Consent and Capacity in Pharmacy Practice

Vocabulary flashcards covering the legal and professional requirements for consent, mental capacity, and healthcare guidelines based on the PHA116 lecture notes.

Define consent

As defined by the Oxford English Dictionary, to express willingness, give permission, or agree.

What is Explicit (express) consent

Specific permission given to a pharmacy professional by a person, provided either in spoken or written form.

What is Implied consent

Consent given indirectly, for example when a person brings their prescription to a pharmacy professional to be dispensed.

What is informed consent

A valid form of consent where the person has the capacity to consent, acts voluntarily, has sufficient balanced information (including material risks), and understands the consequences of not giving consent.

What is the Bolam Principle

A test to determine if a practitioner met their duty of care, stating a doctor is not negligent if they act in accordance with a practice accepted at the time as proper by a responsible body of medical opinion.

Define Montgomery Principle

The legal duty of a healthcare professional to take reasonable steps to ensure a patient is aware of any material risks involved in recommended treatment and any reasonable alternative or variant treatments.

What is Material risk

A risk that a reasonable person in the patient's position would likely attach significance to, or one the doctor should reasonably be aware the particular patient would likely attach significance to.

Define the Mental Capacity Act $2005$

Legislative framework for England and Wales stating a person lacks capacity if they are unable to make or communicate a decision because of an impairment or disturbance affecting how their mind or brain works.

What are the Standards for Mental Capacity Assessment

A patient is held to lack capacity if they are unable to understand information, retain it, use and weigh it (comprehend), or communicate a decision.

What is Gillick competent

A child under the age of $16$ who is deemed to have sufficient understanding and intelligence to enable them to understand fully what is proposed in their medical treatment.

What is Fraser guidelines

Guidelines used to determine when a healthcare professional can provide contraceptive advice or treatment to an underage person without parental knowledge or permission.

What is Parental Responsibility

The right of parents named on a birth certificate to give consent for a minor's medical treatment, which typically continues until the child reaches the age of $18$.

What are the Emergency Treatment Criteria

Conditions under which treatment may be provided without consent, including if it is in the person's best interests, needed to save their life, or will prevent deterioration of their condition.