battery, false imprisonment (trespass to the person) Trespass to land, nuisance, Privacy ```

Answer 10

No tort of privacy in NZ until 2005 Privacy is recognised in international instruments which NZ signed ( such as the universal declaration of human rights) Act12: no one should be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks on his honour or reputation And the international convenant on civil and political rights

Answer 11

The right to be left alone Spatial privacy: the right to private space Informational privacy: the right to your information

Answer 12

1985 white paper for NZ bill of rights act 1990 Broadcasting act 1989 Privacy act 1993 and health information privacy code The harassment act 1997 The health and disability commissioner act 1996 The common law tort

Answer 13

The Tucker vs. News media ownership LTD 1985 Judge: a person who lives in an ordinary private life has a right to be left alone and to live the private aspects of his life without bring subjected to unwarranted or undesired publicity or public disclosure Public facts may become private over time One who goes to the public may give up some privacy rights (The news paper found out about Tuckers previous criminal history )

Answer 14

The move exposed tombstone of Bradley family Resulting in a disclosure of private facts that was a public disclosure In order for this to be an issue, the fact must be private facts and not public ones The disclosure must be highly offensive to a reasonable person or ordinary sensibilities The public interest might be a defence There can scarcely be anything less private than a tombstone in a public cemetery

Answer 15

1. The existence of facts in respect of which there is a reasonable expectation of privacy 2. Publicity given to those private facts that would be considered highly offensive to an objective reasonable person