Legal Frameworks
LEGAL FRAMEWORKS
TERM DEFINITION
Misuse of Drugs Act Class A – Cocaine, Diamorphine, ecstasy
(1971) Class B – Cannabis, PO Alfetamines, Barbiturates
Class C – Tramadol, Zolpidem, Anabolic Steroids
Medicines Act (1968) Relates to Doctors and Dentists, amendments include IP
LAWS Human Medicines Classification of medicinal products
Regulation Licensing
(2012) PGDs & PSDs
License specifies; condition, population, dose, frequency for medication
O -label Unlicensed
Licensing of ▪ Prescribing for a di erent ▪ No UK license
Medication condition / population / dose / frequency ▪ Only use when no licensed medicine will
than stipulated for meet the pts needs or when the suitable
licensed medicine is not available
Patient Public Employer Profession
Civil Law Criminal Law Contract Law Regulatory
Body
▪ Claimant su ered ▪ O enses against the ▪ Vicarious ▪ NMC
Accountability loss state liability
TO: ▪ Evidence presented ▪ Presented before a ▪ Professional
before judge jury liability insurance
▪ Balance of ▪ Guilt must be proven via professional
probability body e.g. RCN
Valid Consent has 3 elements:
FULL VOLUNTARY INFORMED
Consent ▪ All treatments ▪ Not influenced by others ▪ Risks and benefits
proposed ▪ May be illogical or unreasonable ▪ Implication of not commencing
▪ Alternatives
▪ The pt should be told what they want to know, not what the prescriber
thinks they need to know
Consent ▪ Information tailored to the patient – three talk model
▪ Explain in a way they understand, then check. ‘chunk and check’
▪ Impact on the patients life and what matters to them? ICE
▪ Discuss alternatives
Prescribing for ▪ Gillick competence (Can a young person/child [<18] consent to medical treatment)
Children ▪ Fraser Guidelines (Sexual health)
Beauchamp & Childress (2019)
Beneficence Non-maleficence Respect for autonomy Justice
Ethics ▪ The principle of ▪ Duty to not cause ▪ Respect informed ▪ Benefits, risks +
doing good harm decision of patients costs must be fairly
▪ SDM / ICE / CPD ▪ SDM / ICE / CPD ▪ SDM / ICE distributed
1) Assume has capacity unless proven otherwise
The 5 2) Support individuals to make their own decisions
Capacity principles of 3) Individuals have the right to unwise decisions
capacity 4) Act in the patients’ best interest
5) Use the least restrictive methods
LEGAL FRAMEWORKS
TERM DEFINITION
Misuse of Drugs Act Class A – Cocaine, Diamorphine, ecstasy
(1971) Class B – Cannabis, PO Alfetamines, Barbiturates
Class C – Tramadol, Zolpidem, Anabolic Steroids
Medicines Act (1968) Relates to Doctors and Dentists, amendments include IP
LAWS Human Medicines Classification of medicinal products
Regulation Licensing
(2012) PGDs & PSDs
License specifies; condition, population, dose, frequency for medication
O -label Unlicensed
Licensing of ▪ Prescribing for a di erent ▪ No UK license
Medication condition / population / dose / frequency ▪ Only use when no licensed medicine will
than stipulated for meet the pts needs or when the suitable
licensed medicine is not available
Patient Public Employer Profession
Civil Law Criminal Law Contract Law Regulatory
Body
▪ Claimant su ered ▪ O enses against the ▪ Vicarious ▪ NMC
Accountability loss state liability
TO: ▪ Evidence presented ▪ Presented before a ▪ Professional
before judge jury liability insurance
▪ Balance of ▪ Guilt must be proven via professional
probability body e.g. RCN
Valid Consent has 3 elements:
FULL VOLUNTARY INFORMED
Consent ▪ All treatments ▪ Not influenced by others ▪ Risks and benefits
proposed ▪ May be illogical or unreasonable ▪ Implication of not commencing
▪ Alternatives
▪ The pt should be told what they want to know, not what the prescriber
thinks they need to know
Consent ▪ Information tailored to the patient – three talk model
▪ Explain in a way they understand, then check. ‘chunk and check’
▪ Impact on the patients life and what matters to them? ICE
▪ Discuss alternatives
Prescribing for ▪ Gillick competence (Can a young person/child [<18] consent to medical treatment)
Children ▪ Fraser Guidelines (Sexual health)
Beauchamp & Childress (2019)
Beneficence Non-maleficence Respect for autonomy Justice
Ethics ▪ The principle of ▪ Duty to not cause ▪ Respect informed ▪ Benefits, risks +
doing good harm decision of patients costs must be fairly
▪ SDM / ICE / CPD ▪ SDM / ICE / CPD ▪ SDM / ICE distributed
1) Assume has capacity unless proven otherwise
The 5 2) Support individuals to make their own decisions
Capacity principles of 3) Individuals have the right to unwise decisions
capacity 4) Act in the patients’ best interest
5) Use the least restrictive methods
