UNIT 1: INTRODUCTION TO PHARMACEUTICAL JURISPRUDENCE AND ETHICS agencies to function pursuant to the mandate of a legislative body; provide penalties

for those who fall to comply with the law.

Pharmacists
- subject to LEGAL and ETHICAL control Regulatory Law is promulgated by government agencies for the enforcement and
understanding of the law.
LEGAL CONTROL OF PHARMACY PROFESSION in the Phil. Government agencies are empowered by the legislative body to make rules and
-laws that govern the practice of pharmacy profession and relative to drugs. regulations to ensure full and proper implementation of the law.

Jurisprudence Common Law encompasses those areas of law that have evolved over hundred of
- a system of laws; science of philosophy of laws. years of judicial decisions; based on the principle of stare decisis – the policy of courts
to stand by precedent; entails the intricacies by which courts interpret statutes and
Ethics how they apply them to various fact situations.
- the science of morality, refers to the moral principles of practice.
Statutory Laws that Affect the Pharmacy Profession and its Practice in the Philippines
Law
- the sum total of rules and regulations by which a society is governed. 1. The Pharmacy Law – RA 5921
- created by people and exists to regulate all persons. 2. The Food, Drugs, Devices and Cosmetic Act – RA 3720
3. Special Law on Counterfeit Drugs – RA 8203
PRIMARY SOURCES OF LAW: 4. The Generics Act of 1988 – RA 6675
1. Constitutional 5. The Comprehensive Dangerous Act of 2002 – RA 9165
- supreme law of the country 6. Expanded Senior Citizen – RA 9257 (RA 994- SC Act 2010)
- foundation for a system of justice 7. The Price Act – RA 7581
2. Legislation (Statutory) 8. Consumers Act of the Philippines – RA 7394
- enacted by any legislative body 9. Universally Accessible Cheaper and Quality Medicines Act of 2008 – RA 9502
3. Administrative 10. Food and Drug Administration act of 2009 – RA 9711
- rules and regulations are created by an administrative agency to enforce the statutory
laws.
4. Common Ethics – study of human acts or conduct from a moral perspective as to whether they
- law evolves from court decisions, adhere to the doctrine of “stare decisis” to stand by are good or bad.
things needed
Objective of Ethics:
 Practice of pharmacy profession in the Phil. Is regulated by state laws. 1. To make clear to us why one act is better than another.
 Pharmacy laws are promulgated to define and regulate the pharmacy profession and 2. To live an orderly social life.
delimit its practice. 3. To appraise and criticize intelligently the moral conduct and ethical system.
 These legal controls are supplemented by self-control through professional ethics. 4. To seek the value of life.

CATEGORIES OF THE LEGAL PRINICIPLES THAT GOVERN THE PRACTICE OF Professional Ethics – branch of moral science that treats of the obligations which a
PROFESSION: member of a profession owes to the public, to his profession, and to his clients.
1. Statutory Law
2. Regulatory Law Bioethics – term to describe the application of ethics to biological sciences, medicine
3. Common Law and related fields; a systematic study of moral conduct in life sciences and medicines.

Statutes are laws that have been passed by legislative bodies such as the Senate and Importance of Bioethics:
the Congress; dictate the activities of person subject to the law; enable regulatory 1. To provide awareness to the health team or workers of the “do’s” and “don’t”
of medical practice
 2. To enrich one’s competence by understanding that the patient is a person and
a holistic individual.
Universal Principles of Biomedical Ethics
A. Autonomy – a form of personal liberty, where the individual is free to choose and
implements one’s own decisions, free from deceit, duress, constraint, or coercion.
B. Veracity – bins both the practitioner and the patient in an association of truth
C. Beneficence – acts of mercy and charity or any action that benefits another or apply
measures for the benefit of the sick.
D. Nonmaleficence – means never to use treatment to injure of wrong the sick.
E. Confidentiality – an important aspect of trust that patients place in health care
professionals.
F. Justice – an important aspect of trust that patients place in health care
professionals.
G. Role Fidelity – practice faithfully within the constraints of the role.
Moral Responsibility of Health Care Professionals toward their Patients (
characteristics that a pharmacist should posses according to Berger, 1993):
1. Competent
2. Trustworthy
3. Caring
Competence – must possess a knowledge base and skills to carry out their functions as
reliable therapeutic experts.
Trustworthiness – patients can confidentially seek the advice and assistance of the
pharmacist and their wishes will be carried out.
Caring – pharmacists must be able to effectively communicate that they care about
their patients, to provide adequate time interacting with their patients and to attend to
their concerns.
MORAL RIGHTS vs. LEGAL RIGHTS to Health Care
Legal Rights – 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 laws, but their basis lies not in the law, but in
ethical principles.
PATIENT’S RIGHT
a. Expect that clinicians will employ their knowledge and experience in caring for
them.
b. Expect that health care providers will respond to their wishes about their
treatment.
c. Generally, choose their own physician, pharmacy and hospital.
d. Allowed to choose from multiple options for treatment
e. Must give their approval through the process of informed consent prior to the
initiation of care.
f. Have a right to treatment that is both safe and effective within given
parameters.
CHARACTERISTICS OF A PROFESSIONAL
1. Possession of a specialized body of knowledge which enables the practitioner
to perform a highly useful social function.
2. Possession of a set of specific attitudes that influence professional behavior.
3. Existence of social sanction
4. Desire to be professional
5. Presence of an oath of allegiance and a code of ethics.
CODE OF ETHICS
A formal statement of a group’s ideals and values; a set of ethical principles that is 1)
shared by members of the group, 2) reflects their moral judgments over time, 3) serves
as a standard for their professional actions.
Most health professionals have specific codes of ethics that provide written guidelines
regarding ethical behavior. The Code of Ethics is usually written by their respective
professional organizations.
Health professionals are required to apply their Professional Code of Ethics within a
framework of societal moral values.
CODE OF ETHICS (PPhA)
Prepared by the professional organization for self-regulation; provide written
guidelines regarding ethical behavior.
Ethical Behavior in the pharmacy profession means conforming with the rules and
regulations governing the rights and duties of pharmacists, patients, and other health
professionals. The latest Code of Ethics of Pharmacists – November 2002
Importance of Code of Ethics:
 1. Code of ethics makes the decision-making process more efficient.
2. Individual professionals may occasionally need guidelines for directing their
professional behavior
3. Professional ethics establish a pattern of behavior that clients expect from the
members of the profession.
PPhA Code of Ethics for the Pharmaceutical Profession (Preamble)
 Pharmacists are health professionals who help individuals protect themselves
against disease, maintain good health and make the best use of their
medication;
 Promotes rational use of drugs and ensures the provision of safe, effective,
and quality drugs for improved patient care and quality of life.
 This code, prepared and supported by pharmacists, is intended to state
publicly the principles that form the fundamental basis of their roles and
responsibilities, which are based on moral obligations virtues and to guide
pharmacist in their relationship with patients, health professionals and
society.
1. A pharmacist places the well-being of patient at the center of professional
practice.
2. Promotes the welfare of each individual in a caring and compassionate
manner.
3. Serves the needs of the individual, community and society and provides health
for all
4. Respects the right of patients and upholds confidentiality of patient records.
5. Acts with honesty, integrity and professionalism in relationship with the
patient with the patient, and other health professionals.
6. Respects the abilities, values, and contributions of colleagues and other other
health professionals and work with them closely to ensure better patient care.
7. Committed to a continuously enhance professional competence.
8. 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 benefit of society.
FIP CODE OF ETHICS
- adopted by the Council of the International Pharmaceutical Federation (FIP) at its
Council meetings in Vancouver on September 5, 1997
FIP STATEMENT OF PROFESSIONAL STANDARDS CODE OF ETHICS FOR PHARMACISTS
Introduction
o A profession is defined by the willingness of individual practitioners to comply
with ethics and professional standards which exceed minimum legal
requirements.
o Pharmacists are health professionals who help people to maintain good health
to avoid ill health, and where appropriate, to acquire and make the best use
of their medicines
o The role of the pharmacist has changed significantly in the last 20 years.
o While fundamental ethical principles remain essentially the same, this code of
ethics has been redrafted to reaffirm and state publicly the principles that
form the basis of the roles and responsibilities of the pharmacist.
o These principles based on moral obligation and values, are established to
enable national pharmaceutical organization through their Codes of Ethics to
guide pharmacists in their relationship with patients, other health
professionals and society, in general.
o Pharmacists seek to act with fairness and equity in the allocation of health
resources available to them.
PRINCIPLES (In the practice of the profession)
1. The pharmacist’s prime responsibility is the good of the individual.
Obligations:
- to be objective
- to put the good of the individual before personal or commercial interest
(including financial interest)
- to promote individual’s right of access to safe and effective treatment.
2. The pharmacist shows the same dedication to all
Obligations:
- to show respect to life with dignity,
-not to discriminate between people
- to strive to treat and inform each individual according to personal
circumstances
3. The pharmacist respects the individual’s right to freedom of choice of
treatment.
Obligations:
- to ensure that the pharmacist is involved in developing care and treatment
plans, this is done in consultation with the individual.
4. The pharmacist respects and safeguards the individual’s right to
confidentiality.
Obligations:
- not to disseminate information which identifies the individual without
consent or due cause
5. The pharmacist cooperates with colleagues and other professionals and
respects their values and abilities.
Obligation:
 - to cooperate with colleagues and other professionals and agencies in efforts
to promote good health, treatment and prevent ill health.
6. The pharmacist acts with honesty and integrity in professional relationship.
Obligations:
- to act with conviction of conscience
- to avoid practices, behavior or work conditions that could impair
professional judgment
7. The pharmacist serves the needs of the individual, the community and society.
Obligation:
- to recognize the responsibilities associated with serving the needs of the
individual on one hand, and society at large on the other hand.
8. The pharmacist maintains and develops professional knowledge and skills
Obligation:
- to ensure competency in each pharmaceutical service provided, by
continually updating knowledge and skills.
9. The pharmacist ensures continuity of care in the event of care in the event of
labor disputes, pharmacy closure or conflict with personal moral beliefs
Obligation:
- to refer the patient to another pharmacist.
- to ensure that when a pharmacy closes, the patients are informed of the
pharmacy to which their record, if held, have been transferred.
CODE OF GOOD GOVERNANCE FOR THE PROFESSIONS IN THE PHILIPPINES
 A hallmark of true professionals is their willingness to accept a set of
professional and ethical principles and follow these principles in the conduct
of their daily affairs. The acceptance of these principles requires that
professionals maintain a higher standard of conduct than is called for by law.
 This code is adopted by the PRC and the 42 Professional Regulatory Boards
(June 17, 2002) to cover an environment of good governance in which all
Filipino professionals shall perform their tasks.
 While each profession may adopt and enforce its own code of good
governance and code of ethics, it is generally recognized that there is a
general commonality among the various codes.
 This code which covers the common principles underlying the codes of the
various professions could be used by all professionals who face ethical
questions in their work.
GENERAL PRINCIPLES OF PROFESSIONAL CONDUCT
Professionals are required not only to have an ethical commitment, a personal resolve
to act ethically, but also have both ethical awareness and ethical competency.
Ethical Awareness – refers to the ability to discern between right and wrong.
Ethical Competency – pertains to the ability to engage in sound moral reasoning and
consider carefully the implications of alternative actions.
SPECIFIC PRINCIPLES OF PROFESSIONAL CONDUCT
1. Service to Others
Professionals are committed to a life of service to others; they protect life, property,
and public welfare; to help others, they shall be prepared for heroic sacrifice and
genuine selflessness in carrying out their professional duties even at the expense of
personal gain.
2. 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.
In the performance of any professional service, they shall at all times maintain
objectivity, be free of conflicts of interest, and refrain from engaging in any activity that
would prejudice their abilities to carry out their duties ethically. They shall avoid
making any representation that would likely cause a reasonable person to be
misunderstood or to be deceived.
3. Professional Competence
In providing professional services, a certain level of competence is necessary. Ex:
knowledge, technical skills, attitude, and experience. Professionals shall, therefore
undertake only those professional services that they can be reasonably deliver with
professional competence.
Corollary to this, it is their express 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.
4. 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. Through teamwork within a
cohesive professional organization, each member shall effectively observe ethical
practices and pursue continuing professional development as well as deepen one’s
social and civic responsibility.
5. Social and Civic Responsibility
Professionals shall always carry out their professional duties with due consideration of
the broader interest of the public. They shall, therefore, serve their clients/employers
and the public with professional concern and in a manner consistent with their
responsibilities to society. As responsible Filipino citizens, they shall actively contribute
to the attainment of the country’s national objectives.

6. Global Competitiveness
Every professional shall remain open to the challenges of a more dynamic and
interconnected world. He or shall rise up to global standards and maintain levels of
professional practices fully aligned with global best practices.

7. 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. In
the eyes of the PRC, all professions are equal, and therefore, everyone shall treat other
professionals with respect and fairness.

Signed and adopted this 17th day of June 2002 on the occasion of the celebration of the
29th Anniversary of the PRC and Professional Regulation Week, Manila, Philippines.