New emphasis in the code of ethics

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The Pharmaceutical Journal
Vol 279 No 7467 p237-240
1 September 2007

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Continuing professional development

New emphasis in the code of ethics
In July 2007, the Royal Pharmaceutical Society published a single code of ethics for pharmacists and pharmacy technicians, which was sent to every registered pharmacist and pharmacy technician, along with supplementary standards and guidance. In the first of three articles, Joy Wingfield explores the new professionalism implicit in the 2007 code and the concept of autonomy
Continuing professional development articles	Code of ethics series

Joy Wingfield, FRPharmS, is professor of pharmacy law and ethics at Nottingham School of Pharmacy, University of Nottingham

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SUMMARY

The 2007 Code of Ethics for Pharmacists and Pharmacy Technicians can scarcely be described as “new”. “Revised” definitely; “improved” hopefully; and certainly modified to reflect the shifting cultures in our society and in the roles that pharmacists undertake.

The 2007 code takes what has been called a “principled” approach. In other words, it identifies the ethical principles — and the inherent values, attitudes and behaviours — that characterise a good pharmacist.

The highest expression of the code is captured in seven principles that can be applied to all fields of pharmacy practice and that should underpin and inform pharmacists’ decision-making processes. Each principle is supported by a number of statements.

The status and significance of the code are explained in Panel 2 (below).

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Panel 2: Status and significance

Pharmacy has voluntarily had a code of ethics for over half a century but, in 2007, its existence became a statutory requirement. The Pharmacists and Pharmacy Technicians Order 2007 explicitly requires the regulator to “prepare … and publish … guidance as to the standards of conduct, practice and performance expected of registrants”.

Thus the code becomes the standard of care expected by the regulator (currently the Royal Pharmaceutical Society) from pharmacists and pharmacy technicians and, by extension, the standard expected by patients, carers, Government and commissioners of services, and the standard for the duty of care expected by the courts in clinical negligence cases.

It is often said that a code of ethics sets standards over and above the law but a great deal of recent legislation codifies a social culture that respects individual autonomy and equality of access and treatment irrespective of gender, race, colour, disability, sexual preferences or faith.

The civil law provides redress for individuals who suffer harm because a health professional fails to exercise a proper standard of care in their management, treatment or advice (ie, clinical negligence).

Such common law rights are bolstered by comprehensive public service policy and direction, and statutory law concerning human rights, abuse of vulnerable adults, child protection, data protection, confidentiality and provisions for adults with mental disorders or who lack capacity to make their own decisions, such as people with learning disabilities or dementia.

The law cannot, however, address as yet unknown situations; its context is fixed at the time it is written and it struggles to allow for the uncertainty of the human condition and the associated need for judgement and discretion in health care.

The code, therefore, attempts to define principles to be aimed at and borne in mind; it is the pharmacist (or pharmacy technician) who must interpret them in the light of practice and be held to account for the outcome.