Lecture 9: Provincial Legislation Flashcards Preview

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Flashcards in Lecture 9: Provincial Legislation Deck (19)
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1

what makes the roof of our practice framework?

what are some other pieces of practice framework (7)

SOPs and Code of Ethics
- Clinical Rxst (dispense)
- Additional Rxing Authority
- Injection Authority
- Pharmacists and Pharm Tech Profession Regulation
- Pharmacy and drug Regulation
- Health Professions Act
- Pharmacy and Drug Act

2

Health Professions Act (HPA)
which section pertains to us?

• Subject is pharmacists and pharmacy technicians
• Focus is on pharmacists and pharmacy technicians and their competence to practice
• Role is defined in schedule 19 of Act
• Restricted activities authorized in s16 of regulations
- Pt 1 for all HCPs

3

what is the primary subject of the Pharmacy and Drug Act (PDA)

Primary subject is licensees
– Secondary subjects are pharmacists, pharmacy technicians and owners
• Focus is on infrastructure, systems, and policies and procedures
• Accommodates drug scheduling through regulation

4

what must happen when developing practice framework?

What legal instrument is under authority of:
1. Legislative Assembly
2. Cabinet
3. Council

Must provide appropriate balance between
enabling authority and ensuring accountability

1. Act
2. Regulations
3. Standards and Ethics, Bylaws

Difficult to introduce new legislation and make amendments
Easier to access minister and getting approval for something
need to consult w/ gov't and stakeholders

5

How many schedules and professions does the HPA include?

• Omnibus legislation – 28 schedules; about 30
professions
• Mandatory registration (s40)
• Multiple approaches to entering practice
• Continuing competence
• Defined/overlapping scopes of practice
• Restricted Activities
• Common approaches to complaints resolution
including ACR

6

What do Restricted Activities mean?
What are some examples for pharm? (6)

• Restricted activities are defined in s7.1 of the Government Organization Act.
• Can only be performed by a registered member of a regulated health profession unless otherwise authorized by the Lieutenant Governor in council.
• Prescribing
• Compounding
• Dispensing
• Selling Scheduled Drugs
• Administering Drugs by Injection
• Inserting fingers and devices beyond anal verge or labia majora

7

what parts of HPA are common to all professions?

Parts 1-4
– Governance
– Registration
– Competence
– Complaints resolution

8

what parts of HPA are unique to each profession?

Unique schedules to each profession
– Scope of practice
– Restricted titles
• Schedule 19 – Pharmacists and Pharmacy Technicians
– Scope of practice must be read in conjunction with s16 of the regulation

9

Governance – Part 1 of HPA

what are licensing organizations?
what can they NOT be?

• Moral ownership is the public
• all licensing organizations must be
called a college
• Governed by council- a college cannot:
• Serve as a professional association
• Officer or senior employee of a professional association cannot be a member of the college or statutory committees of the college

10

Governance – Part 1 of HPA

Bylaws
how is the council formed?

Colleges governed by council

5 elected R’xsts
• 5 geographic districts

2 elected PT’s
• 2 geographic districts

7 individuals appointed by the Minister

Officers – (Pres-elect proceeds to president)

11

Registration - Part 2 HPA, s3-14regs

registration is based on _______ and not _______
who must register?

competency, knowledge
SPT is not about hours but building confidence and competence

- qualified individuals who provide services directly to the public, teach the practice of a regulated profession, or who supervise the practice of a regulated profession must register
• accommodates principles of the internal agreement on trade

12

3 approaches to recognition?

Pharmacists and Pharmacy Technicians Profession Regulation

How many pharmacist registers are there? How many technician registers?

– Traditional
– Mutual recognition
– Substantive equivalence

4 Pharmacist registers
– Student
– Provisional (2 yr. max)
– Clinical
– Courtesy (Education, Locums): like to come to province to provide services

3 Technician registers

13

what are the requirements for registration?

• Undergraduate Degree in Pharmacy (BSc./PharmD.)
• Structured practical training (training and evaluation)
• Citizenship or authorized to be employed
• Fluency
• Good character
• Evaluations (max 3 attempts)
– PEBC
– Ethics and Jurisprudence
• Liability Insurance
– 2 Million personal (in your name)
**evidence respecting the applicant’s fitness to practice

14

General duty - A regulatory body has a duty to
carry out registration practices that are
transparent, objective, impartial and procedurally
fair.

This pertains to what?

Fair Registration Practices Act (2019)

10(2) -The Minister may give notice to a regulatory body that an audit must be conducted, in accordance with the regulations, in respect of its registration practices and its compliance with this Act and the regulations.
- In an investigation, the cost is borne by the college

15

Annual Practice Permit
- what infor does it indicate (3)
- when is the renewal date

• Must be available for presentation to a member of the public
• Will indicate:
– Expiry date
– Authorizations
– Restrictions/conditions

Renewal date is July 1
• Renewal applications must be received prior to June 1
– Application,
– Annual fees,
– Proof of liability insurance
– Professional development log

16

Competence Program – Part 3 of HPA and s24-31 of regs

what 4 things make up competence?
how many continuing PD hours are needed?
what is the Professional development log?

knowledge + skills +judgment + attitude
• Competency review is a proactive, educationally
oriented program provided to support and
enhance the practice of pharmacists

Includes, amongst other processes:
• self-assessment
• Continuing professional development – 15 hours
• Implementation of at least 1 hour of learning

• Professional development log
– ACP provides portal to document professional development
experiences and implementation record

17

Complaints Resolution – Part 4 of HPA and s 33-40 of regs

what are the responsibilities of the Complaints Director and Hearings Director?

Complaints Director
• Responsible for receiving, investigating, and where possible resolving complaints where a Hearings Tribunal is not required
• Complaints review committee may review decisions of the complaints director
– 50% public Members

Hearings Director
• Responsible for the coordination of all processes subsequent to complaint being referred to Hearings Tribunal
• Hearing Tribunal includes at least 3 regulated members and 1 member appointed by the Minister
– 50% public members

18

what is the goal of an investigation?

what can the Complaints Director do?

Goal of investigation is to determine whether the complaint constitutes unprofessional conduct

•Facilitate resolution between complainant and pharmacist
•By themselves
•Through assistance of appointed individuals
•Request an expert review
•Recommend alternate complaint resolution (ACR)
•Determine matter is frivolous or vexatious
•Refer to a Hearings Tribunal

If Complaints Director dismisses a complaint, the complainant may request through the Hearings Director, a review by the Complaints Review Committee.

19

Which piece of legislation addresses sexual abuse and sexual misconduct?

what does it address? (3)
what is the punishment for sexual abuse

Bill 21 - An Act to Protect Patients
Passed in Nov 2018, came into effect April 1, 2019

– Defines sexual abuse and sexual misconduct
– Mandates penalties where health professional is found to be guilty of sexual abuse or sexual misconduct
– Establishes additional requirements of colleges with
respect to education of college leaders, establishment of a patient safety program, and a fund to support – victims
– Mandatory learning modules for pharmacists to be
completed prior to annual permit renewal in 2021

absolute: cancellation from register for sexual abuse