When we wrote the first edition, our objective was to describe the law rather than just list the Acts, regulations and cases that make up the law applying to community pharmacy.
That is still our objective. There has been an avalanche of new laws affecting pharmacy practice, all of which has had to be considered. The result is that the fourth edition is once again a complete rewrite. As always there has had to be a compromise between including everything we would have liked, and producing a readable text.
Once again we have concentrated on the laws which apply to community pharmacy and we have extended into other areas only where we consider it relevant to the community pharmacist. Although community pharmacists sometimes deal with agricultural products and veterinary medicines, we have generally left out the detailed laws in these areas. Instead we have included from those laws, sections which affect day-to-day practice as a pharmacist.
We have sought to produce an accessible text for both the community pharmacist and the pharmacy student. Any errors are ours – we hope there are none.
New challenges continue to confront the community pharmacist and we hope that this book will be a useful companion in meeting those challenges.
The law is stated as at 1 December 2005. We have tried to indicate where changes are likely in the new future.
- The Author -
Key Features
- Adopts a unique approach discussing topics thematically rather than statute based.
- Unlike competitor's, the style of the book is clear, accurate and succinct, avoiding long complex sentences which are so common in legal textbooks. The law is logically presented, even when it is complex or difficult, reasons for existence of law are discussed, and lack of clarity in the law is indicated where necessary.
- Includes the new and updated NHS pharmacy contract and discusses changes in many areas of relevant law.
- Updated chapters on employment law, human rights, informed consent, confidentiality, and changes in the NHS structure.
- Applicable for day-to-day use by community pharmacists and pharmacy students.
Contents
1 The National Health Service 1
- The National Insurance Act 1911 1
- The National Health Service Act 1946 1
- The National Health Service Act 1977 3
- New Act to consolidate NHS law 3
- General principles, scope and nature of the current NHS 3
- The National Health Services and Community Care Act 1990 5
- The Health Act 1999 5
- The Health and Social Care Act 2001 5
- The Health and Social Care (Community Health and
- Standards) Act 2003 9
- Advice from the health professions 10
- Acts of Parliament mainly concerned with the NHS 11
2 Administration of the NHS 13
- Administration 13
- NHS Executive 13
- Strategic Health Authorities (SHAs) 14
- Provision of NHS services 15
- Acute Trusts 15
- Foundation Trusts 16
- Primary Care Trusts 17
- Establishment 17
- Care Trusts 18
- Mental Health Trusts 19
- Ambulance Trusts 19
- Effects of devolution 21
3 The Supply of NHS Pharmaceutical Services 24
- The PCT’s duty 24
- Pharmaceutical services 25
- Contractors obligations 26
- Terms of service 27
- Fundamental requirements of the terms of service 27
- Form and Content of the Drug Tariff 41
- Part 1 – Requirements for the supply of drugs, appliances and chemical reagents 42
- Part 2 – Requirements enabling payments to be made 43
- Applications for NHS contract 52
- Duty of the PCT 53
- Application to PCT 53
- History 61
- The current rules 61
- Applications by doctors 64
- Appeal procedure 65
- The Regulations 66
- Wales 73
- New arrangements for patient involvement 74
- Local Authority overview 74
- Independent Complaints Advocacy Services (ICAS) 75
- Patient Advocacy and Liaison Services (PALS) 75
- Patient and Public Involvement Forums 76
- New monitoring arrangements for healthcare quality 77
- The Healthcare Commission 77
- Access to meetings 78
- The Health Service Commissioner for England 78
- Audit Commission 79
- Public Health Observatories 79
- The Health Protection Agency 80
- Independent Regulator of Foundation Trusts – Monitor 80
- Complaints and breaches of the terms of service 81
- Healthcare Commission 82
- New arrangements for dealing with serious allegations 84
- Referral to Royal Pharmaceutical Society 87
- The nature of the control 88
- History 88
- Retail pharmacy business 88
- Registered pharmacy 89
- The Medicines Act 1968 and other controls 95
- European Directives 95
- Control of retail sales 107
- Prescription Only Medicines 108
- Wholesaling of medicines 116
- Advertising and sales promotion 121
- Monitoring and complaints 126
- Supply of medicines in an emergency 128
- Collection and delivery schemes 131
- Unlicensed products 133
- Reasons for using unlicensed products 133
- Exemptions for unlicensed medicines 134
- Specials 134
- Record keeping 134
- Exemption for doctors 135
- Exemption for pharmacists 135
- Extemporaneous preparation in the pharmacy 137
- Off-label use 138
- The Code of Ethics 138
- Herbal remedies 139
- Licensing of herbal remedies 139
- New arrangements 140
- Homeopathic medicines 143
- Restrictions on sale for safety reasons 147
- Basic Provisions of the Misuse of Drugs Act 1971 152
- Reclassification of Cannabis 153
- International Convention 153
- Regulations concerned with misuse of drugs 154
- The Misuse of Drugs Regulations 2001 155
- Requirements for writing prescriptions 161
- Safe custody 169
- Addicts 170
- Drugs Act 2005 174
- The main regulations 175
- Standard Labelling Requirements for medicinal products for human use 176
- The Poisons Board 188
- The CHIP Regulations 2002 192
- The Environmental Protection Act 1990 194
- COSHH 194
- Packaging waste 195
- Dangerous Substances and Explosive Atmospheres Regulations 2002 195
- Food Safety Act 1990 195
- The Offensive Weapons Act 1996 196
- What are Patient Group Directions 197
- Background 210
- Legislation 211
- Independent prescribing 214
- Access to Pharmacies 217
- RPSGB Inspectors 217
- Regulation of Investigatory Powers Act 2000 (RIPA) 217
- Primary Care Trust 219
- PPI Forums 219
- NHS Counter Fraud Service 219
- Police Controlled Drugs Inspectors (CDI) 220
- The Healthcare Commission 220
- HM Revenue and Customs 220
- Health and Safety Inspectors 221
- Trading Standards (Weights and Measures) 221
- Disclosure of confidential information 222
- The Data Protection Act 1998 223
- The Principles 224
- Sensitive personal data 225
- The subject’s rights 226
- Use of personal data for research or analysis 226
- Non-computerised records 227
- Access to Health Records Act 1990 227
- Access to Medical Records Act 1988 227
- Use of anonymised data for research 227
- Control of patient information under the Health and Social
- Care Act 2001 228
- The Health Service (Control of Information) Regulations 2002 229
- Patient Information Advisory Group 229
- Confidentiality and children 229
- Human Rights Act 1998 229
- The Caldicott Review 1997 230
- Caldicott Guardian 230
- Department of Health Code of Practice 230
- Records 231
- Definition of consent 233
- Basis for the consent concept 234
- Consent by children 236
- The law in Scotland 237
- Law-making institutions 238
- Community law 239
- History 244
- The Royal Pharmaceutical Society of Great Britain 246
- The Statutory Committee of the RPSGB 250
- The standards of professional conduct 254
- Internet Pharmacy 261
- NHS Prescription Fraud 263
- Dispensing mistakes 265
- Breach of contract 265
- Negligence 265
- Liability as an occupier of premises 271
- Criminal liability for negligent conduct 272
- Corporate manslaughter 273
- Corporate Manslaughter Bill 2006 274
- Freehold premises 275
- Leasehold premises 276
- Planning law 291
- The sole trader 293
- Partnership 293
- The limited company 297
- Notification of changes after incorporation 308
- Contract for the sale of goods 310
- Remedies available to the seller and buyer in default 325
- Buyer’s remedies 327
- Product liability 330
- The contract of employment 333
- Special categories of employee 336
- Employee’s duties under the contract of employment 338
- Employer’s duties under the contract of employment 341
- Wages issues 345
- Maternity issues 346
- Insolvent employer 348
- Equal pay and discrimination 349
- Discrimination on the grounds of race 353
- Disability discrimination 353
- Bringing the employment to an end 356
- Human rights at work 363
- Human rights and privacy 365
- Human rights and employment issues 368
- Human rights and property interests 368
- Freedom of information 369
Index 373
Product Details
- Paperback: 390 pages
- Publisher: Elsevier Science; 4 edition (September 28, 2006)
- Language: English
- ISBN-10: 0444522018
- ISBN-13: 978-0444522016
- Product Dimensions: 9.3 x 6.5 x 0.7 inches
List Price: $92.95