PHARMACEUTICAL

JURISPRUDENCE AND
ETHICS
Prepared by:
JIRAH MOSEAL F. BUENAFE, RPh
 JURISPRUDENCE
•It is defined as a system of laws.
•It is the science which treats the
principles of positive law and
legal relations.
LEGAL PRINCIPLES

1.Statutory Law
2.Regulatory Law
3.Common Law
 STATUTORY LAW
•This are laws that have been passed by
legislative bodies such as the Senate and
the Congress.
•It enable regulatory agencies to function
pursuant to the mandate of a legislative
body.
 STATUTORY LAWS
•RA 5921 •RA 9994
•RA 3720 •RA 7581
•RA 8203 •RA 7394
•RA 6675 •RA 9502
•RA 9165 •RA 9711
 REGULATORY LAW
•This are laws promulgated by government
agencies for the enforcement and understanding
of the law.
•The government agencies are empowered by the
legislative body to make rules and regulations to
ensure full and proper implementation of the
law.
 COMMON LAW
•It encompasses those areas of law that
have evolved over hundred of years of
judicial decisions.
•It is based on the principle of the policy
of courts to stand by precedent.
 ETHICS
•It is the science of morality.
•It is a study of human acts or
conduct from a moral perspective
as to whether they are good or
they are bad.
OBJECTIVES OF ETHICS
• To make clear to us why one act is better than
other
• To live an orderly social life
• To appraise and criticize intelligently the moral
conduct and ethical system
• To seek the value of life
PROFESSIONAL ETHICS
•It is a branch of moral science
that treats the obligation of
member of the profession owes
to the public, to his profession
and to his clients.
 BIOETHICS
•It is the term used to describe the
application of ethics to biological
sciences, medicine and related fields.
•It is a systematic study of moral
conduct in life sciences and
medicines.
 IMPORTANCE OF
BIOETHICS
•To provide awareness to the health team
or workers of the “do’s” and “don’t” of
medical practice
•To enrich one’s competence by
understanding that the patient is a person
and a holistic individual.
UNIVERSAL PRINCIPLES
OF BIOETHICS
• Autonomy
• Veracity
• Beneficence
• Non-maleficence
• Confidentiality
• Justice
• Role Fidelity
 AUTONOMY
•It is a form of personal liberty of action where
the individual determines his or her own
course of action in accordance with a plan
chosen by himself herself. It is his or her
independence, self-reliance and self-contained
ability to decide.
 VERACITY
•It binds both the practitioner
and the patient in an
association of truth. It is the
conformance to truth.
 BENEFICENCE
• The principle of this is that it requires health professionals to
act in ways that benefits patient. It is the one that imposes that
a practitioner on duty must seek the good of the patient in all
circumstances.
• 4 important elements:
a. One ought to do or promote good
b. One ought to prevent evil or harm
c. One ought to remove evil or harm
d. One ought not to inflict evil or harm
NON-MALEFICENCE
•“DO NO HARM”.
•If the practitioner while delivering
health care, cannot bring about good
for the patient, he or she is bound by
duty to at least avoid any harm to the
patient under his or her care.
 CONFIDENTIALITY
•It is an important aspect of
trust that patients place in
health care professionals.
 JUSTICE
•It has something to do with “what
is fair” or “what is deserved.”
•It is the ethical principle that
relates to fair, equitable and
appropriate treatment.
 ROLE FIDELITY
•It means that the
practitioner practice
faithfully within the
constraints of the role.
 MORAL
RESPONSIBILITIES

•Competence
•Trustworthiness
•Caring
 COMPETENCE
•Pharmacists must be competent.
•Pharmacist should possess basic
knowledge and skills in order for
them to functions as drug experts.
TRUSTWORTHINESS
•Pharmacists must be trustworthy.
•Patients must know that they can
confidentially seek the advice and
assistance of their pharmacists.
 CARING
•Pharmacist must care for their patients.
•Pharmacists must be able to effectively
communicate to their patients and
interact with them to provide their
concerns.
 MORAL RIGHTS VS.
LEGAL RIGHTS
• Legal rights are rights that are guaranteed
fundamentally by the constitution and are
provided by laws and regulations promulgated
at the national, provincial or local level.
• Moral rights may be reinforced by the laws, but
their basis lies not in the law, but in ethical
principles.
 PATIENT’S RIGHT
• Patients can expect that clinicians will employ their knowledge and
experience in caring for them.
• Patients expect that health care providers will respond to their wishes
about their treatment.
• Patients can generally choose their own physician, pharmacy and
hospital.
• Patients are allowed to choose from multiple options for treatment.
• Patients must give their approval through the process of informed
consent prior to the initiation of care.
• Patients also have a right to treatment that is both safe and effective
within given parameters.
 PROFESSIONAL
CHARACTERISTICS
• Possession of a specialized body of knowledge which enables
the practitioner to perform a highly useful social function.
• Possession of specific attitudes that influence personal
behavior
• Existence of social sanction
• Desire to be professional
• Presence of an oath of allegiance and a code of ethics
 CODE OF ETHICS
•It is prepared by the professional
organization for self-regulation. It
provides written guidelines
regarding ethical behavior.
 IMPORTANCE OF CODE
OF ETHICS
• A code of ethics makes the decision-making more
efficient.
• Individual professionals may occasionally need
guidelines for directing their professional behavior.
• Professional ethics establish a pattern of behavior
that clients come to expect from members of the
profession.
 PHILIPPINE PHARMACISTS
ASSOCIATION

CODE OF ETHICS FOR

PHARMACISTS
1. A pharmacist places the well-being of the patient at the center
of professional practice.
2. A pharmacist promotes the welfare of each individual in a
caring and compassionate manner.
3. A pharmacist serves the needs of the individual, community
and society and provides health for all.
4. A pharmacist respects the rights of patients and upholds
confidentiality of patients’ records.
5. A pharmacist acts with honesty, integrity and professionalism
in relationship with the patients and other health
professionals.
6. A pharmacist respects the abilities, values and
contributions of colleagues and other health professionals
and work with the closely to ensure better patient care.
7. A pharmacist is committed to continuously enhance
professional competence.
8. A pharmacist, in coordination with the government and
other health professionals helps in the formulation and
implementation of health care policies, standards and
programs designed for the benefits of society.
 SPECIFIC PRINCIPLES OF
PROFESSIONAL CONDUCT
• Service to Others
• Integrity and Objectivity
• Professional Competence
• Solidarity and Teamwork
• Social and Civic Responsibility
• Global Competitiveness
• Equality of all Professions
 SERVICE TO OTHERS
• Professionals are committed to a life of service
to others. They protect life, property, and
public welfare.
• To serve others, they shall be prepared for
heroic sacrifice and genuine selflessness in
carrying out their professional duties even at
the expense of personal gain.
 INTEGRITY AND
OBJECTIVITY
• To maintain and broaden public confidence,
professionals shall perform their responsibilities with
the highest sense of integrity and imbued with
nationalism and spiritual values.
• Professionals should be free of conflicts of interest,
and refrain from engaging in any activity that would
prejudice their abilities to carry out their duties
ethically.
 PROFESSIONAL
COMPETENCE
• In providing professional services, a certain level of
competence is necessary.
• It is their obligation to keep up with new knowledge
and techniques in their field, continually improve
their skills and upgrade their level of competence,
and take part in a lifelong continuing education
program.
 SOLIDARITY AND
TEAMWORK
• Each profession shall nurture and support one
organization for all its members. Through a deep spirit of
solidarity, each member should put the broader interest
of the profession above one’s personal ambition and
preference.
• Each member shall observe ethical practices and pursue
continuing professional development as well as deepen
one’s social and civic responsibility.
 SOCIAL AND CIVIC
RESPONSIBILITY
•Professionals should always carry out their
professional duties with the consideration
of the broaden interest of the public. They
shall serve their clients/patients and the
publics with professional concern and in
manner consistent with their
responsibilities to society.
 GLOBAL
COMPETITIVENESS
• Every professional shall remain open to the
challenges of a more dynamic and
interconnected world.
• He or she shall rise up to global standards and
maintain levels of professional practices fully
aligned with global best practices.
 EQUALITY OF ALL
PROFESSIONS
• All professionals shall treat their colleagues
with respect and shall strive to be fair in their
dealings with one another. No one group of
professionals is superior or above others.
• All professions perform an equally important,
yet distinct, service to society.
 S TA N D A R D O F T H E
PHARMACY PRACTICE AND
PHARMACEUTICAL
E D U C AT I O N
 PHARMACY LAW
OVERVIEW
REPUBLIC ACT NO. 5921 – “The Pharmacy Law”
An act regulating the practice of
Title pharmacy and setting standards of
pharmaceutical education in the
Philippines and for other purposes
To govern:
Objectives a. The standardization and regulation
of pharmaceutical education
b. The examination of registration of
graduates of schools of pharmacy
c. The supervision, control and
regulation of the practice of
pharmacy
 Education Secretary
Composition of UP College of Pharmacy Dean
Council of Health Undersecretary
Dean (representing private pharmacy
Pharmaceutical schools)
Representative (Pharmacy Organization)
Education PRC Pharmacy Board Chairman
Chairman and 2 members with 3-year
PRC Board of term
a. Natural born Filipino citizens
Pharmacy b. Registered and practicing for at least
10 years
c. Of good moral character and of
recognized standing in the profession
d. At time of appointment, not a faculty
of any school offering pharmacy or of
a college of pharmacy
e. Member of a national pharmacy
organization
 • Filipino citizen
Candidacy for Board • Of good moral character
Examination • Must have completed
internship requirements
• Graduated with degree in
pharmacy
• General average of at least
Ratings Required 75%
• No ratings below 50% in more
than 2 subjects (modules)
• Failure to pass in 3 successive
attempts; need to attend a
pre-board review course from
a duly credited college of
pharmacy
 • Prepare or manufacture, analyze,
Practice of assay, preserve, store, distribute or
sell any medicine, drug chemicals,
Pharmacy cosmetics, pharmaceuticals,
devices used in pursuance thereof;
• Render pharmaceutical service in
any office or drug and cosmetic
establishment where scientific,
technological or professional
knowledge of pharmacy is applied;
• Engage in teaching scientific,
technological, professional
pharmacy subject in a college of
Pharmacy
• Conduct or undertake scientific
pharmaceutical research for
biological and bacteriological
testing and examinations
Pre-requisites for the • At least 21 years of age
Practice of Pharmacy • Passed the board
examination
• Holder of valid
certification of
registration
 COMMON CONCEPTS AND
DEFINITIONS
Cipher Code Secret Keys
Method of secret System of words Characteristic style
writing that or other systems or symbols kept
substitutes other arbitrarily used to from the
letters or present words knowledge of
characters for the others or disclosed
letter intended. confidentially to
one or few
 AUTHORITIES TO
MEMORIZE
He/she is the one appointing the
President of the members of the Board of Pharmacy.
Philippines
To recognize and accredit colleges and
Council of school of pharmacy in the different
Pharmaceutical universities.

Education
To reprimand any erring pharmacist or
Board of Pharmacy to suspend or revoke his/her certificate of
registration
Prescribe minimum mandatory
BFAD requirements necessary for the opening
and operation of a drugstore
 NUMBERS TO MEMORIZE
21 years The minimum age requirement to
practice Pharmacy in the
Philippines
5 years • The period in which the book is
kept for the purpose of
recording the sale of violent
poison.
• The period in which ordinary
prescription shall be retained.
60 days The period given to the decision
of Board of Pharmacy in
administrative cases involving
pharmacist becomes final and
executor
 • Members of the Board
2 of Pharmacy
• The number of board
exam in a year
Complete pharmacy
960 hours internship program
The period in which the
10 days BOP shall furnish an
answer, upon receipt of
formal complaint under
oath against any
pharmacist.