RIGHT TO LIFE

Under the current constitution of Kenya, life is described as beginning form the period of
conception.

Implication the bill of right to life to pharmacy practice.

This is upheld by the pharmacy and poisons act whereby there’s Prohibition against
advertisements relating to abortion: No person shall take any part in the publication of any
advertisement referring to any drug, appliance or article of any description, in terms which are
calculated to lead to the use of such drugs, appliance or article for procuring the miscarriage of
women.

Limitations to right of life

Some religious factions have protested that the mere prevention of pregnancy is in itself
abortion, making it immoral to sell birth control pills or even condoms; the issue has become
more obscure with the introduction of emergency contraception, or the “morning after pill.”
Which is taken within 72 hours of intercourse. The fact that it is dispensed after actual
intercourse has caused many to believe that it equates to abortion. In February 2005, Wisconsin
Administrative Law Judge Collen Baird ruled that a pharmacist who refused to fill or transfer a
college student's prescription for birth control "fell far short of satisfying the standard of care"
required of pharmacists based on the Pharmacists' Code of Ethics and was liable to face
judgement.

RIGHT TO EMERGENCY TREATMENT

This involves emergency supply of medicine to a person who is currently undergoing medical
treatment and where the continuation of the treatment is essential to the wellbeing of the patient.
This is catered for under special provisions with respect to hospital under section 14: where no
medicine containing a poison shall, except in cases of emergency, be supplied from a dispensing
or pharmaceutical department for use in the wards, operating theatres or other sections of the
institution except upon a written order signed by a duly Pharmaceutical representative’s permit.

Section 6 part 2 (2) Where an authorized seller of poisons has reasonable cause to believe that a
person ordering a Part I poison is a duly qualified medical practitioner, dentist or veterinary
surgeon and who is by reason of some emergency unable to furnish such a prescription
immediately, he may, notwithstanding that no such prescription has been given, if the person
undertakes to furnish him with such a prescription within the twenty-four hours next following,
deliver the poison ordered in accordance with the directions of the person, so, however, that
notwithstanding anything in the directions, the supply shall not be repeated unless the
prescription has been given.

RIGHT TO CONFIDENTIALITY/ RIGHT TO PRIVACY

Confidentiality means not disclosing information that is specific to a patient to a third party.
There is a focus on communication of the patient’s information only once consent is obtained.
Privacy relates to sensitive information about a person and ensuring this is not disclosed to a
third party without consent. It focuses on collecting information. Pharmacy practice should be
conducted in a manner that does not propagate release of patients private information in any way.

A patient’s right to confidentiality is not absolute and may be overridden in particular

circumstances, including the following.

 Express consent: When the patient has provided consent to the pharmacist to release
private information. Consent is provided for a specific person to whom the information is
provided.
 Legal duty of disclosure: The release of certain information is required in most
jurisdictions, such as suspected child abuse, diagnosis of a communicable disease or rape.
Pharmacists need to weigh up the ethical and legal requirements regarding patient
confidentiality.
 Disclosure when capacity is an issue: A patient may lack the capacity to make their own
healthcare decisions or give legally valid consent. Information may be sourced from the
patient’s legal guardian on behalf of the incompetent adult.
 Public interest disclosure: Confidentiality may be overridden in circumstances where
disclosure of information is necessary in the public interest. This may arise when there is
a threat of harm or the possibility of death of the individual or another member of the
public.
 CONSUMER RIGHTS

Consumer rights aims at making the producer or supplier of a product responsible for any defect
that may harm the consumer which means that the consumer can sue for compensation. This also
protects the consumer any misleading marketing practices. In pharmacy practice, the main
concerns are that drugs could be outdated, contaminated, too potent or not potent enough. Under
the consumer protection act those who can be held liable are as follows:

 The producer: manufacturer of a finished product or component part, producer of raw

material, person who presents themselves as the producer by putting either their name,
trademark or other distinguishing feature on the product.
 The importer/ supplier of the product

Implications of consumer protection act on pharmacy practice:

 Dispensing of generic products: Pharmacists are encouraged to sell products which are
approved by the PPB (PPB approved drug list) but also to keep records (invoices) which
can trace back to the manufacturer of the product. Then this means that the pharmacist
will hold secondary liability rather than primary liability.
 Dispensing extemporaneous preparations: This requires that one keeps records of all the
batch numbers, the manufacturer and expiry dates of all the products used in
extemporaneous preparation together with the preparation procedure. This brings in the
concept of good manufacturing practices which should be followed. Every person who is
granted a manufacturing license under section 35A shall comply with the good
manufacturing practices prescribed by the Board.
 Dispensing a drug in an unlicensed form, for example, crushing tablets for a prescription.
This means that the manufacturer will not be responsible for any harm resulting from the
use of the unlicensed form of the formulation but the pharmacist will be held
accountable.
 Provision of counselling services, for example when dispensing medicines to patients
ensures appropriate information for safe and effective use of medication is given
otherwise any harm resulting from failure to do so will result in the pharmacist being
liable.
 Generic substitution: is the act of changing the brand of a particular medicine to another
that has been proven to be bioequivalent through research. Patients need to provide
informed consent before any substitution can occur as it may result in increased risk to
the patient if guidelines are not followed.
 Under the pharmacy and poisons act, on Prohibition of misleading advertisements no
person shall take any part in the publications of any advertisement referring to a drug,
medicine, medical appliance or similar article in terms which in the opinion of the Board
are considered to be extravagant and to bear little or no relation to the pharmacological
properties and action of the ingredients or components thereof.